(1) This rule applies only to the denial and decertification of a firm’s OSBE status under Oregon law. COBID may deny certification or decertify a firm at any time if the agency determines that the firm no longer meets eligibility standards set out in OAR 123-200-1610. The procedure is as follows:
- (a) COBID will issue a Notice of Intent to Deny Certification in the case of denial of initial certification and indicate the specific reasons for the decision.
- (b) In the case of decertification, COBID shall issue a Notice of Intent to Decertify the firm 21 days prior to the date of decertification and indicate the specific reasons for the decision.
- (c) In the event of a denial or decertification, the applicant or firm representative has 21 calendar days from the date of notice in which to submit a written appeal to the program manager of COBID. Following the review of the applicant’s written appeal, the program manager will issue a decision.
- (d) If the applicant or firm representative does not agree with the manager’s decision, he or she may request a contested case hearing. COBID will conduct a contested case hearing in accordance with ORS 183.310 to 183.550. Following the contested case hearing, the Hearings Officer will forward a proposed order to COBID. The program manager of COBID will issue a final order.
- (e) If the applicant or firm representative files an appeal in writing or requests a contested case hearing, COBID will stay the denial or decertification pending the issuance of the final order. If the applicant or certified firm does not submit a written appeal or request for a contested case hearing to COBID within the 21-day period, the denial or decertification shall be final.
- (2) An applicant or firm representative may withdraw an application or certification if there is no longer a desire to participate in the program or if eligibility is unable to be met at the time of review.
- (3) Any business denied initial certification would be ineligible to reapply for a period of up to 12 months.
Statutory/Other Authority
ORS 200.055
Statutes/Other Implemented
ORS 200.005
History
OBDD 6-2026, adopt filed 04/02/2026, effective 04/02/2026