Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.09 - Setting up the business enterprise

Current through June 24, 2024
(1) EQUIPMENT.
(a)
Department
				responsibility.
The department shall provide each business enterprise
				with suitable equipment and shall arrange for all normal repair and replacement
				of this equipment except for an enterprise which has vendor owned
				equipment.
(b)
Title to
				equipment.
1. `Department
				ownership.' All rights, title to and interest in business enterprise equipment,
				other than equipment owned and maintained by vending machine companies or
				suppliers, is vested in the department unless the operator exercises the option
				to purchase the equipment as provided in subd. 2.
2. `Vendor ownership.'
a. All rights, title to and interest in
				business enterprise equipment may be vested in an operator, as authorized by s.
				47.03(4),
				Stats., and the Randolph-Sheppard Act, provided that the operator has
				competently operated the business enterprise under supervision of the
				department for one year, and if the organization responsible for the building
				in which the business enterprise is located grants permission. The vendor-owner
				shall remain under supervision of the department.
b. The business enterprise equipment shall be
				sold at a fair value based on the condition and serviceability of the equipment
				at the time of sale. Merchandise shall be sold at the original purchase price.
				Total payment shall be due to the department when the bill of sale is
				signed.
c. A bill of sale between
				the operator and the department shall contain the terms and conditions of the
				sale, in accordance with this chapter and the conditions of any permit or
				contract governing the premises on which the business enterprise is located.
				Upon completion of the sale the operator shall be responsible for maintaining,
				repairing, and replacing all business enterprise equipment, and the set-aside
				charge for these services is suspended. In the event the operator fails to meet
				all obligations to provide proper maintenance, repair and replacement of
				equipment, the department may elect to make the necessary repair or replacement
				and charge the vendor-owner for such repair or replacement.
d. The department retains a first option to
				repurchase within 90 days the equipment and stock in the event the vendor-owner
				dies, ceases to be a licensee, transfers to another business enterprise, or
				requests in writing purchase by the department. If the option to repurchase is
				not exercised, the department shall, if requested, provide a written statement
				to the vendor-owner giving the reasons for not exercising the option.
(c)
Receipt of
				equipment.
Equipment furnished to the operator or removed by the
				department from the operator shall be acknowledged by a receipt signed by the
				operator or his or her agent or by the department's representative, as is
				appropriate.
(d)
Care of
				equipment.
Equipment furnished by the department shall be used only
				for the purpose stated in the operator's agreement. The operator shall exercise
				reasonable care in the use and maintenance of that equipment in order to keep
				it in good condition.
(e)
Change or addition of equipment.
The operator shall not add to
				or change any piece of equipment without prior written approval of the
				department.