H-4261              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1555

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By House Committee on State Government (originally sponsored by Representatives Belcher, Niemi, Leonard, Allen, Haugen, Locke, Cole, Sayan, Unsoeld, Brough and Wang)

Read first time 1/27/86 and referred to Committee on Rules.

AN ACT Relating to certification programs for minority and women's business enterprises; and adding a new section to chapter 39.19 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 39.19 RCW to read as follows:

          (1) The purpose of this section is to prevent duplication of effort and achieve efficiency in certification of minority and women's business enterprises throughout the state.

          (2) The office shall identify certification programs that are similar in purpose to the certification program of the office and operated by any state agency, public corporation created by the state, city, county, town, special purpose district, municipal corporation, or quasi-municipal corporation.

          (3) Any business having a current certification under this chapter as a minority and women's business enterprise shall be deemed as currently certified under certification programs under subsection (2) of this section.

          (4) Any city, county, town, special purpose district, municipal corporation, or quasi-municipal corporation having reason to believe that a particular minority and women's business enterprise should not have been certified under subsection (3) of this section may petition the office for reconsideration.  A petitioner shall rely on grounds that:  (a) The office's rules or regulations were improperly applied; or (b) material facts of the minority and women's business enterprise's certification application to the office are untrue.  The petitioner shall carry the burden of persuasion.  The affected minority and women's business enterprise shall receive written notice of a petition and an opportunity to respond.  The office shall issue a written decision.  If the office grants a petition it shall revoke, suspend, or refuse to renew the certification for the purposes of the petitioner's public contracts and may reconsider the certification under this chapter.  The office's decision on a petition is administratively final.  No cause of action is created against a petitioner for actions taken under this subsection in good faith.  A certification under subsection (3) of this section remains in effect while a petition is pending until the office revokes, suspends, or fails to renew.