reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.37 - Documentation of performance of a useful business function

Current through June 24, 2024
The applicant shall submit evidence that the business is
				performing a useful business function. This evidence may include, but is not
				limited to, the following:
(1)
			 Contracts, purchase orders, invoices, and other documents demonstrating that
			 the business has customers.
(2)
			 Evidence that the quantity, type and condition of the business's equipment and
			 inventory are adequate to carry out its business functions.
(3) Loans and other financing agreements,
			 leases, employee contracts, payroll records and other documents demonstrating
			 that the business' relationships with businesses that are owned by other than
			 disabled veterans do not preclude it from performing a useful business
			 function.
(4) Contracts, purchase
			 orders, invoices, and other documents showing that the business has a diversity
			 of suppliers and is not acting as a conduit for a single supplier.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.40 - Special circumstances

Current through June 24, 2024
Any one of the following circumstances creates a presumption
				that an applicant does not satisfy the eligibility standards for certification
				as a DVB. In such instances, the applicant has the burden of establishing to
				the department's satisfaction that the business meets the eligibility standards
				despite the existence of one or more of the following factors:
(1) The business was formed less than three
			 years but at least one year prior to an application for
			 certification.
(2) The ownership or
			 control of the business has changed within two years prior to an application
			 for certification.
(3) Shares of
			 stock transferred from a person other than a disabled veteran to a disabled
			 veteran owner of the business, within two years prior to an application for
			 certification.
(4) The business has
			 unissued shares that, if issued, could result in less than 51 percent disabled
			 veteran ownership of the business or in less than dominant control by disabled
			 veteran owners or their duly authorized representatives.
(5) The business is subject to conversion
			 rights that, if exercised, would result in less than 51 percent disabled
			 veteran ownership of the business or in less than dominant control by disabled
			 veteran owners or their duly authorized representatives.
(6) One or more of the disabled veteran
			 owners is a former or current employee of a business which is not owned by a
			 disabled veteran and which has an ownership interest in or a business
			 relationship with the applicant, particularly if the business that is not owned
			 by a disabled veteran is in a substantially similar line of business.
(7) An applicant's directors or management or
			 both, are substantially the same as those of a business which is not owned by a
			 disabled veteran and which has an ownership interest in, an investment in, or a
			 business relationship with the applicant, particularly if the business that is
			 not owned by a disabled veteran is in a substantially similar line of
			 business.
(8) The business shares
			 indistinguishable facilities, such as office space; production, distribution or
			 storage facilities; machinery and equipment; or employees, with a business that
			 is not owned by a disabled veteran.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.52 - Renewal procedure

Current through June 24, 2024
(1) Prior to the end of each of the first two
			 years of every three-year certification period, the department may review any
			 accumulated information for the DVB. As part of the review, the department may
			 collect or require submittal of further information for the DVB. The review
			 shall address whether the DVB is continuing to comply with this chapter. Unless
			 the department notifies the DVB otherwise at the completion of the review, the
			 certification shall renew for the following year.
(2) A DVB shall have 60 calendar days from
			 the date of a department notification of intent to deny renewal of
			 certification, to submit a written request for an informal hearing under s.
			 Adm
			 82.70.
(3)
			 If no request for an informal hearing is made, the determination to deny
			 renewal of certification shall become final, and the department shall send a
			 final notice of denial to the DVB within 30 calendar days after expiration of
			 the time period in sub. (2). The notice shall state the reason for denial and
			 notify the DVB of its appeal rights under ch. 227, Stats., and s.
			 Adm
			 82.75. The department shall send a copy of the final
			 notice to the department of transportation.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.55 - Recertification procedure

Current through June 24, 2024
To maintain its certification status, a DVB shall reapply for
				its certification prior to the designated expiration date, in accordance with
				the following procedure:
(1) The
			 department shall send a recertification application form to each DVB by
			 electronic mail, at least 60 calendar days prior to the certification
			 expiration date.
(2) The DVB shall
			 submit the completed recertification application form, all business taxes filed
			 during the three preceding years, current business financials, attestation to
			 providing a useful business function, and a fee of $150, to the department
			 within 60 calendar days of receipt of the application form, except the
			 department shall grant a time extension where good cause is shown by the DVB.
			 Any request for a time extension shall specify the length of time for which the
			 extension is requested and the reasons for the request.
(3) Processing of recertification
			 applications shall follow the certification procedure described in s.
			 Adm
			 82.50.
(4)
			 The recertification process may be postponed for a certified person while he or
			 she is on active duty if the postponement is required by state or federal law
			 or regulation.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.60 - Decertification criteria

