[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.63]

[Page 282]
 
                        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. 26.63  What rules govern group membership determinations?

    (a)(1) If, after reviewing the signed notarized statement of 
membership in a presumptively disadvantaged group (see Sec. 26.61(c)), 
you have a well founded reason to question the individual's claim of 
membership in that group, you must require the individual to present 
additional evidence that he or she is a member of the group.
    (2) You must provide the individual a written explanation of your 
reasons for questioning his or her group membership and a written 
request for additional evidence as outlined in paragraph (b) of this 
section.
    (3) In implementing this section, you must take special care to 
ensure that you do not impose a disproportionate burden on members of 
any particular designated group. Imposing a disproportionate burden on 
members of a particular group could violate Sec. 26.7(b) and/or Title 
VI of the Civil Rights Act of 1964 and 49 CFR part 21.
    (b) In making such a determination, you must consider whether the 
person has held himself out to be a member of the group over a long 
period of time prior to application for certification and whether the 
person is regarded as a member of the group by the relevant community. 
You may require the applicant to produce appropriate documentation of 
group membership.
    (1) If you determine that an individual claiming to be a member of a 
group presumed to be disadvantaged is not a member of a designated 
disadvantaged group, the individual must demonstrate social and economic 
disadvantage on an individual basis.
    (2) Your decisions concerning membership in a designated group are 
subject to the certification appeals procedure of Sec. 26.89.

[64 FR 5126, Feb. 2, 1999, as amended at 68 FR 35554, June 16, 2003]