Section 90. General provisions

A. In determining ownership and control, the department will consider all the facts in the record, viewed as a whole, as they appear at the time of the application.

B. An eligible applicant will not be refused certification based solely on historical information indicating a lack of 51% ownership or control of the applicant by individuals in the case of a small business or by a woman or women or by a minority individual or individuals at some time in the past if the applicant meets the ownership and control standards at the time of application. A business will not be certified, however, if it appears from the record that the business was organized or its ownership structure or control changed for the purpose of qualifying for certification as a small, women-owned, or minority-owned business.

C. An eligible applicant will not be refused certification solely on the basis that it is a newly formed business.

Historical Notes

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

Statutory Authority

§ 2.2-1606 of the Code of Virginia.