CFR > Title 49 - Transportation > SUBTITLE A—Office of the Secretary of Transportation > PART 26—PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS > SUBPART C—Goals, Good Faith Efforts, and Counting (§26.41 to §26.55) > 26.47—Can recipients be penalized for failing to meet overall goals?

26.47—Can recipients be penalized for failing to meet overall goals?

(a) You cannot be penalized, or treated by the Department as being in noncompliance with this rule, because your DBE participation falls short of your overall goal, unless you have failed to administer your program in good faith.
(b) If you do not have an approved DBE program or overall goal, or if you fail to implement your program in good faith, you are in noncompliance with this part.