(a) A DBE certification complaint may be filed directly with the U.S. Department of Transportation or with the department if the department is the TUCP member that certified or denied certification to the entity at issue. The complaint must be in writing and filed within 180 days after:
  (1) the date of an alleged discrimination or violation of the DBE program; or
  (2) the date on which a continuing course of conduct in violation of the DBE program was discovered.
(b) A person may file a complaint with the department of any DBE program violation. The complaint must be made in writing and filed within 90 days after:
  (1) the date of the alleged discrimination or violation of the DBE program; or
  (2) the date on which a continuing course of conduct in violation of the DBE program was discovered.
(c) To be filed with the department, a complaint must be sent to the executive director.
(d) The department will make an initial determination of whether an investigation is warranted based on the information provided in the complaint. If a decision is made that the complaint does not warrant an investigation, the department will notify the complainant in writing of that decision.
(e) If a complaint that the department has determined warrants an investigation is against a DBE, contractor, or sub-recipient, the department will notify that entity of the pending complaint and provide that entity an opportunity to respond to the allegations.
(f) The department will notify the complainant and respondent of the outcome of the complaint investigation.
(g) If the department's finding confirms the complaint, the department may take any action warranted under this subchapter, the contract, or the TUCP agreement, or may meet with all complainants and respondents to discuss a conciliation agreement. If the department holds a conciliation agreement discussion and all parties agree to a resolution of the complaint, the department will prepare a conciliation agreement for execution and will monitor compliance with the agreement. If the parties fail to agree or do not execute the agreement, the department will decide which corrective action is warranted.

Source Note: The provisions of this §9.242 adopted to be effective September 1, 2012, 37 TexReg 5320