Third party challenge to certification; renewal of certification; or presumption of social disadvantage of minority individual or woman.
Denver Revised Municipal Code § 28-56
in effectSec. 28-56. - Third party challenge to certification; renewal of certification; or presumption of social disadvantage of minority individual or woman.
Subject to the provisions in this section, a third party may challenge the eligibility of an applicant business enterprise for certification, the eligibility of an MWBE for renewal of certification, or the rebuttable presumption of social disadvantage of a minority individual or woman as provided in section 28-35(37)(a) and (49), respectively. The burden of demonstrating to the director's satisfaction the lack of such eligibility or the rebuttal of such presumption rests with such third party and shall be demonstrated by a preponderance of the evidence.
(a) The eligibility of a challenged applicant business enterprise or MWBE for certification or renewal of certification, or the presumption that a minority individual or woman is socially disadvantaged, shall remain in effect unless and until the city renders a final decision otherwise.
(b) The challenge to such certification, renewal of certification or presumption shall be made in writing to the director by the challenging third party and shall include all information relied upon by such party.
(c) The director shall notify the challenged applicant business enterprise or MWBE or minority individual or woman, in writing, of the challenge and summarize the grounds for the challenge. The notice may also require the challenged applicant business enterprise, MWBE or minority individual or woman to provide the director, within a reasonable time, any information requested to permit the director to evaluate the eligibility of the applicant business enterprise or MWBE or the validity of the presumption of social disadvantage with respect to a minority individual or woman.
(d) Subject to the limitation in section 28-69(e), a third party putting forth a challenge under this section, and an applicant business enterprise, MWBE or minority individual or woman that is the subject of such challenge, may seek review from a decision of the director pursuant to section 28-69.
(Ord. No. 286-20, § 2, 4-13-20)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH28HURI_ARTIIINOCOCOREREPRDECOSE_DIV3NOCOCOREREPRDECOSE_SDIMWPRCOCOREREPRDECOSE_S28-56THPACHCERECEPRSODIMIINWOFetched: 10/27/2026