SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

r -aux Page 5. stated that they do not create new business type categories" and that they must define a small business '�in strict accordance wit subdivision ( c ) of Section :14837 of the California Government Code which they then ��proceed to misquote out of context (see below) . The reality is that the Fund did alter business category "service ix. i" from OSMB usage and therefore demonstrated that the 6SMB and the Fund, in conformance with their regulations , �are �fully aware that they do have ( see below) the authority i;to Codify,_business type categories as circ stances regu,ire. We believe that our case is an eligible circumstance for such modification. i Hereinbelow we accurately quote Subdivision ( c) of California i Government Code Section 14837 initially cited by the Division l as their unalterable guide. in these matters. Subdivision (c) : "Small business"means a business, in which the principal off ice is located in California, and the officer`s of such business are domiciled in California, which is independently owned and operated, and which is not dominant in its field of 'p operation. �) In addition to the foregoing criteriai�the director, in making a detailed definition, shall use dollar volume of business as a criterion. The maximum dollar volume which aismail business may have under the definition shall vary from industry to industry to the extent necessary to reflect differing characteristics1lof skuch industries . In addition, when the character of any given industry so requires , the director may consider financial , employee, andlcontractor arrangements of any applicant seeking' classification under the definition. !The director shall exercise his or her best- judgment. . . . . . til This addresses the definition of a small business which is the crux of our appeal . The Code cited above clearly supports our assertion that in defining small businesses which do not clearly fall within the estabiished categories that they can and must be handled individually by the Fund in accordance with their "differing charactersitics" . l;