(a) A DBE certification complaint may be filed directly
with the U.S. Department of Transportation or with the department
if the department is the TUCP member that certified or denied certification
to the entity at issue. The complaint must be in writing and filed
within 180 days after:
(1) the date of an alleged discrimination or violation
of the DBE program; or
(2) the date on which a continuing course of conduct
in violation of the DBE program was discovered.
(b) A person may file a complaint with the department
of any DBE program violation. The complaint must be made in writing
and filed within 90 days after:
(1) the date of the alleged discrimination or violation
of the DBE program; or
(2) the date on which a continuing course of conduct
in violation of the DBE program was discovered.
(c) To be filed with the department, a complaint must
be sent to the executive director.
(d) The department will make an initial determination
of whether an investigation is warranted based on the information
provided in the complaint. If a decision is made that the complaint
does not warrant an investigation, the department will notify the
complainant in writing of that decision.
(e) If a complaint that the department has determined
warrants an investigation is against a DBE, contractor, or sub-recipient,
the department will notify that entity of the pending complaint and
provide that entity an opportunity to respond to the allegations.
(f) The department will notify the complainant and
respondent of the outcome of the complaint investigation.
(g) If the department's finding confirms the complaint,
the department may take any action warranted under this subchapter,
the contract, or the TUCP agreement, or may meet with all complainants
and respondents to discuss a conciliation agreement. If the department
holds a conciliation agreement discussion and all parties agree to
a resolution of the complaint, the department will prepare a conciliation
agreement for execution and will monitor compliance with the agreement.
If the parties fail to agree or do not execute the agreement, the
department will decide which corrective action is warranted.
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