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Mr. Victorio Aranda, Assignee -3- DEC 13 201 <br /> Claim No. 018916 <br /> Government Code Section 14837(d) defines "small business," in relevant part, as: <br /> (d)(1) "Small business" means an independently owned and operated business <br /> that is not dominant in its field of operation. . . . and that, together with affiliates, <br /> has 100 or fewer employees, and average annual gross receipts of ten million <br /> dollars ($10,000,000) or less over the previous three years, or is a manufacturer, <br /> as defined in subdivision (c), with 100 or fewer employees. <br /> The Small Business Regulations implement Government Code Section 14837(d) by <br /> establishing current small business standards. Section 1896.12(a), of the Small <br /> Business Regulations describes, in relevant part, the current qualifying criteria for small <br /> business certification as follows: <br /> (a) To be eligible for certification as a small business, a business must meet all of <br /> the following qualifying criteria: <br /> (1) It is independently owned and operated; and <br /> (2) . . . [business location requirement not relevant for Fund purposes] <br /> (3) . . . [business owners' domicile requirement not relevant for Fund purposes] <br /> (4) It is not dominant in its field of operation(s), and <br /> (5) It is either: <br /> (A) A business that, together with all affiliates, has 100 or fewer <br /> employees, and annual gross receipts of twelve million dollars <br /> ($12,000,000) or less as averaged for the previous three tax years, as <br /> adjusted by the Department pursuant to Government Code Section <br /> 14837(d)(3); or <br /> (B) A manufacturer as defined herein that, together with all affiliates, has <br /> 100 or fewer employees... <br /> Background <br /> The original claim application, which was received on April 6, 2007, indicated that you <br /> submitted this claim application as the Assignee, and The Richard Oakden Trust <br /> (Oakden) was the Assignor. The eligibility of this claim was based on Oakden, who was <br /> the UST owner and operator at time of discovery of the release. At the time of <br /> application submittal, you indicated that you were a Priority Class "C" and that Oakden <br /> was also Priority Class "C". Since the eligibility for this claim was based on Oakden, the <br /> priority,classification is also based on Oakden as the eligible claimant. <br /> The Fund received a request for an FMD on December 15, 2008, to change this claim <br /> to Priority Class "B", along with supporting documentation to confirm that you as an <br /> California Environmental Protection Agency <br />