reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration › Chapter Adm 50 - Contract Compliance › Section Adm 50.06 - Compliance review

Current through June 24, 2024
The department shall, on its own initiative, undertake a
				compliance review to determine if contractors are complying with s.
				16.765,
				Stats., this chapter and all nondiscrimination provisions of these contracts.
				If the department finds evidence of noncompliance, the department shall proceed
				as provided in s.
				16.765,
				Stats., and ss.
				Adm
				50.04(4),
				50.09, and
				50.10.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 50 - Contract Compliance › Section Adm 50.08 - Complaint procedure

Current through June 24, 2024
(1) Any complaint authorized by s.
			 16.765(6),
			 Stats., shall be filed with the contract compliance office of the department at
			 101 E. Wilson St., Madison, Wisconsin 53702.
(2) The complaint shall be in writing and
			 shall state the basis for the complaint. The department shall offer to assist
			 the complainant in drafting the complaint.
(3) The complainant and the contractor shall
			 be kept informed of the status of the matter by the department after a
			 complaint is filed. A copy of the investigative report and notice of final
			 disposition of the complaint shall be given to the complainant and the
			 contractor.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 50 - Contract Compliance › Section Adm 50.09 - Investigations

Current through June 24, 2024
(1) The department shall, within 30 working
			 days after receipt of a complaint or a finding of noncompliance pursuant to s.
			 Adm
			 50.06, issue an investigative report or letter to the
			 contractor containing a narrative of the facts and a listing of the action, if
			 any, required to bring the contractor into compliance. The contractor, if found
			 not to be in compliance, shall have 30 working days to obtain compliance as
			 provided in s.
			 Adm
			 50.04(4).
(2) During the investigation, the identity
			 and statement of any person interviewed shall be confidential.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 60 - Wisconsin environmental policy act, procedures for department actions › Section Adm 60.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to:
(1) Establish a policy to assure departmental
			 consideration of the short and long term environmental and economic effects of
			 department actions upon the human environment.
(2) Provide principles, objectives,
			 definitions and criteria to be used by the department in the implementation of
			 s.
			 1.11,
			 Stats. Implementation includes the evaluation of proposed actions; the study,
			 development and description of alternatives where proposed actions involve
			 unresolved conflicts in the use of available resources; and the preparation and
			 review of environmental impact statements.
(3) Establish the identification of major
			 actions significantly affecting the quality of the human environment and the
			 need for an environmental impact statement.
(4) Provide an opportunity for public input
			 to the decision-making process.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 60 - Wisconsin environmental policy act, procedures for department actions › Section Adm 60.02 - Definitions

Current through June 24, 2024
(1) "Action" means any activity, initiated by
			 the department or initiated by someone outside state government, which could
			 not have occurred but for the department and which may affect the human
			 environment.
(2) "Alternatives"
			 means other actions or activities which may be reasonably available to achieve
			 the same or altered purpose of the proposed action, including the alternative
			 of no action.
(3) "Department"
			 means the department of administration.
(4) "EA" or "environmental assessment" means
			 a documented brief but comprehensive analysis of a proposed Type II action to
			 determine its environmental impact; to study, develop, and thoroughly describe
			 alternatives; and to determine whether the proposed action constitutes a major
			 state action significantly affecting the quality of the human environment or
			 involving unresolved conflicts in the use of available resources.
(5) "EIS" or "environmental impact statement"
			 means a written report prepared pursuant to s.
			 1.11,
			 Stats., which contains an analysis of anticipated impacts of a proposed action,
			 and alternatives to the proposed action, upon the human environment. The draft
			 environmental impact statement (DEIS) is a preliminary version of the final
			 environmental impact statement (FEIS).
(6) "Finding of no significant impact" means
			 a completed environmental assessment which indicates that the proposed action
			 is not a major action which will significantly affect the quality of the human
			 environment and that no EIS is required.
(7) "Human environment" means the totality of
			 conditions and influences, both natural and artificial, which surround and
			 affect all organisms, including people.
(8) "Major action" means an action which will
			 significantly affect the quality of the human environment.
(9) "Resources" means financial, cultural and
			 natural matter and forms as well as labor and materials used and affected by a
			 proposed action if permitted.
(10)
			 "Significant effects" means the considerable and important impacts, beneficial
			 or adverse, of actions on the quality of the human environment.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 60 - Wisconsin environmental policy act, procedures for department actions › Section Adm 60.04 - Determination of need for an EIS

