[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR1400.5]



[Page 440-441]

 

                  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 441]]



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.