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'I*A OF CALIFORNIA-CALIFORNIA ENVIRONMEN—''..PROTECT10N AGENCY r`r PETE WILSON,Governor <br /> S WATER RESOURCES CONBOARD <br /> ;IVISION OF CLEAN WATER PROGRAMS <br /> 2014 T STREET,SUITE 130 R'KC I-Emm I V E &E.), <br /> P.O.Box 944212 S E P 04 1992 <br /> SACRAMENTO,CA 94244-2120 ' ENVIRONMENTAL HEALTH <br /> (916) 739-4332 IT/1QF-R►l10,9i-; <br /> (916) 739-2300 FAX <br /> AUG 4 1992 � <br /> i <br /> Melvin Marlowe <br /> Marlowe Properties i <br /> P.O. Box 150211 <br /> San Rafael, CA. ' 94915-0221 <br /> Dear Mr. Marlowe: <br /> R <br /> FINAL DIVISION DECISION, CLAIM NO. 43, MARLOWE PROPERTIES <br /> I have carefully reviewed your July 22, 13992 request for a final <br /> Division decision regarding the subject claim. In that request, <br /> you raised two issues. I will address each one separately. <br /> 3f <br /> The first issue involves your contention that we broadened our <br /> review interpretation in calculating "annual receipts". Our review <br /> } of these applications is governed by rlegul,ations and policies <br /> established by the Office Of Small & Minority Business (OSMB) , <br /> Department of General Services. <br /> ir <br /> Health & Safety Code Section 25299.52 (b) (j2) mandates that we <br /> utilize the requirements of subdivision (a) of Section 15399. 12 of <br /> the Government Code in determining whether owners and operators <br /> qualify as small businesses. Furthermore; Section 15399.12 states <br /> f that a small business will be defined in subdivision (c) of Section <br /> 14837 of the Government Code. This Section lin part states that <br /> . . . "in addition to the foregoing criteria,l the Department of <br /> General Services shall use dollar volume as, a criterion" . . in <br /> making the determination whether an applicant is a small business. <br /> In the development of our regulations regarding this issue, we met <br /> on numerous occasions with OSMB. Furthermore, when we began our <br /> review of these claims to determine whether a claimant qualified as <br /> a small business, we performed a duplicate review with OSMB to <br /> insure that we were thoroughly familiar,,' with current rules and <br /> policies. In fact, we let OSMB review your claim after we recieved <br /> your appeal. They concluded that our determination was correct and <br /> that your revenues exceeded the dollar criteria for your particular <br /> business category. <br /> The second issue you raised involves the dollar amount and business <br /> category into which you were placed. Ash in ,the other issue, we <br /> utilized the criteria adopted by OSMB. OSMB has stated that they <br /> do not create new business type categories. Any applicant seeking , <br /> OSMB approval must use the category that ''besi' fits their type of <br />