---
kind: "range"
citation: "49 C.F.R. §§ 26.105–26.109"
title: "49"
from: "26.105"
to: "26.109"
count: 3
url: "https://uscodex.org/cfr/49/26.105..26.109"
---

# §26.105. What enforcement actions apply in FAA programs?

- (a) Compliance with all requirements of this part by airport sponsors and other recipients of FAA financial assistance is enforced through the procedures of [Title 49](/cfr/49.md) of the United States Code, including 49 U.S.C. [47106(d)](/usc/49/47106.md?p=d), [47111(d)](/usc/49/47111.md?p=d), and [47122](/usc/49/47122.md), and regulations implementing them.
- (b) The provisions of [§ 26.103(b)](/cfr/49/26.103.md?p=b) and this section apply to enforcement actions in FAA programs.
- (c) Any person who knows of a violation of this part by a recipient of FAA funds may file a complaint under [14 CFR part 16](/cfr/14/part16.md) with the Federal Aviation Administration Office of Chief Counsel.

# §26.107. What enforcement actions apply to firms participating in the DBE program?

- (a) If you are a firm that does not meet the eligibility criteria of [subpart D](/cfr/49/subpartD.md) of this part and that attempts to participate in a DOT-assisted program as a DBE on the basis of false, fraudulent, or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty, the Department may initiate suspension or debarment proceedings against you under 2 CFR parts [180](/cfr/2/part180.md) and [1200](/cfr/2/part1200.md).
- (b) If you are a firm that, in order to meet DBE contract goals or other DBE program requirements, uses or attempts to use, on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty, another firm that does not meet the eligibility criteria of [subpart D](/cfr/49/subpartD.md) of this part, the Department may initiate suspension or debarment proceedings against you under 2 CFR parts [180](/cfr/2/part180.md) and [1200](/cfr/2/part1200.md).
- (c) In a suspension or debarment proceeding brought under paragraph [(a)](#a) or [(b)](#b) of this section, the concerned operating administration may consider the fact that a purported DBE has been certified by a recipient. Such certification does not preclude the Department from determining that the purported DBE, or another firm that has used or attempted to use it to meet DBE goals, should be suspended or debarred.
- (d) The Department may take enforcement action under [49 CFR Part 31](/cfr/49/part31.md), Program Fraud and Civil Remedies, against any participant in the DBE program whose conduct is subject to such action under [49 CFR part 31](/cfr/49/part31.md).
- (e) The Department may refer to the Department of Justice, for prosecution under [18 U.S.C. 1001](/usc/18/1001.md) or other applicable provisions of law, any person who makes a false or fraudulent statement in connection with participation of a DBE in any DOT-assisted program or otherwise violates applicable Federal statutes.

# §26.109. What are the rules governing information, confidentiality, cooperation, and intimidation or retaliation?

- (a) **Availability of records.**
  - (1) In responding to requests for information concerning any aspect of the DBE program, the Department complies with provisions of the Federal Freedom of Information and Privacy Acts (5 U.S.C. [552](/usc/5/552.md) and [552a](/usc/5/552a.md)). The Department may make available to the public any information concerning the DBE program release of which is not prohibited by Federal law.
  - (2) Notwithstanding any provision of Federal or state law, you must not release any information that may reasonably be construed as confidential business information to any third party without the written consent of the firm that submitted the information. This includes applications for DBE certification and supporting information. However, you must transmit this information to DOT in any certification appeal proceeding under [§ 26.89](/cfr/49/26.89.md) of this part or to any other state to which the individual's firm has applied for certification under [§ 26.85](/cfr/49/26.85.md) of this part.
- (b) **Confidentiality of information on complainants.** Notwithstanding the provisions of [paragraph (a)](#a) of this section, the identity of complainants shall be kept confidential, at their election. If such confidentiality will hinder the investigation, proceeding or hearing, or result in a denial of appropriate administrative due process to other parties, the complainant must be advised for the purpose of waiving the privilege. Complainants are advised that, in some circumstances, failure to waive the privilege may result in the closure of the investigation or dismissal of the proceeding or hearing. FAA follows the procedures of [14 CFR part 16](/cfr/14/part16.md) with respect to confidentiality of information in complaints.
- (c) **Cooperation.** All participants in the Department's DBE program (including, but not limited to, recipients, DBE firms and applicants for DBE certification, complainants and appellants, and contractors using DBE firms to meet contract goals) are required to cooperate fully and promptly with DOT and recipient compliance reviews, certification reviews, investigations, and other requests for information. Failure to do so shall be a ground for appropriate action against the party involved (e.g., with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial of certification or removal of eligibility and/or suspension and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which uses DBE firms to meet goals, findings of non-responsibility for future contracts and/or suspension and debarment).
- (d) **Intimidation and retaliation.** If you are a recipient, contractor, or any other participant in the program, you must not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by this part or because the individual or firm has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. If you violate this prohibition, you are in noncompliance with this part.