1956                                        LAWS OF MARYLAND                                    Ch. 541

(3)  The rules and regulations shall include, but not
be limited to, a provision that recognizes:

(I)  [the] THE certification of minority
business enterprises by the Department of Transportation

minority business enterprise program; AND

(II)  ANY OTHER CERTIFICATION PROGRAM OF THE

STATE OR A COUNTY THAT IN THE JUDGMENT OF THE WSSC SUBSTANTIALLY
DUPLICATES THE REQUIREMENTS OF THE DEPARTMENT OF TRANSPORTATION.

(4) BEFORE ACCEPTING ANY OTHER A CERTIFICATION
PROGRAM OF THE STATE OR A COUNTY, WSSC SHALL EXAMINE THE PROGRAM
TO ENSURE THAT IT ADHERES TO THE FOLLOWING GUIDELINES:

(I) BONA FIDE MINORITY GROUP MEMBERSHIP SHALL
BE ESTABLISHED ON THE BASIS OF THE INDIVIDUAL'S CLAIM THAT THE
INDIVIDUAL IS A MEMBER OF A MINORITY GROUP AND IS SO REGARDED BY
THAT PARTICULAR MINORITY COMMUNITY. HOWEVER, THE CERTIFYING
AGENCY IS NOT REQUIRED TO ACCEPT THIS CLAIM IF IT DETERMINES THAT
THE CLAIM IS INVALID.

(II) AN ELIGIBLE MINORITY BUSINESS ENTERPRISE
SHALL BE AN INDEPENDENT BUSINESS. THE OWNERSHIP AND CONTROL BY
MINORITIES SHALL BE REAL, SUBSTANTIAL, AND CONTINUING AND SHALL
GO BEYOND THE PRO FORMA OWNERSHIP OF THE BUSINESS AS REFLECTED IN
ITS OWNERSHIP DOCUMENTS. THE MINORITY OWNERS SHALL ENJOY THE
CUSTOMARY INCIDENTS OF OWNERSHIP AND SHALL SHARE IN THE RISKS AND
PROFITS COMMENSURATE WITH THEIR OWNERSHIP INTERESTS AS
DEMONSTRATED BY AN EXAMINATION OF THE SUBSTANCE RATHER THAN FORM
OF ARRANGEMENTS. RECOGNITION OF THE BUSINESS AS A SEPARATE
ENTITY FOR TAX OR CORPORATE PURPOSES IS NOT NECESSARILY
SUFFICIENT FOR RECOGNITION AS A MINORITY BUSINESS ENTERPRISE. IN
DETERMINING WHETHER A POTENTIAL MINORITY BUSINESS ENTERPRISE IS
AN INDEPENDENT BUSINESS, THE CERTIFYING AGENCY SHALL CONSIDER ALL
RELEVANT FACTORS, INCLUDING THE DATE THE BUSINESS WAS
ESTABLISHED, THE ADEQUACY OF ITS RESOURCES FOR THE WORK OF THE
CONTRACT, AND THE DEGREE TO WHICH FINANCIAL, EQUIPMENT LEASING,
AND OTHER RELATIONSHIPS WITH NONMINORITY BUSINESSES VARY FROM
INDUSTRY PRACTICE.

(III) THE MINORITY OWNERS SHALL ALSO POSSESS
THE POWER TO DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND
POLICIES OF THE BUSINESS AND TO MAKE THE DAY-TO-DAY AS WELL AS
MAJOR DECISIONS ON MATTERS OF MANAGEMENT, POLICY, AND OPERATIONS.
THE BUSINESS MAY NOT BE SUBJECT TO ANY FORMAL OR INFORMAL
RESTRICTIONS, THROUGH BYLAW PROVISIONS, PARTNERSHIP AGREEMENTS,
OR CHARTER REQUIREMENTS FOR CUMULATIVE VOTING RIGHTS OR OTHERWISE
THAT PREVENT THE MINORITY OWNERS, WITHOUT THE COOPERATION OR VOTE
OF ANY OWNER WHO IS NOT A MINORITY, FROM MAKING A BUSINESS
DECISION OF THE BUSINESS.

(IV) IF THE OWNERS OF THE BUSINESS WHO ARE NOT
MINORITIES ARE DISPROPORTIONATELY RESPONSIBLE FOR THE OPERATION
OF THE FIRM, THE FIRM IS NOT CONTROLLED BY MINORITIES AND MAY NOT