Current through June 24, 2024
(1) The department
			 shall decertify a DVB that is found to not meet the DVB eligibility standards
			 in s.
			 Adm
			 82.20.
(2)
			 Sufficient reasons for decertification include the following:
(a) The status of the DVB has changed to the
			 extent that it no longer satisfies the requirement of ownership, control, and
			 active management of the business or the requirement to perform a useful
			 business function.
(b) The DVB
			 fails to submit an application for recertification within the allotted time
			 period.
(c) The DVB fails to comply
			 with a request from the department for records or information within the
			 allotted time period.
(d) The DVB
			 knowingly provides false or misleading information in support of its
			 certification or recertification application or in response to the department's
			 request for records or information.
(e) The DVB is notified of a change to the
			 certification standards and procedures and does not comply with the
			 department's notification to comply.
(f) The DVB does not maintain current
			 information on the DVB database.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.65 - Decertification procedure

Current through June 24, 2024
(1) INITIATION OF
			 DECERTIFICATION PROCESS.
(a) The department
			 may, at the request of any state agency or at its own discretion, examine any
			 business certified as a DVB to verify that the DVB qualifies for
			 certification.
(b) Any business or
			 individual who believes that a business certified as a DVB does not qualify
			 under the standards of eligibility for certification may request a
			 decertification investigation by the department. This request shall be written
			 and signed and shall contain specific identification of the affected DVB, and
			 the basis for the belief that the DVB does not meet the eligibility
			 standards.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.70 - Informal hearing procedure

Current through June 24, 2024
(1) Any business,
			 financial adviser, or investment firm that has received a notice of intent to
			 deny certification, to deny renewal of certification, to deny recertification,
			 or to decertify, may submit a written request for an informal hearing. The
			 request shall set forth the grounds on which the business, financial adviser,
			 or investment firm believes the decision is in error, and may include any
			 additional information that the business, financial adviser, or investment firm
			 has to offer. The business, financial adviser, or investment firm shall submit
			 the request for the informal hearing to the Administrator, Disvision of
			 Enterprise Operations, Department of Administration, P.O. Box 7867, Madison, WI
			 53707-7867.
Note: Sections
				Adm
				82.50(2) (b),
				82.52(2),
				82.55(3),
				82.65(3)
				(b) and 82.94(3) specify deadlines for
				submitting requests for informal hearings.
(2) The department shall schedule an informal
			 hearing within 30 calendar days of receipt of the request. The department shall
			 send a written notice of the scheduled hearing to all interested parties at
			 least 10 calendar days prior to the hearing date. The notice shall specify the
			 date, time and location of the hearing. Interested parties shall include all
			 persons who signed the application for certification or
			 recertification.
(3) The department
			 shall conduct the hearing on an informal basis.
(4) Within 10 business days after the
			 hearing, the administrator shall notify the business, financial adviser, or
			 investment firm in writing of the final decision.
(5) If the final decision is to grant
			 certification, renew a certification, or issue a recertification, the
			 department shall inform the business, financial adviser, or investment firm of
			 that decision. If the final decision is to deny a certification, a
			 certification renewal, or a recertification, or to decertify, the department
			 shall notify the business, financial adviser, or investment firm of that final
			 decision and the reasons for the decision. That notification shall also include
			 reference to the applicant's appeal rights under subch. III of ch. 227, Stats.,
			 and s.
			 Adm
			 82.75.
(6)
			 Once the department has made a final decision on certification, recertification
			 or decertification, that determination shall take effect immediately. If a
			 business, financial adviser, or investment firm has been denied certification
			 or recertification or has been decertified, and then appeals the department's
			 decision in accordance with s.
			 Adm
			 82.75, the department's decision remains in effect
			 unless and until the decision is reversed as a result of the appeals
			 process.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.75 - Appeal procedure

