O.C.G.A. § 50-5-132 (2019)
[Effective January 1, 2024. See note.] Eligibility and procedures for certification; appeal of denial
(a) Any minority business enterprise, women owned business, or veteran owned business that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification to the Department of Administrative Services.
(b) The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part and any other such eligibility requirements as determined by the Department of Administrative Services to qualify as a minority business enterprise, women owned business, or veteran owned business. To qualify as a minority business enterprise, women owned business, or veteran owned business, the business shall:
(1) Be a minority business enterprise, women owned business, or veteran owned business;
(2) Submit any documentary evidence to support its status as a minority business enterprise, women owned business, or veteran owned business; and
(3) Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies.
(c) The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises, women owned businesses, and veteran owned businesses.
(d) The Department of Administrative Services may deny certification to any minority business enterprise, women owned business, or veteran owned business 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, women owned business, or veteran owned business may appeal as provided in the regulations of the Department of Administrative Services.
History
Code 1981, § 50-5-132, enacted by Ga. L. 1991, p. 1380, § 3; Ga. L. 2023, p. 43, § 4/HB 128, effective January 1, 2024. Delayed effective date. Code Section 50-5-132 is set out twice in this Code. This version is effective January 1, 2024. For version effective until January 1, 2024, see the preceding version. The 2023 amendment, effective January 1, 2024, rewrote this Code section, which read: “(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.”