OAR 123-200-1630: Denial and Decertification of OSBE Firms

(1) This rule applies only to the denial and decertification of a firm’s OSBE status under Oregon law. COBID may deny certification or decertify a firm at any time if the agency determines that the firm no longer meets eligibility standards set out in OAR 123-200-1610. The procedure is as follows: (a) COBID will issue a Notice of Intent to Deny Certification in the case of denial of initial certification and indicate the specific reasons for the decision. (b) In the case of decertification, COBID shall issue a Notice of Intent to Decertify the firm 21 days prior to the date of decertification and indicate the specific reasons for the decision. (c) In the event of a denial or decertification, the applicant or firm representative has 21 calendar days from the date of notice in which to submit a written appeal to the program manager of COBID. Following the review of the applicant’s written appeal, the program manager will issue a decision. (d) If the applicant or firm representative does not agree with the manager’s decision, he or she may request a contested case hearing. COBID will conduct a contested case hearing in accordance with ORS 183.310 to 183.550. Following the contested case hearing, the Hearings Officer will forward a proposed order to COBID. The program manager of COBID will issue a final order. (e) If the applicant or firm representative files an appeal in writing or requests a contested case hearing, COBID will stay the denial or decertification pending the issuance of the final order. If the applicant or certified firm does not submit a written appeal or request for a contested case hearing to COBID within the 21-day period, the denial or decertification shall be final. (2) An applicant or firm representative may withdraw an application or certification if there is no longer a desire to participate in the program or if eligibility is unable to be met at the time of review. (3) Any business denied initial certification would be ineligible to reapply for a period of up to 12 months.