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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 20STATEWIDE PROCUREMENT AND SUPPORT SERVICES
SUBCHAPTER DSOCIO-ECONOMIC PROGRAM
DIVISION 1HISTORICALLY UNDERUTILIZED BUSINESSES
RULE §20.292Certification and Compliance Reviews

(a) The comptroller will conduct certification reviews of applicants and random compliance reviews of certified businesses by auditing them to verify the information submitted by a business is accurate, and the business continues to meet all HUB eligibility requirements after certification has been granted. Certification is subject to revocation if it is determined that a business does not qualify as an HUB. Certification and compliance reviews of any business may be conducted upon determining a review is warranted.

(b) Businesses subject to certification and compliance reviews must provide the comptroller with any information requested to verify the certification eligibility of the business.

(c) The applicant's business documentation shall be reviewed to substantiate the required level of participation and control, and must demonstrate responsibility in the critical areas of the business' operation. Eligible owners must be able to make independent and unilateral business decisions which guide the future and destiny of the business, and must be proportionately responsible for the direction and management of the business. The eligible owner's level of participation in the business will be evaluated as set forth in §20.283 of the title (relating to Evaluation of Active Participation in the Control, Operation, and Management of Entities). Absentee or titular ownership by eligible owners who do not take an active role in controlling and participating in the business is not consistent with the definition of a HUB.

(d) The business must meet all other certification and compliance requirements identified in the comptroller's HUB Policies and Procedures used to determined eligibility.


Source Note: The provisions of this §20.292 adopted to be effective January 24, 2017, 42 TexReg 235

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