Section 50-5-132. Eligibility and procedures for certification; appeal of denial

   (a) Any minority business enterprise that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification, in addition to any other certification required by the provisions of 49 C.F.R. 23, to the Department of Administrative Services.

(b) The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall:

   (1) Be a minority business enterprise;

   (2) Submit any documentary evidence to support its status as a minority business enterprise;

   (3) Sign an affidavit stating that it is a minority business enterprise;

   (4) Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies; and

   (5) Present:

      (A) An application, including the entire business history of the operation;

      (B) Birth certificates for all minority principals;

      (C) If Native American, a tribal registration card or certificate;

      (D) Current resumes on all principals, key managers, and other key personnel;

      (E) A current financial statement;

      (F) Proof of investment by principals;

      (G) Loan agreements;

      (H) Lease or rental agreement for space and equipment;

      (I) Evidence of latest bond;

      (J) If the applicant is a sole proprietor, a copy of a blank signature card;

      (K) If the applicant is a partnership, a copy of the partnership agreement; and

      (L) If the applicant is a corporation, articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest United States corporate tax return.

(c) The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises.

(d) The Department of Administrative Services may deny certification to any minority business enterprise which does not qualify as such under the provisions of this part. Any person adversely affected by an order of the Department of Administrative Services denying certification as a minority business enterprise may appeal as provided in the regulations of the Department of Administrative Services.

Code 1981, § 50-5-132, enacted by Ga. L. 1991, p. 1380, § 3.