Filing an Appeal

When a certifier denies a firm's request for certification or decertifies the firm, the certifier must provide the firm a notice of decision “NOD” explaining the reasons for the adverse decision, specifically referencing the evidence in the record that supports each reason. 

The Departmental Office of Civil Rights is responsible for processing all appeals of denial of DBE or ACDBE certification or removal of certification by a DOT recipient. The office follows the procedures specified in 49 CFR Section 26.89 to render its decision. This includes reviewing the information submitted by the recipient to determine whether the recipient properly applied the eligibility standards to the firm in accordance with 49 CFR Part 26.  

All decisions by the Department are administratively final.  If the Department upholds the recipient's denial or removal of DBE certification and the firm still wishes to participate in the DBE program, the firm must reapply to the recipient within specified timeframes. 

How to appeal a decision by a DBE/ACDBE certifier: 

Certifiers must include the following in their Notice of Decision:  

If you want to file an appeal, you must email the Department at DBEAppeals@dot.gov within 45 days of the date of this decision, including a narrative that explains fully and specifically why you believe the decision is in error, what outcome-determinative facts the certifier did not consider, and/or what part 26 provisions the certifier misapplied. Include the certifier's name, date of the certifier’s decision, and your contact information.  

If you do not have access to email, you may send a letter to:  

U.S. Department of Transportation  
Departmental Office of Civil Rights  
Disadvantaged Business Enterprise Programs Division  
1200 New Jersey Avenue SE  
Washington, DC 20590