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Annual Review Compliance and Understanding Decertification
Sam Updike, DBE Supportive Services Specialist
Completing the Annual Review Documents for the DBE certification is vital for maintaining a business’s certified status. If the Annual Review Documentation is not submitted to the state entity that certified them in a timely manner, the business is at risk of losing its DBE certification. This extends to interstate DBE certifications, where failure to complete the annual review will begin the decertification process in every state that the business is certified in. This is a serious consequence, so pay close attention to the steps involved, the importance of meeting deadlines, and the potential ramifications of failing to comply.
Submission of annual review documentation is due on the anniversary of your DBE certification. If the Operating Administration, the state entity who certifies, does not receive the documentation by the deadline, they will issue a formal “Notice of Intent” (NOI) to the DBE. The NOI is a written notification that informs the DBE of the reason for proposing decertification and identifies supporting evidence. Within the NOI, the DBE will be notified of its right to respond in writing, at an informal hearing, or both. The DBE will be made aware of the hearing scheduled on a date no fewer than 30 days and no more than 45 days from the date of the NOI. While the business can appeal, it leaves a very short window to do so.
If the DBE business fails to respond to the NOI, and a hearing is held, they will lose their DBE certification. The DBE decertification process has the force of being effective in all 50 states, meaning the DBE must immediately be removed from all DBE Directories in each state that they are certified in. If a business no longer wants to participate in a specific state’s DBE program, they should send a letter of withdrawal to that state’s Operating Administration. This will allow them to avoid the NOI and ensure they are only decertified in that specific state.
When a decertification takes place, it is recorded in a national database. Formal DBE certified businesses must wait one full year to reapply, requiring information on their previous decertification.
If you would like more information regarding the Annual Review Documents, or the Decertification process, contact the DBE Supportive Services Specialist or check out the MaineDOT Civil Rights page.
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