Current through June 24, 2024
(1) During the
			 early planning stages, the department shall determine the need for preparing an
			 EIS on its actions. The action type list shall be used to determine the
			 category of the proposed action.
(2) In determining whether a Type II action
			 is a major action that will significantly affect the quality of the human
			 environment, or is a proposed course of action which involves unresolved
			 conflicts concerning alternative uses of available resources, the department
			 shall base its decision on an environmental assessment (EA) which shall contain
			 the following information:
(a) A brief
			 description of the proposed action including maps and graphs if
			 applicable.
(b) A brief description
			 of those factors in the human environment affected by the proposed
			 action.
(c) A brief evaluation of
			 significant primary and secondary environmental effects that would result if
			 the proposal were implemented.
(d)
			 A brief study, development and description of reasonable alternatives to the
			 proposed action and a brief evaluation of the significant environmental or
			 other effects of these alternatives.
(e) A listing of other agencies or groups
			 contacted and the comments of and other pertinent information from these
			 agencies and groups.
(f) An
			 evaluation section which contains brief discussions of the following specific
			 factors:
1. Stimulation of secondary
			 (indirect) effects.
2. Creation of
			 a new environmental effect.
3.
			 Impacts on geographically scarce environmental features.
4. Precedent-setting nature of the
			 action.
5. Significant controversy
			 associated with the action.
6.
			 Conflicts with official agency plans or local, state, or national
			 policy.
7. Cumulative impacts of
			 repeated actions of this type.
8.
			 Foreclosure of future options.
(g) An identification and brief discussion of
			 appropriate alternatives to proposed Type II actions that may involve
			 unresolved conflicts concerning alternative uses of available resources,
			 including the alternative of no action. A proposed action involves unresolved
			 conflicts concerning alternative uses of available resources when
1. The proposed action may reasonably be
			 expected to materially use or affect a resource, temporarily or permanently;
			 and
2. The resource is reasonably
			 suited to one or more other uses; and
3. There is a discernible conflict,
			 competition, difference or incompatibility between the use to be made of the
			 resource by the proposed action and another use, including the present use, to
			 which the resource is reasonably suited; and
4. The conflict, competition, difference, or
			 incompatibility between the proposed action's use and the other uses to which
			 the resource is reasonably suited cannot be avoided or resolved if the proposed
			 action is implemented.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 60 - Wisconsin environmental policy act, procedures for department actions › Section Adm 60.05 - Scoping

Current through June 24, 2024
(1) As soon as possible after the decision to
			 prepare an EIS, the department shall inform the public and affected agencies
			 that an EIS will be prepared and that the process of identifying potential
			 major issues, called scoping, is beginning.
(2) The scoping process shall include, to the
			 extent possible, affected and other interested persons. The process may consist
			 of meetings, hearings, workshops, surveys, questionnaires, interagency
			 committees, or other appropriate methods or activities, and may be integrated
			 with other public participation requirements.
(3) The department shall use the scoping
			 process to accomplish any of the following:
(a) Determine the scope and the significant
			 issues to be analyzed in depth in the EIS.
(b) Identify and eliminate from detailed
			 study the issues which are not significant or which have been covered by prior
			 environmental review. This will narrow the discussion of these issues in the
			 EIS to a brief presentation of why they will not have a significant effect on
			 the human environment or a reference to their coverage elsewhere.
(c) Set a time schedule for document
			 preparation and opportunities for public involvement.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 60 - Wisconsin environmental policy act, procedures for department actions › Section Adm 60.07 - Distribution and review of the DEIS and FEIS

