[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.61]

[Page 283]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 26--PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS--Table of Contents
 
                   Subpart D--Certification Standards
 
Sec. 26.61  How are burdens of proof allocated in the certification process?


    (a) In determining whether to certify a firm as eligible to 
participate as a DBE, you must apply the standards of this subpart.
    (b) The firm seeking certification has the burden of demonstrating 
to you, by a preponderance of the evidence, that it meets the 
requirements of this subpart concerning group membership or individual 
disadvantage, business size, ownership, and control.
    (c) You must rebuttably presume that members of the designated 
groups identified in Sec. 26.67(a) are socially and economically 
disadvantaged. This means that they do not have the burden of proving to 
you that they are socially and economically disadvantaged. However, 
applicants have the obligation to provide you information concerning 
their economic disadvantage (see Sec. 26.67).
    (d) Individuals who are not presumed to be socially and economically 
disadvantaged, and individuals concerning whom the presumption of 
disadvantage has been rebutted, have the burden of proving to you, by a 
preponderance of the evidence, that they are socially and economically 
disadvantaged. (See Appendix E of this part.)
    (e) You must make determinations concerning whether individuals and 
firms have met their burden of demonstrating group membership, 
ownership, control, and social and economic disadvantage (where 
disadvantage must be demonstrated on an individual basis) by considering 
all the facts in the record, viewed as a whole.