SECTION 9.218. Review by Operating Administration (OA)  


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  • (a) Prior approval of the department's overall DBE goal by the OA is not required.

    (b) The OA may adjust the overall goal or require that the department adjust the overall goal if the OA determines that:

    (1) the overall goal has not been calculated correctly; or

    (2) the department's method for calculating the goals is inadequate.

    (c) If the overall goal is adjusted under subsection (b) of this section, the adjusted overall goal is binding.

    (d) The projection of the part of the overall goal that the department expects to meet through race-neutral means submitted under §9.217(b)(3) of this subchapter (relating to Submission of Overall Goal) is subject to approval by the appropriate OA.

    (e) The goal becomes effective October 1 of the year in which it begins to apply unless otherwise provided by DOT.

Source Note: The provisions of this §9.218 adopted to be effective September 1, 2012, 37 TexReg 5320