Title of Regulation: 7VAC13-20. Regulations to Govern the Certification of Small, Women-Owned, and Minority-Owned Businesses (amending 7VAC13-20-230).

Statutory Authority: § 2.2-1606 of the Code of Virginia.

Effective Date: April 15, 2021.

Agency Contact: Jennifer Mayton, General Administration Manager III, Department of Small Business and Supplier Diversity, 101 North 14th Street, 11th Floor, Richmond, VA 23219, telephone (804) 593-2007, email jennifer.mayton@sbsd.virginia.gov.

Summary:

The amendments clarify the appeals process for an applicant whose application to be certified as a Small, Women-Owned, or Minority-Owned Business has been denied or revoked by the department.

7VAC13-20-230. Appeals from a denial of certification or recertification or revocation of certification.

A. An applicant whose application for certification or recertification has been denied by the department, or a certified business whose certification has been revoked by the department (complainant), shall have the right to an informal fact-finding proceeding may request an informal review before the designated representative of the department to present the grounds upon which the complainant believes the denial of certification should be reconsidered. A decision of the department will only be reconsidered if the complainant can demonstrate that a material mistake of fact formed the basis for the department's review of the application or other relevant record decision, or if the department's decision was not in accordance with applicable laws or regulations.

B. Any A request for an informal fact-finding proceeding review pursuant to subsection A of this section must be submitted in writing to the department within 10 days of the date on which the notice of denial of recertification or the notice of revocation was sent by the department. The request for an informal fact-finding proceeding shall include a clear, brief summary of all factual errors and legal grounds upon which the complainant intends to rely. Within 30 days of the receipt of a timely request for an informal fact-finding proceeding review, the department shall issue a notice stating the date and time of the informal fact-finding proceeding review. The informal fact-finding proceeding review will not be scheduled less than seven and not more than 45 days from the date of the notice and may be conducted by telephone, video conference, or in person at the department's offices or such other location as the department deems appropriate. Within 60 days from the date on which the informal fact-finding proceeding review was held, the department shall issue a notice, in writing, stating the final decision of the department.

C. Either party to the informal fact-finding proceeding review is entitled to have counsel present, but no party shall be required to be represented by counsel at or in connection with the informal fact-finding proceeding review.