Current through June 24, 2024
(1) DISTRIBUTION
			 AND REVIEW OF THE DEIS.
(a) Copies of the
			 DEIS shall be distributed as follows:
1. The
			 governor's office.
2. State,
			 federal and local government agencies having special expertise, interest or
			 jurisdiction.
3. Regional and
			 county planning agencies located within the proposed project or action
			 area.
4. The department of natural
			 resources.
5. Libraries:
a. For proposed actions affecting a local
			 area, the nearest library. In addition, the county clerk or town clerk will be
			 requested to make the document available in the county courthouse, city hall or
			 town hall.
b. For projects of
			 regional importance, public libraries with geographic distribution which
			 provides public access without undue travel.
c. Projects having statewide significance,
			 public libraries providing reasonable access by the individuals who would be
			 potentially affected by the proposed action.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 60 - Wisconsin environmental policy act, procedures for department actions › Section Adm 60.08 - Public hearings on the DEIS and FEIS

Current through June 24, 2024
(1) Whenever a
			 proposed action requires a DEIS and an FEIS, the department shall hold a public
			 hearing on the DEIS, no sooner than 30 days after its issuance, and shall also
			 hold a public hearing on the FEIS, no sooner than 30 days after its issuance
			 and prior to making a final decision. These hearings shall be noticed and
			 conducted in the same manner as a contested case proceeding under ch. 227,
			 Stats. The final draft of the EIS issued by the department, and the record of
			 decision provided in s.
			 Adm 60.09, are
			 intended to satisfy the decision requirement of s.
			 227.47,
			 Stats.
(2) The hearings shall be
			 held in the locality affected; on actions of statewide significance, the
			 hearing may be held in Madison.
(3)
			 The department shall issue a news release to news media in the vicinity of the
			 proposed action for each public hearing on a DEIS or FEIS. Notice shall also be
			 mailed to all known departments and agencies required to grant any approval
			 necessary for the proposal; to any regional planning commission within which
			 the affected area lies; to the governing bodies of all towns, villages, cities
			 and counties within which any part of the proposal lies; to the governing
			 bodies of any towns, villages or cities contiguous to any town, village or city
			 within which any part of the proposal lies; and to interested persons who have
			 requested such notification. Persons, organizations or agencies that attended
			 the DEIS public hearing shall also receive notice of the FEIS public
			 hearing.
(4) After the FEIS public
			 hearing provided in sub. (1), the department shall carefully review the hearing
			 record and summarize the comments received on the DEIS and the FEIS.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 60 - Wisconsin environmental policy act, procedures for department actions › Section Adm 60.09 - Record of decision

Current through June 24, 2024
Where an EIS is prepared, the department shall also, at the
				time of its final decision, prepare a record of decision. The record of
				decision shall identify all alternatives considered in the order of their
				environmental preference. The record of decision shall state whether for the
				alternative selected, all practicable means to avoid or minimize environmental
				harm have been adopted, and if not, why they were not.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 70 - Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices › Section Adm 70.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish uniform recording
				standards and practices, provide for integrity and security of transmissions
				and promote efficiencies and improved service for electronic recording of
				documents in Wisconsin county register of deeds offices.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 70 - Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices › Section Adm 70.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Council" means Wisconsin electronic recording council.
(2) "Department" means the Wisconsin
			 department of administration.
(3)
			 "PRIA" means the property records industry association.
(4) "Trusted submitter" means a party that
			 has a trusted submitter agreement accepted by and on file with the council in
			 order to record documents electronically with a register of deeds.
(5) "Trusted submitter agreement" means the
			 agreement to be signed by any party who wishes to become a trusted
			 submitter.
(6) "UETA" or "uniform
			 electronic transaction act" has the meaning specified in ch. 137,
			 Stats.
(7) "URPERA" or "uniform
			 real property electronic recording act" has the meaning specified in s.
			 706.25,
			 Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 70 - Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices › Section Adm 70.03 - Standards

