49 C.F.R. § 265.14-1 Appeals of determination of MBE status.
Title 49 - Transportation
(a) Filing. Any firm who believes that it has been wrongly determined not to be an MBE under §265.14 by the FRA or a recipient may file an appeal in writing with the Administrator. The appeal shall be filed no later than 30 days after the date of the determination. The Administrator may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reasons for so doing. Third parties who have reason to believe that a business has been wrongly denied or granted status as an MBE may advise the Administrator. This information is not considered an appeal pursuant to this section. (b) Decision to investigate. The Administrator ensures that a prompt investigation is made of those cases with investigative merit (except those being reviewed on the merits by the Comptroller General), pursuant to prescribed DOT Title VI (49 CFR part 21) investigation procedures. (c) Status during the investigation. The Administrator may deny the business in question eligibility to participate as an MBE in direct or FRA-assisted contracts let during the pendancy of the investigation, after providing the business in question an opportunity to show cause by written statement to the Administrator why this should not occur. (d) Cooperation in investigation. All parties shall cooperate fully with the investigation. Failure or refusal to furnish relevant information or other failure to cooperate is a violation of this part. (e) Determinations. The Administrator will make one of the following determinations and so inform the business in writing of the reasons for the determination: (1) The business is considered to be an MBE within the meaning of this part; or (2) The business is not considered to be an MBE within the meaning of this part and is denied eligibility to participate as an MBE in any direct or FRA-assisted contract until a further determination is made by FRA that the business is an MBE within the meaning of this part. [44 FR 36339, June 21, 1979]
Title 49: Transportation
PART 265—NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD PROGRAMS
Subpart B—Requirements
§ 265.14-1 Appeals of determination of MBE status.
