[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR265.14-1]

[Page 707]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 265--NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD PROGRAMS--Table of Contents
 
                         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 business is an MBE within the meaning of this part.

[44 FR 36339, June 21, 1979]