[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR1400.5]

[Page 420-421]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
            CHAPTER XIV--MINORITY BUSINESS DEVELOPMENT AGENCY
 
PART 1400_DETERMINATION OF GROUP ELIGIBILITY FOR MBDA ASSISTANCE--Table of Contents
 
Sec. 1400.5  Decision.

    (a) Procedure. After receipt of an application requesting formal 
designation as a socially or economically disadvantaged group, the 
Department of Commerce will publish a notice in the Federal Register 
that formal designation of this group will be considered. This notice 
will request comment from the public on the propriety of such a 
designation. The Department may gather additional information which 
supports or refutes the group's request. Any member of the public, 
including Government representatives, may submit information in written

[[Page 421]]

form. It is the responsibility of the applicant, however, to submit all 
relevant information which it wishes considered in its request for a 
determination of group eligibility.
    (b) Decision. A decision will be made within 180 days of the receipt 
of the request. The decision will be published in the Federal Register. 
Applicants will also be informed in writing.
    (c) Appeal. All questions of eligibility and procedural requirements 
shall be resolved by the Director, MBDA whose decision shall be final. 
An applicant may appeal this decision to the Secretary of Commerce. 
Applicants requesting an appeal should provide any information 
discovered subsequent to the Director's initial decision which would 
further their claim. The right to appeal shall be granted at the 
absolute discretion of the Secretary.