Section 70. Eligible minority-owned business

A. In general, a business may be certified as a minority-owned business if:

1. It meets the definition of minority-owned business provided in § 2.2-1604 of the Code of Virginia; and

2. The minority owner is regarded as such by the community of which the person claims to be a part.

B. Being born in a country does not, by itself, define an individual as a minority individual pursuant to § 2.2-1604 of the Code of Virginia. In making the determination whether a person is a minority individual, the department may be required to determine whether the person is regarded as a minority individual by the community of which he claims to be a part. In making this determination, the department may consider whether:

1. The person regularly describes himself, in printed materials and orally, as a member of the community;

2. Whether the person historically has held himself out as a member of the community;

3. Whether the individual is a member of and actively participates in business, educational, charitable, civic, or community organizations, or activities made up of or traditionally identified with or attended by members of the community; and

4. Whether other members of the community describe the person as a fellow member of the community.

C. The department may request such additional information as it may reasonably need to support an individual's claim that he is a minority individual. In determining whether a minority individual is regarded as such by the community, the department shall consider all the facts in the record viewed as a whole.

Historical Notes

Derived from Volume 32, Issue 25, eff. August 8, 2016.

Statutory Authority

§ 2.2-1606 of the Code of Virginia.