(A) Application for Certification. A business seeking certification as a certified business or registration for a particular category of business shall submit a completed application to the TERO Office on a form provided by the TERO Office.
(B) Issuance of Certification. The TERO Director shall exercise broad discretion in reviewing the application and supporting documents in order to preserve the integrity of the Tribal preference program. If the TERO Director has any question as to the applicant’s fulfillment of one (1) of the requirements, the TERO Director may deny the application and refuse to submit the application to the TERO Commission for final approval.
(C) Appeal of Denial of Application. The applicant may request a hearing before the TERO Commission to appeal a denial of an application. The principal(s) of the business shall be present at the hearing and shall have the opportunity to present evidence in support of their case. The decision of the TERO Commission shall be final and binding and not subject to any further appeal.
(D) Businesses Certified Prior to the Adoption of These Criteria.
(1) Each business granted Tribal preference certification by the Tribe prior to the effective date of this Act shall submit a new application to the TERO Office within ninety (90) days to be recertified. If the TERO Director denies recertification, the business may appeal the decision to the TERO Commission.
(2) Change in Status and Annual Updates. Each certified business shall be in compliance with all certification requirements at all times during the solicitation, evaluation, and awarding of contracts and shall report in writing to the TERO Office any changes in its responses to the certification application and/or supporting documents within sixty (60) days after such changes have occurred. Each certified business shall update the information provided in its initial application paperwork on an annual basis.