(1) In order to qualify as a recommending entity, a BEAR program must be recognized, as provided by 53-2-1216, MCA, by:

(a) the Governor's Office of Economic Development;

(b) the Department of Commerce; and

(c) the department.

(2) In order to be recognized, a BEAR program must:

(a) have been established and trained by the Montana Economic Developers Association; and

(b) have requested, in writing, recognition from any of the three agencies identified in (1).

(3) Written recognition of an eligible BEAR program by any of the three agencies identified in (1) constitutes recognition by all of the agencies. An agency denying a written request for recognition shall promptly explain the basis for the denial in writing.

(4) A recognized BEAR program may lose its recognition status if all three agencies unanimously agree that the BEAR program is no longer actively providing assistance to employers via the use of assessments, interviews, and surveys, or is otherwise failing to undertake it's responsibilities as a recommending entity. The department will promptly communicate the loss of recognition to the BEAR program in writing, and explain the basis for the decision.