1. (a) To be certified as an SBE, a firm must submit to the department, except as provided by subsection (b) of this section, a written application on a form prescribed by the department that affirms under penalty of perjury that the firm qualifies as an SBE.
2. (b) A firm certified as a disadvantaged business enterprise (DBE) or a Historically Underutilized Business (HUB) is eligible to be considered for SBE certification without submitting an SBE application.
3. (c) If requested by the department, an applicant must provide the requested materials and information necessary to demonstrate the qualifications as an SBE.
4. (d) A firm seeking certification has the burden of demonstrating by a preponderance of the evidence that it meets the certification standards.

Source Note:The provisions of this §9.305 adopted to be effective September 1, 2012, 37 TexReg 5320.