Current through June 24, 2024
(1) Any business, financial adviser, or
			 investment firm which has been denied certification, certification renewal, or
			 recertification, or which has been decertified, may submit a written request
			 for a formal hearing under s.
			 227.42,
			 Stats. The request shall be submitted to the department within 60 calendar days
			 of the mailing date of the department's notification. The request shall set
			 forth the grounds on which the business, financial adviser, or investment firm
			 believes the decision is in error, and shall include any additional information
			 that the business, financial adviser, or investment firm has to offer. The
			 business, financial adviser, or investment firm shall submit the request for
			 the formal hearing to the Office of the Secretary, Department of
			 Administration.
Note: The mailing address for the Secretary of the Department
				of Administration is P.O. Box 7864, Madison, WI 53707.
(2) The department shall schedule the formal
			 hearing and shall send a written notice of the scheduled hearing to all
			 interested parties at least 10 calendar days prior to the hearing date. The
			 notice shall specify the date, time and location of the hearing. Interested
			 parties shall include all persons who signed the application for certification
			 or recertification.
(3) The hearing
			 shall be conducted pursuant to ss.
			 227.43
			 to
			 227.51, Stats. Both the
			 business, financial adviser, or investment firm and the department may present
			 evidence, subpoena witnesses and records, and cross-examine witnesses. The
			 business, financial adviser, or investment firm and the department may be
			 represented by counsel.
Note: Under ch. 227, Stats, the department may designate an
				official of the department or an employee on its staff or borrowed from another
				state agency as a hearing examiner to preside over a contested case.
(4) Within 20 business days after
			 the conclusion of the hearing, the department shall make a decision based on
			 findings of fact and conclusions of law, except as provided in sub.
			 (5).
(5) The secretary may delegate
			 the authority to make the final decision to the hearing examiner of another
			 state agency. When this authority is delegated, the hearing examiner's decision
			 shall be the final administrative decision of the department.
(6) Within 30 business days after the
			 conclusion of the hearing, the department shall notify the affected business,
			 financial adviser, or investment firm and the department of transportation of
			 the final decision regarding certification, certification renewal,
			 recertification or decertification.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.80 - Notification of changes in application information

Current through June 24, 2024
(1) A DVB shall
			 notify the department in writing of any change in the information contained in
			 an application for certification or recertification within 60 calendar days of
			 the change or before bidding on a state contract, whichever is
			 earlier.
(2) Within 15 calendar
			 days of receiving the changes in sub. (1), the department shall send the DVB a
			 written determination of either of the following:
(a) The change is not material, and the
			 certification of the DVB continues.
(b) The change is material and warrants a
			 review of the status of the DVB.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.90 - Certification of a business, financial adviser, or investment firm by another public agency

Current through June 24, 2024
(1) The department may waive some or all of
			 the certification application requirements and procedures under s.
			 Adm
			 82.50 for a business, financial adviser, or investment
			 firm that is already certified by another public-sector agency if the
			 department determines that the agency's standards for certification and
			 certification procedures are substantially equivalent to the
			 department's.
(2) In making the
			 determination in sub. (1), the department may consider factors that include the
			 following:
(a) The documentation that the
			 applicant was required to provide to receive certification by the
			 agency.
(b) Whether an on-site
			 visit was performed.
(c) The length
			 of time for which certification is effective.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.95 - Certification criteria for a corporation owned by a nonprofit organization

Current through June 24, 2024
(1) The department may certify a corporation
			 owned by a nonprofit organization if the department determines that the
			 nonprofit organization is controlled and managed by disabled veterans or their
			 duly authorized representatives. Factors that the department may consider in
			 reaching this determination include the following:
(a) At least 51 percent of the members who
			 may elect the board of directors or trustees and who are entitled to vote on a
			 dissolution of the nonprofit organization are disabled veterans.
(b) At least 51 percent of the board of
			 directors or trustees of the nonprofit organization are disabled
			 veterans.
(c) The minutes of the
			 organization's meetings document the active control and participation of the
			 disabled-veteran members of the board in such areas as setting and monitoring
			 financial policy, personnel policy and program policy.
(d) The nonprofit organization is independent
			 of control or substantial influence by a nonprofit or for-profit organization
			 that is not owned by a disabled veteran. The department shall refutably presume
			 that the nonprofit disabled veteran-owned organization is dependent on an
			 organization which is not owned by a disabled veteran if the disabled
			 veteran-owned organization shares office space, staff, equipment, or other
			 resources, with a for-profit or nonprofit organization that is not owned by a
			 disabled veteran or if the disabled veteran-owned organization receives a
			 majority of its funding from a single organization that is not owned by a
			 disabled veteran.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.20 - Certification criteria

