1. (1) The Department may disqualify a Business and terminate SBDP participation due to misconduct.

2. (2) Reasons for Misconduct Disqualification include, but are not limited to:

   1. (a) The Applicant knowingly made a false claim, or misrepresented existing certification status, during the qualifying process.
   2. (b) The Business entered into an agreement with another organization to leverage Business qualification in the program.
   3. (c) If a Business does not meet eligibility criteria and attempts to participate in the SBDP as a qualified small business on the basis of false, fraudulent, or deceitful statements or representations indicating a serious lack of business integrity or honesty, the Department may terminate program participation.

3. (3) If the Department determines that a Business should be disqualified for misconduct and have its participation terminated, the Department will issue a Notice of Intent to Disqualify for Misconduct and Terminate Participation, by Certified Mail, which will include:

   1. (a) The effective date of program disqualification;
   2. (b) An explanation supporting the reasons for disqualification; and
   3. (c) A statement of the Business's ability to request Administrative Reconsideration and applicable deadlines.
4. (4) The Business has 20 calendar days from the date of the Notice of Intent in which to request Administrative Reconsideration. If the Department does not receive a request for request Administrative Reconsideration within 20 calendar days, the Notice of Intent to Revoke Participation Due to Misconduct and Terminate Participation will become the Department’s final determination of eligibility.
5. (5) A Business subject to the Department’s final determination of Misconduct Disqualification is not eligible to qualify for future program participation.

Statutory/Other Authority

ORS 184.619

Statutes/Other Implemented

ORS 184.906

History

DOT 7-2024, adopt filed 12/04/2024, effective 12/04/2024