Section 326-20-081. Intertwinement.

To be eligible for certification, a business must be independent. Intertwinement with a noncertified business may be grounds for denial or decertification of a business. The office will determine whether a business is intertwined with a noncertified business by looking for factors which include, but are not limited to, the following:

(1) Shared ownership;

(2) Common directors or partners;

(3) Shared equipment, facilities, resources, or employees;

(4) Beneficial financial arrangements which indicate less than arms length transactions with a noncertified business;

(5) Overdependency on a noncertified business to obtain and perform work;

(6) Such an identity of interest exists between the business seeking certification and a noncertified business that an affiliation may be presumed; and

(7) The degree to which financial, equipment, leasing, business and other relationships with noncertified businesses vary from normal industry practice.

[Statutory Authority: RCW 39.19.030(7). WSR 92-11-007, § 326-20-081, filed 5/11/92, effective 6/11/92; WSR 89-24-047, § 326-20-081, filed 12/1/89, effective 1/1/90.]

RCW 39.19.030(7). WSR 92-11-007, § 326-20-081, filed 5/11/92, effective 6/11/92; WSR 89-24-047, § 326-20-081, filed 12/1/89, effective 1/1/90.