Sec.13a-165-13. Decertification procedures

(a) At any time after a business has been certified as a DBE, the OCC may initiate a proceeding to decertify the DBE if the OCC has reasonable cause to believe that the DBE does not meet the requirements of a DBE as set forth in these regulations and in 49 CFR Part 23, or for other good cause. Following investigation, the OCC shall refer the matter to the Certification Panel for a decertification hearing.

(b) If the matter is referred to the Certification Panel for hearing, the DBE shall be provided with written notice including: (1) a statement of the time, place and nature of the hearing, (2) a statement of the legal authority and jurisdiction under which the hearing is to be held, (3) a reference to the particular sections of the statutes and regulations involved, and (4) a short and plain statement of the facts or conduct warranting decertification.

(c) At the hearing before the Certification Panel, any oral or documentary evidence may be received, but the Panel shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. When the hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

(1) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare any copies or excerpts with the original.

(2) The parties may conduct cross-examinations required for a full and true disclosure of the facts.

(3) Notice may be taken of generally recognized technical facts within the Department of Transportation's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed.

(4) The Certification Panel's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

(d) The Certification Panel shall render a decision in the matter within sixty (60) days following the close of evidence. The decision shall be in writing and shall contain the Panel's findings of fact and conclusions of law. A copy of the decision shall be sent to all parties by registered or certified mail, postage prepaid.

(Effective January 4, 1990)