[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.91]

[Page 290]
 
                        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 E_Certification Procedures
 
Sec.  26.91  What actions do recipients take following DOT certification 
appeal decisions?

    (a) If you are the recipient from whose action an appeal under Sec.  
26.89 is taken, the decision is binding. It is not binding on other 
recipients.
    (b) If you are a recipient to which a DOT determination under Sec.  
26.89 is applicable, you must take the following action:
    (1) If the Department determines that you erroneously certified a 
firm, you must remove the firm's eligibility on receipt of the 
determination, without further proceedings on your part. Effective on 
the date of your receipt of the Department's determination, the 
consequences of a removal of eligibility set forth in Sec.  26.87(i) 
take effect.
    (2) If the Department determines that you erroneously failed to find 
reasonable cause to remove the firm's eligibility, you must 
expeditiously commence a proceeding to determine whether the firm's 
eligibility should be removed, as provided in Sec.  26.87.
    (3) If the Department determines that you erroneously declined to 
certify or removed the eligibility of the firm, you must certify the 
firm, effective on the date of your receipt of the written notice of 
Department's determination.
    (4) If the Department determines that you erroneously determined 
that the presumption of social and economic disadvantage either should 
or should not be deemed rebutted, you must take appropriate corrective 
action as determined by the Department.
    (5) If the Department affirms your determination, no further action 
is necessary.
    (c) Where DOT has upheld your denial of certification to or removal 
of eligibility from a firm, or directed the removal of a firm's 
eligibility, other recipients with whom the firm is certified may 
commence a proceeding to remove the firm's eligibility under Sec.  
26.87. Such recipients must not remove the firm's eligibility absent 
such a proceeding. Where DOT has reversed your denial of certification 
to or removal of eligibility from a firm, other recipients must take the 
DOT action into account in any certification action involving the firm. 
However, other recipients are not required to certify the firm based on 
the DOT decision.