§ 28-107. Certification or decertification as an Emerging SLBE.

(a) Eligibility.

A firm is eligible for certification as an Emerging SLBE if it meets the following eligibility criteria:

(1) the firm complies with all of the SLBE criteria set forth in § 28-105 {"Eligibility for SLBE Program"};

(2) the firm has been in existence for less than 5 years;

(3) the firm has no more than 5 full-time employees; and

(4) the firm's annual gross revenues, as averaged over the life of the firm, are less than $1 million.

(b) Application.

In order to apply for certification or recertification as an Emerging SLBE, an enterprise must provide the Office with:

(1) a completed application for certification or recertification in the form reqauired by the Office;

(2) all supporting documentation required by the Office; and

(3) a signed affidavit stating that it meets all of the eligibility criteria set forth in subsection (a) of this section.

(c) Application review.

(1) After receiving an Emerging SLBE certification or recertification application, the Office must review all enclosed forms, affidavits, and documentation to make a prima facie determination as to whether the applicant satisfies the Emerging SLBE eligibility requirements as set forth in this chapter.

(2) If, after the review required by this section, the Office finds that the applying firm satisfies the Emerging SLBE eligibility requirements as set forth in this chapter, the Office must grant the firm certified Emerging SLBE status.

(d) Ineligible applicants.

(1) If an applicant is determined to be ineligible to participate as an Emerging SLBE, the Chief must send the applicant a letter stating the basis for the denial of eligibility.

(2) Applicants determined to be ineligible are not eligible to submit a new application for Emerging SLBE certification for 1 year after the date of the notice of denial of eligibility.

(3) Applicants determined to be ineligible for certification as an Emerging SLBE may still be eligible for certification as an SLBE.