| (a) Size Standards. A HUB shall graduate from being
eligible for HUB certification when it has maintained gross receipts
or total employment levels during four consecutive years which, including
all affiliates, exceed the U.S. Small Business Administration size
standards set forth in 13 CFR Part 121.
(b) Graduation. Businesses that achieve the size standards
identified in subsection (a) of this section have reached a competitive
status in overcoming the effects of discrimination. The comptroller
shall review, as part of the certification or recertification process,
the financial revenue or relevant data of a business to determine
whether the size standards identified in subsection (a) of this section
have been achieved. When the comptroller determines that the business
exceeds the applicable size standard, the comptroller shall inform
the business that it has graduated and is no longer certified as a
HUB, and shall remove the business from the HUB directory.
(c) Effects of Graduation.
(1) Businesses that have graduated from the HUB program
may not be included in meeting statewide or state agency HUB utilization
goals after the end of last reporting period in which they held certification
for at least one day.
(2) A business that has graduated or does not qualify
as a HUB under this title, shall be eligible to reapply for HUB certification
only after demonstrating that it meets the qualifications for HUB,
including the size standards.
(3) A business is considered a successor in interest
if it has acquired substantially all of the assets and liabilities
of another business. The application of the successor in interest
to a HUB that has graduated will be treated as a reapplication of
the HUB. The successor in interest applicant must show that it meets
the size standards before it is considered eligible to apply.
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