Current through June 24, 2024
In order to become certified as a woman-owned business
				enterprise, a business shall meet all of the following eligibility
				standards:
(1) The business satisfies
			 all of the criteria in the WBE definition in s.
			 Adm
			 83.12(53).
(2) If the business is a sole proprietorship,
			 a woman owns 100% of the company assets.
(3)
(a) If
			 the business is a partnership, 2 or more persons agree to carry on a business
			 or venture together, upon the terms of mutual participation in the profits and
			 losses of the business. The partnership is a contract of mutual agency, each
			 partner acting as a principal in her or his own behalf and as agent of his or
			 her co-partners, and general rules of law applicable to agents shall apply with
			 equal force in determining rights and liabilities of partners.
(b) If the business is a general partnership,
			 one or more women own at least 51% of the partnership interests.
(c) If the business is a limited partnership,
			 one or more women general partners own at least 51% of the general partnership
			 interest and exert at least 51% of the control among general partners. The
			 women general partners receive at least 51% of the profits and benefits,
			 including tax credits, deductions and postponements. In addition, the women
			 limited partners shall own at least 51% of the limited partnership interests
			 and receive at least 51% of the profits and benefits, including tax credits,
			 deductions and postponements.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.22 - Documentation of gender

Current through June 24, 2024
An applicant shall provide one of the following to verify the
				gender of each of the woman owners of a business:
(1) A birth certificate.
(2) A passport.
(3) A state-issued, motor vehicle operator's
			 license or identification card.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.24 - Determination of ownership

Current through June 24, 2024
(1) An applicant
			 shall meet all of the following eligibility standards:
(a)
1. The
			 ownership by one or more women is real, substantial and continuing, going
			 beyond the pro-forma ownership of the business as reflected in its ownership
			 documents.
2. Each woman owner
			 shares in all risk and profits commensurate with her ownership interest as
			 demonstrated by a detailed examination of the substance of her business
			 arrangements with others.
3. Each
			 woman owner receives the customary incidents of ownership, such as salary,
			 rights to dividends, ownership of assets and ownership of intangible assets
			 such as copyrights and patents.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.25 - Documentation of ownership

Current through June 24, 2024
(1)
(a) An applicant shall submit documentation
			 showing ownership of at least 51% of the business by a woman. This
			 documentation may include, but is not limited to, the three preceding years of
			 business taxes, a current business financial statement, business licenses,
			 buy-out agreements and financial agreements.
(b) For a sole proprietorship, additional
			 documentation may include, but is not limited to, canceled checks used to
			 purchase ownership.
(c) For a
			 partnership, additional documentation may include, but is not limited to,
			 partnership agreements, purchase agreements, and salary and profit-sharing
			 records.
(d) For a corporation,
			 additional documentation may include, but is not limited to, articles of
			 incorporation, corporate by-laws, a corporate-borrowing resolution, stock
			 certificates, stock-affirmation forms, and salary and profit-sharing
			 records.
(e) For a joint venture,
			 additional documentation may include, but is not limited to, a joint venture
			 agreement that is written and signed by all of the joint venturers. Each joint
			 venture agreement shall specify all of the following:
1. The capital contribution made by each
			 joint venturer, the control each will exercise, and the distribution of profit
			 and loss. The agreement shall allocate the control and the distribution of
			 profit and loss in proportion to the contributions of the joint
			 venturers.
2. The useful business
			 function the joint venture will perform and the part of the work each joint
			 venturer will do.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.28 - Determination of control

