[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.61]

[Page 301-302]
 
                        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 they do not have the burden of proving to you 
that they are socially and economically disadvantaged. In order to 
obtain the benefit of the rebuttable presumption, individuals must 
submit a signed, notarized statement that they are a member of one of 
the groups in Sec.  26.67(a). Applicants do 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

[[Page 302]]

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.

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