Section 326-20-048 - Presumption of disadvantage(1) Social disadvantage. The agency rebuttably presumes the following persons are socially disad-vantaged individuals for the purposes of certification, consistent with 49 C.F.R. Part 26.67 : Women; persons who are black/African American, Hispanic/Latino, Native American, Asian, Pacific Islander, native Hawaiian, and Alaska native; and other minorities found disadvantaged by the small business association.(2) Each presumptively socially disadvantaged applicant must submit a signed declaration that she or he is socially and economically dis-advantaged.(3)(a) Economic disadvantage. Each owner of a firm applying for state certification must sign a declaration that he or she has a personal net worth that does not exceed 1.32 million dollars, per WAC 326-20-049.(b) Rebuttal of economic disadvantage. If the statement of personal net worth that an individual submits under this section shows that the individual's personal net worth exceeds 1.32 million dollars or shows that a person has been able to accumulate substantial wealth, the individual's economic disadvantage is rebutted, and the individual is not deemed to be economically disadvantaged. Such an individual is no longer eligible to participate in the program and cannot regain eligibility by making an individual showing of disadvantage. The office is not required to have a proceeding under this section in order to rebut the presumption of economic disadvantage in this case.(4) Individual determinations of social and economic disadvantage. Firms owned and controlled by individuals who are not presumed to be socially and economically disadvantaged may apply for SEDBE certification. The office makes a case-by-case determination of whether each individual whose ownership and control are relied upon for SEDBE certification is socially and economically disadvan-taged. In such a proceeding, the applicant firm has the burden of demonstrating to the office, by a preponderance of the evidence, that the individuals who own and control it are socially and economically disadvantaged. An individual whose personal net worth exceeds 1.32 million dollars shall not be deemed to be economically disadvantaged. In making these determinations, the office uses WAC 326-20-046 and 326-20-047. The office requires that applicants provide sufficient information to permit determinations under WAC 326-20-046 and 326-20-047.Wash. Admin. Code § 326-20-048
Amended by WSR 17-13-020, Filed 6/12/2017, effective 8/1/2017Amended by WSR 19-13-014, Filed 6/7/2019, effective 7/8/2019Statutory Authority: RCW 39.19.030 and 39.19.120. 04-08-093, § 326-20-048, filed 4/6/04, effective 5/7/04.