Current through June 24, 2024
(1) Factors that
			 the department shall consider in determining whether one or more women owners
			 control a business include, but are not limited to, the following:
(a) Authority and restrictions as indicated
			 in the articles of incorporation, by-laws, minutes of corporate meetings, bank
			 signature cards, partnership and joint venture agreements and other business
			 agreements and documents.
(b)
			 Membership of one or more women owners on the board of directors.
(c) Holdings by women owners of the voting
			 interests in the business.
(d) The
			 managerial experience, knowledge and expertise of the women owners in such
			 areas as finance, budgeting, personnel, production, marketing and
			 research.
(e) Whether the women
			 owners have the authority to make policy decisions in such areas as finance,
			 budgeting, personnel, production, marketing and research.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.29 - Documentation of control

Current through June 24, 2024
(1) An applicant
			 shall submit evidence that one or more women owners have control over the
			 business. Such evidence shall include, but is not limited, to the following:
(a) Signed bids and contracts.
(b) Signed debt instruments.
(c) Signed hiring decisions.
(d) Bank signature cards and bank resolution
			 authorizations, for savings, checking and other financial accounts.
(e) Written proof that the organizational and
			 governing documents of an applicant, such as limited liability company
			 operating agreements, partnership agreements, or articles of incorporation and
			 by-laws, do not contain any provision which restricts the woman owner from
			 exercising control of the business.
(f)
1.
			 Documentation, such as résumés, showing that the women owners
			 have the managerial experience, knowledge and expertise - in such areas as
			 finance, budgeting, personnel, production, marketing and research - needed for
			 exercising day-to-day control over the business.
2. The department may waive the managerial
			 experience required in subd. 1., when a woman is starting a woman-owned
			 business.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.32 - Determination of active management

Current through June 24, 2024
Factors that the department shall consider in determining
				whether one or more women owners actively manage a business include, but are
				not limited to, the following:
(1)
			 DIRECT OPERATIONAL MANAGEMENT.
(a) The
			 operational management of the woman owner is the demonstrated extent to which
			 the woman owner actually operates the day-to-day business.
(b) Departmental assessments of operational
			 management shall rest upon the peculiarities of the industry of which the
			 business is a part. In order to clarify the level of operational management of
			 the woman owner, the department may consider each of the following:
1. `Experience.' The woman owner has
			 education, demonstrable working knowledge or experience in the area of
			 specialty or industry claimed in the application.
2. `Responsibility for decision-making.'
a. The woman owner makes basic decisions
			 pertaining to the daily operation of the business, such as the purchase of
			 goods, equipment, business inventory and services.
b. The woman owner supervises the business's
			 employees.
3. `Technical
			 competence.'
a. The woman owner has technical
			 competence in the industry or specialty of the business or a working knowledge
			 of the technical requirements of the business sufficient to critically evaluate
			 the work of subordinates.
b. The
			 woman owner has the ability to perform in her area of specialty or expertise
			 without substantial reliance upon finances and resources - such as equipment,
			 automobiles and facilities - of males or non-woman-owned business
			 enterprises.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.33 - Documentation of active management

Current through June 24, 2024
The applicant shall submit evidence that one or more women
				owners actively manage the business. This evidence may include, but is not
				limited to, the following:
(1) Signed
			 purchase orders, invoices and contracts.
(2) Evidence that the women owners have
			 delegated work assignments to the business employees.
(3) Documentation, such as resumes, showing
			 that the women owners have the education or work experience in the skill areas
			 required to produce the product or service provided by the business.
(4) Where the actual day-to-day operational
			 management is delegated to a person other than a woman owner, documentation,
			 such as a signed contract, showing that the women owners have the ultimate
			 power to hire and fire that person.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.36 - Determination of performance of a useful business function

Current through June 24, 2024
Factors that the department shall consider in determining
				whether a woman-owned business is performing a useful business function
				include, but are not limited to, the following:
(1) The degree to which the business has
			 customers other than the state.
(2)
			 The adequacy of the business's resources to carry out its business
			 functions.
(3) The degree to which
			 the business is independent of control or substantial influence by another
			 business. Business relationships that tend to defeat the useful business
			 function include, but are not limited to, shared space, equipment, employees,
			 or other resources, and financing agreements.
(4) Whether the business acts as a conduit to
			 transfer funds to a male-owned business, unless doing so is a normal industry
			 practice.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.37 - Documentation of performance of a useful business function

