[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR265.14-1]



[Page 844-845]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 265_NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD PROGRAMS--

 

                         Subpart B_Requirements

 

Sec.  265.14-1  Appeals of determination of MBE status.



    (a) Filing. Any firm who believes that it has been wrongly 

determined not to be an MBE under Sec.  265.14 by the FRA or a recipient 

may file an appeal in writing with the Administrator. The appeal shall 

be filed no later than 30 days after the date of the determination. The 

Administrator may extend the time for filing or waive the time limit in 

the interest of justice, specifying in writing the reasons for so doing. 

Third parties who have reason to believe that a business has been 

wrongly denied or granted status as an MBE may advise the Administrator. 

This information is not considered an appeal pursuant to this section.

    (b) Decision to investigate. The Administrator ensures that a prompt 

investigation is made of those cases with investigative merit (except 

those being reviewed on the merits by the Comptroller General), pursuant 

to prescribed DOT Title VI (49 CFR part 21) investigation procedures.

    (c) Status during the investigation. The Administrator may deny the 

business in question eligibility to participate as an MBE in direct or 

FRA-assisted contracts let during the pendancy of the investigation, 

after providing the business in question an opportunity to show cause by 

written statement to the Administrator why this should not occur.

    (d) Cooperation in investigation. All parties shall cooperate fully 

with the investigation. Failure or refusal to furnish relevant 

information or other failure to cooperate is a violation of this part.

    (e) Determinations. The Administrator will make one of the following 

determinations and so inform the business in writing of the reasons for 

the determination:

    (1) The business is considered to be an MBE within the meaning of 

this part; or

    (2) The business is not considered to be an MBE within the meaning 

of this part and is denied eligibility to participate as an MBE in any 

direct or FRA-assisted contract until a further determination is made by 

FRA that the



[[Page 845]]



business is an MBE within the meaning of this part.



[44 FR 36339, June 21, 1979]