(A) The designation of a business as socially and economically disadvantaged may be challenged by a third party, in writing, to the CRD.
(B) The challenger shall include all relevant information available to a determination of whether the challenged party is in fact socially and economically disadvantaged.
(C) The CRD shall determine, on the basis of the information provided by the challenging party, whether there is reason to believe that the challenged party is in fact not socially and economically disadvantaged. If the CRD disagrees, the challenging party is advised, in writing. Challenge proceedings terminate at this point.
(D) If the CRD determines that there is reason to believe the challenging party, the CRD shall notify the challenged party, in writing, that his or her status as a socially and economically disadvantaged individual has been contested. The notice shall identify the challenging party and summarize the grounds for the challenge. The notice shall also require the challenged party to provide sufficient information to permit further evaluation.
(E) The CRD shall evaluate the information available and make proposed determination of the social and economic status of the challenged party. The CRD shall notify both parties of this proposed determination, in writing, setting forth the reasons for its proposal. The CRD shall provide an opportunity to both parties for an informal hearing, at which time they can respond to this proposed determination in writing and in person.
(F) Following the informal hearing, the CRD shall make a final determination. The CRD shall inform the parties, in writing, of its final determination, setting forth the reasons for its decision.
(G)
During the pendency of a challenge under this section, the presumption that the challenged party is a socially and economically disadvantaged individual shall remain in effect.
(H) CRD’s final determination may be appealed to the Department of Transportation by the adversely affected party.
(Ord. CRB 84-42, passed 9-14-1984)