Current through June 24, 2024
The applicant shall submit evidence that the business is
				performing a useful business function. This evidence may include, but is not
				limited to, the following:
(1)
			 Contracts, purchase orders, invoices, and other documents demonstrating that
			 the business has customers.
(2)
			 Evidence that the quantity, type and condition of the business's equipment and
			 inventory are adequate to carry out its business functions.
(3) Loans and other financing agreements,
			 leases, employee contracts, payroll records and other documents demonstrating
			 that the business's relationships with non-woman-owned businesses do not
			 preclude it from performing a useful business function.
(4) Contracts, purchase orders, invoices, and
			 other documents showing that the business has a diversity of suppliers and is
			 not acting as a conduit for a single supplier.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.40 - Special circumstances

Current through June 24, 2024
Any one of the following circumstances creates a presumption
				that an applicant does not satisfy the eligibility standards for certification
				as a WBE. In such instances, the applicant has the burden of establishing to
				the department's satisfaction that the business meets the eligibility standards
				despite the existence of one or more of the following factors:
(1) The business was formed within one year
			 prior to an application for certification.
(2) The ownership or control of the business
			 has changed within one year prior to an application for
			 certification.
(3) Shares of stock
			 transferred from a male-owned business to a woman owner of the business, within
			 one year prior to an application for certification.
(4) The business has unissued shares that, if
			 issued, could result in less than 51% woman ownership of the business or in
			 less than dominant control by women owners.
(5) The business is subject to conversion
			 rights that, if exercised, would result in less than 51% woman ownership of the
			 business or in less than dominant control by women owners.
(6) One or more of the women owners is a
			 former or current employee of a male-owned business that has an ownership
			 interest in or a business relationship with the applicant, particularly if the
			 male-owned business is in a substantially similar line of business.
(7) An applicant's directors or management or
			 both, are substantially the same as those of a male-owned business that has an
			 ownership interest in, an investment in, or a business relationship with the
			 applicant, particularly if the male-owned business is in a substantially
			 similar line of business.
(8) The
			 business shares indistinguishable facilities, such as office space; production,
			 distribution or storage facilities; machinery and equipment; or employees, with
			 a non-woman-owned business.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.52 - Renewal procedure

Current through June 24, 2024
(1) Prior to the end of each of the first two
			 years of every three-year certification period, the department shall review any
			 accumulated information for the WBE. As part of the review, the department may
			 collect or require submittal of further information for the WBE. The review
			 shall address whether the WBE is continuing to comply with this chapter. Unless
			 the department notifies the WBE otherwise at the completion of the review, the
			 certification shall renew for the following year.
(2) A WBE shall have 30 calendar days from
			 the date of a department notification of intent to deny renewal of
			 certification, to submit a written request for an informal hearing under s.
			 Adm
			 83.70.
(3)
			 If no request for an informal hearing is made, the determination to deny
			 renewal of certification shall become final, and the department shall send a
			 final notice of denial to the WBE within 30 calendar days after expiration of
			 the time period in sub. (2). The notice shall state the reason for denial and
			 notify the WBE of its appeal rights under ch. 227, Stats., and s.
			 Adm
			 83.75. The department shall send a copy of the final
			 notice to the departments of administration and transportation.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.55 - Recertification procedure

Current through June 24, 2024
To maintain its certification status, a WBE shall reapply for
				its certification prior to the designated expiration date, in accordance with
				the following procedure:
(1) The
			 department shall send a recertification application form to each WBE by
			 electronic mail, at least 60 calendar days prior to the certification
			 expiration date.
(2) The WBE shall
			 submit the completed recertification application form, the three preceding
			 years of business taxes, current business financials, attestation to providing
			 a useful business function, and a fee of $150, to the department within 30
			 calendar days of receipt of the application form, except the department shall
			 grant a time extension where good cause is shown by the WBE. Any request for a
			 time extension shall specify the length of time for which the extension is
			 requested and the reasons for the request.
(3) Processing of recertification
			 applications shall follow the certification procedure described in s.
			 Adm
			 83.50.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.60 - Decertification criteria

