Sec. 9606.5. Denial of certification

The following types of ownership, control or circumstances concerning an applicant seeking certification as a minority or women business enterprise shall render it ineligible:

(a) ownership of the applicant by a nonminority/women owned business;

(b) control of the applicant by nonminority or women owned business through substantial funding arrangements or the sharing of employees, office space or equipment without formal agreement;

(c) where the actual management of the business enterprise is contracted out to individuals other than minority group members or women, minority group members and women must demonstrate that they have the ultimate power to hire and fire these managers, that they exercise this power and make other substantial decisions which reflect control of the business enterprise;

(d) applicants are required to conduct business activities for, generally, at least one year prior to the application date. Applicants who have been conducting business activities for less than one year, may not be able to provide sufficient information upon which a certification decision can reasonably be made, and therefore their application may be rejected.