49 C.F.R. § 26.61
Burden of proof
(a) In determining whether to certify a firm, the certifier must apply the standards of this subpart. Unless the context indicates otherwise, singular terms include their plural forms and vice versa.
(b) The firm has the burden of demonstrating, by a preponderance of the evidence, i.e., more likely than not, that it satisfies all of the requirements in this subpart. In determining whether the firm has met its burden, the certifier must consider all the information in the record, viewed as a whole. In a decertification proceeding the certifier bears the burden of proving, by a preponderance of the evidence, that the firm is no longer eligible for certification under the rules of this part.
Notes of Decisions
Cited in 5
cases, 2000–2017 · leading case: Grove, Inc. v. United States Dep't of Transp., 578 F. Supp. 2d 37 (D.D.C. 2008).
Grove, Inc. v. United States Dep't of Transp., 578 F. Supp. 2d 37 (D.D.C. 2008). “49 C.F.R. § 26.61 (b). 3. Real and Substantial Contribution A firm seeking certification must demonstrate, among other things, that [t]he contributions of capital or expertise by the socially and economically disadvantaged owners to acquire their ownership interests must be real…”
Adarand Constructors, Inc. v. Slater, 228 F.3d 1147 (10th Cir. 2000). “Compare 49 C.F.R. §§ 26.61 (d), 26.67(d) (2000) and 13 C.”
Best Wood Judge Firewood & Tree Serv. v. United States Dep't of Transp., 784 F. Supp. 2d 1059 (E.D. Wis. 2011). “49 C.F.R. §§ 26.61 (a), 26.5. 7 Such certification provides firms with some advantages, in that the USDOT seeks to have not less than ten percent of authorized funds go to DBEs, and recipients of funds are to set an overall goal for DBE participation in USDOT-assisted contracts.”
Tiare Enter., Inc. v. United States Dep't of Transp., 246 F. Supp. 3d 437 (D.D.C. 2017). “49 C.F.R. § 26.61 (b). However, citizens who are women or members of specified ethnic minority groups are presumed to be socially and economically disadvantaged.”
Shearin Constr., Inc. v. Mineta, 232 F. Supp. 2d 608 (E.D. Va. 2002). “” 49 C.F. R. § 26.61(b). In this case, there is no dispute over Plaintiff Tharpe’s status as a “socially and economically disadvantaged individual” because of her female gender.”
— 49 C.F.R. § 26.61(b) — 1 case
Shearin Constr., Inc. v. Mineta, 232 F. Supp. 2d 608 (E.D. Va. 2002). “” 49 C.F. R. § 26.61(b). In this case, there is no dispute over Plaintiff Tharpe’s status as a “socially and economically disadvantaged individual” because of her female gender.”
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