Current through June 24, 2024
(1) The department
			 shall decertify a WBE that is found to not meet the WBE eligibility standards
			 in s.
			 Adm
			 83.20.
(2)
			 Sufficient reasons for decertification include, but are not limited to, the
			 following:
(a) The status of the WBE has
			 changed to the extent that it no longer satisfies the requirement of ownership,
			 control, and active management of the business or the requirement to perform a
			 useful business function.
(b) The
			 WBE fails to submit an application for recertification within the allotted time
			 period.
(c) The WBE fails to comply
			 with a request from the department for records or information within the
			 allotted time period.
(d) The WBE
			 knowingly provides false or misleading information in support of its
			 certification or recertification application or in response to the department's
			 request for records or information.
(e) The WBE is notified of a change to the
			 certification standards and procedures and does not comply with the
			 department's notification to comply.
(f) The WBE does not maintain current
			 information on the WBE database.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.65 - Decertification procedure

Current through June 24, 2024
(1) INITIATION OF
			 DECERTIFICATION PROCESS.
(a) The department
			 may, at the request of any state agency or at its own discretion, examine any
			 business certified as a WBE to verify that the WBE qualifies for
			 certification.
(b) Any business or
			 individual who believes that a business certified as a WBE does not qualify
			 under the standards of eligibility for certification may request a
			 decertification investigation by the department. This request shall be written
			 and signed and shall contain specific identification of the affected WBE, and
			 the basis for the belief that the WBE does not meet the eligibility
			 standards.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.70 - Informal hearing procedure

Current through June 24, 2024
(1) Any business
			 that has received a notice of intent to deny certification, to deny renewal of
			 certification, to deny recertification, or to decertify, may submit a written
			 request for an informal hearing. The request shall set forth the grounds on
			 which the business believes the decision is in error, and shall include any
			 additional information that the business has to offer. The business shall
			 submit the request for the informal hearing to the administrator, at the
			 Department of Administration, P.O. Box 7970, Madison, WI 53707. The business
			 shall simultaneously file a copy of the request with the office.
Note: Sections
				Adm
				83.50(2) (b),
				83.52(2),
				83.55(3),
				83.65(3)
				(b) and
				83.94(3) specify
				deadlines for submitting requests for informal hearings.
(2) The department shall schedule an informal
			 hearing within 30 calendar days of receipt of the request. The department shall
			 send a written notice of the scheduled hearing to all interested parties at
			 least 10 calendar days prior to the hearing date. The notice shall specify the
			 date, time and location of the hearing. Interested parties shall include all
			 persons who signed the application for certification or
			 recertification.
(3) The department
			 shall conduct the hearing on an informal basis.
(4) Within 10 business days after the
			 hearing, the administrator shall notify the business in writing of his or her
			 final decision.
(5) If the final
			 decision is to grant certification, renew a certification, or issue a
			 recertification, the department shall inform the business of that decision. If
			 the final decision is to deny a certification, a certification renewal, or a
			 recertification, or to decertify, the department shall notify the business of
			 that final decision and the reasons therefore. That notification shall also
			 include reference to the applicant's appeal rights under subch. III of ch. 227,
			 Stats., and s.
			 Adm
			 83.75.
(6)
			 Once the department has made a final decision on certification, recertification
			 or decertification, that determination shall take effect immediately. If a
			 business has been denied certification or recertification or has been
			 decertified, and then appeals the department's decision, the department's
			 decision remains in effect unless and until the decision is reversed as a
			 result of the appeals process.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.75 - Appeal procedure

Current through June 24, 2024
(1) Any business which has been denied
			 certification, certification renewal, or recertification, or which has been
			 decertified, may submit a written request for a formal hearing under s.
			 227.42,
			 Stats. The request shall be received by the department within 30 calendar days
			 of the mailing date of the administrator's notification. The request shall set
			 forth the grounds on which the business believes the decision is in error, and
			 shall include any additional information that the business has to offer. The
			 business shall submit the request for the formal hearing to the Office of the
			 Secretary, Department of Administration, P.O. Box 7864, Madison, WI 53707. The
			 business shall simultaneously file a copy of the request with the
			 office.
(2) The department shall
			 schedule the formal hearing and shall send a written notice of the scheduled
			 hearing to all interested parties at least 10 calendar days prior to the
			 hearing date. The notice shall specify the date, time and location of the
			 hearing. Interested parties shall include all persons who signed the
			 application for certification or recertification.
(3) The hearing shall be conducted pursuant
			 to ss.
			 227.43
			 to
			 227.51, Stats. Both the
			 business and the department may present evidence, subpoena witnesses and
			 records, and cross-examine witnesses. The business and the department may be
			 represented by counsel.
Note: Under ch. 227, Stats, the department may designate an
				official of the department or an employee on its staff or borrowed from another
				state agency as a hearing examiner to preside over a contested case.
(4) Within 20 business days after
			 the conclusion of the hearing, the department shall make a decision based on
			 findings of fact and conclusions of law, except as provided in sub.
			 (5).
(5) The secretary may delegate
			 the authority to make the final decision to the hearing examiner of another
			 state agency. When this authority is delegated, the hearing examiner's decision
			 shall be the final administrative decision of the department.
(6) Within 30 business days after the
			 conclusion of the hearing, the department shall notify the affected business
			 and the departments of administration and transportation of the final decision
			 regarding certification, certification renewal, recertification or
			 decertification.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.80 - Notification of changes in application information

