(1) Subject to subsection (2) of this section, to participate in the emerging small business program under ORS § 200.160 to 200.200, an applicant must:

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(a) Be certified by the Oregon Business Development Department under ORS § 200.005 to 200.075 as an emerging small business;

(b) Show that the applicant’s place of business and the work in which the applicant seeks to participate are located in this state; and

(c) Show that the applicant is in compliance with applicable licensing and registration requirements.

(2) The Department of Transportation may limit eligibility for participation on a specific project or contract to emerging small businesses that are located in or draw a part of their workforce from economically distressed areas or enterprise zones in this state, as designated by the Oregon Business Development Department in consultation with the Employment Department.

(3) An applicant who participates under ORS § 200.160 to 200.200 must perform at least 51 percent of the labor provided by the applicant on a public improvement or maintenance project using the applicant’s own workforce. [1991 c.517 3,6; 2005 c.103 § 1; 2005 c.683 § 9; 2009 c.830 § 142]