Certification standards regarding qualifying membership determination

Authority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC 4-13.6-3-1 Affected: IC 4-13-1; IC 4-13.6; IC 5-22 Sec. 3. (a) In determining whether an individual asserting that he or she is a member of a minority group (for MBE certification) or a woman (for WBE certification), the department shall consider all the facts in the record, viewed as a whole. (b) The department will rebuttably presume that a citizen of the United States who is a women or a member of a minority group is a qualifying member. (c) Being born in a country does not, by itself, suffice to make an individual a member of a minority group. (d) In a [sic.] making its determination regarding qualifying membership, the department may consider whether the person has historically held himself or herself out to be a qualifying member and whether the person is regarded as a qualifying member by the relevant community. (e) The department may request such additional documentation as it may reasonably need to support an individual's claim that he or she is a member of a minority group or a woman. (Indiana Department of Administration; 25 IAC 5-3-3; filed May 30, 2003, 11:00 a.m.: 26 IR 3298; readopted filed Oct 6, 2009, 9:04 a.m.: 20091104-IR-025090572RFA; readopted filed Dec 2, 2015, 2:41 p.m.: 20151230-IR-025150342RFA; readopted filed Oct 19, 2021, 9:13 a.m.: 20211117-IR-025210389RFA; readopted filed Oct 25, 2024, 12:07 p.m.: 20241120-IR-025240218RFA)