Current through June 24, 2024
(1) A WBE shall
			 notify the office in writing of any change in the information contained in an
			 application for certification or recertification within 30 calendar days of the
			 change or before bidding on a state contract, whichever is earlier.
(2) Within 15 calendar days of receiving the
			 changes in sub. (1), the department shall send the WBE a written determination
			 of either of the following:
(a) The change is
			 not material, and the certification of the WBE continues.
(b) The change is material and warrants a
			 review of the status of the WBE.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.90 - Certification of a Wisconsin business by another public agency

Current through June 24, 2024
(1) The department
			 may waive some or all of the certification application requirements and
			 procedures under s.
			 Adm
			 83.50 for a Wisconsin business that is already
			 certified by another public-sector agency if the department determines that the
			 agency's standards for certification and certification procedures are
			 substantially equivalent to the department's.
(2) In making the determination in sub. (1),
			 the department shall consider factors that include, but are not limited to, the
			 following:
(a) The documentation that the
			 applicant was required to provide to receive certification by the
			 agency.
(b) Whether an on-site
			 visit was performed.
(c) The length
			 of time for which certification is effective.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.92 - Certification criteria for a non-Wisconsin business

Current through June 24, 2024
The department may certify a non-Wisconsin business only if the
				business meets the eligibility standards in s.
				Adm 83.20,
				and the business is certified by any applicable state agency in the business's
				own state.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.94 - Certification procedure for a non-Wisconsin business

Current through June 24, 2024
(1) For
			 non-Wisconsin applicants certified by a state that the department determines
			 has certification requirements which are substantially equivalent to the
			 requirements in s.
			 Adm 83.20,
			 the applicant shall submit the following documentation:
(a) A copy of the letter of certification
			 from the state in which the applicant is incorporated or has its principal
			 place of business.
(b) A copy of
			 the most recent application and supporting documentation the applicant
			 submitted to its certifying state in support of its certification,
			 certification renewal or recertification.
(c) Documentation that the applicant meets
			 the WBE definition in s.
			 Adm
			 83.12(53).
Wisconsin Administrative Code › Department of Administration › Chapter Adm 83 - Woman-owned business certification program › Section Adm 83.96 - Certification criteria for a for-profit corporation owned by a nonprofit organization

Current through June 24, 2024
(1) The department may certify a for-profit
			 corporation owned by a nonprofit organization if the department determines that
			 the nonprofit organization is woman-controlled and managed. Factors that the
			 department may consider in reaching this determination include, but are not
			 limited to, the following:
(a) At least 51%
			 of the members who may elect the board of directors or trustees and who are
			 entitled to vote on a dissolution of the nonprofit organization are
			 women.
(b) At least 51% of the
			 board of directors or trustees of the nonprofit organization are
			 women.
(c) The minutes of the
			 organization's meetings document the active control and participation of the
			 women members of the board in such areas as setting and monitoring financial
			 policy, personnel policy and program policy.
(d) The nonprofit organization is independent
			 of control or substantial influence by a male-owned nonprofit or for-profit
			 organization. The department shall refutably presume that the nonprofit
			 woman-owned organization is dependent on a male-owned organization if the
			 woman-owned organization shares office space, staff, equipment, or other
			 resources, with a male-owned for-profit or nonprofit organization or if the
			 woman-owned organization receives a majority of its funding from a single
			 male-owned organization.