Current through June 24, 2024
A trusted submitter shall submit an electronic recording file
				to a county register of deeds in a manner that is consistent with state
				statutes and the technical standards contained in
How to Get Ready for
				eRecording, Submitters' Guide
and
How to Get Ready for
				eRecording, Recorders' Guide,
July 14, 2009, both developed by PRIA.
				The council shall annually review these standards and guidelines and propose,
				to the department, necessary amendments to the standards and guidelines adopted
				in this section.
Copies of the PRIA technical standards and guidelines
				  imported by reference in s. Adm 70.03 and business requirements imported by
				  reference in s. Adm 70.04 may be obtained from PRIA at:
Property Records Industry Association
110 Horizon Dr., Ste. 210
Raleigh, NC 27615
Telephone: 919.459.2081
FAX: 919.459.2075
Website:
http://www.pria.us/
Locally copies may be obtained from the legislative
				  reference bureau or from the council at the mailing address and website shown
				  in s. Adm 70.04.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 70 - Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices › Section Adm 70.04 - Business requirements and guidelines

Current through June 24, 2024
In addition to council developed business requirements, a
				trusted submitter shall comply with the requirements contained in
eRecording Best Practices for Recorders
, August 30, 2021,
				developed by PRIA and the mortgage industry standards maintenance organization.
				The council annually shall review the business requirements and propose, to the
				department, necessary amendments to the requirements adopted in this
				section.
Copies of the current standards and guidelines for submission
				  of electronic documents as in s. Adm 70.03, business requirements as in s. Adm
				  70.04 and materials for trusted submitter agreements as in s. Adm 70.05 may be
				  obtained from the legislative reference bureau or the council at the following
				  address:
Electronic Recording Council of Wisconsin
c/o Wisconsin Department of Administration Secretary's
				  Office
101 East Wilson Street, 10th Fl.
Madison, WI 53707
Telephone: (608) 266-5030
Website:
http://ercwis.wi.gov/
Wisconsin Administrative Code › Department of Administration › Chapter Adm 70 - Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices › Section Adm 70.05 - Trusted submitter agreement

Current through June 24, 2024
Every document submitter shall complete and sign a trusted
				submitter agreement application as approved by the council. Upon notice of
				acceptance of the trusted submitter agreement by the council, the trusted
				submitter shall be authorized to record documents
				electronically.
A trusted submitter agreement application can be obtained
				  from the council at mailing address and website listed in s.
				  Adm
				  70.04.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 70 - Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices › Section Adm 70.07 - Notarization of documents

Current through June 24, 2024
An electronic document shall be notarized under standards
				adopted in chs. 137 and 140, Stats. The notary's commission date shall be
				contained on the document or the document shall be authenticated as required in
				s.
				706.06 and ch.
				140, Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 70 - Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices › Section Adm 70.08 - Return and rejection of documents

Current through June 24, 2024
The submitter of a recorded electronic document is the party
				entitled to the return of the document. Electronic documents that are recorded
				may be returned immediately. A document may be rejected if the party identified
				in the document image differs substantially from the party identified in the
				related index submitted.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.01 - Purpose and analysis

Current through June 24, 2024
This chapter establishes the procedures, standards and
				eligibility requirements for investment in accounts under the Wisconsin college
				savings program, into which a participant may invest funds to be used by
				individual beneficiaries to pay the cost of attendance at an institution of
				higher education. The Wisconsin college savings program is established as a
				qualified tuition program pursuant to section 529 of the internal revenue code
				[
				26 USC
				529 ], and is administered by the
				department.
The application form referenced in s.
				  Adm
				  81.04(1) and the distribution request
				  form referenced in s.
				  Adm
				  81.11(2) are available on the
				  Wisconsin College Savings Program website at: www.edvest [File Link Not
				  Available],or by writing to: EdVest, P.O. Box 7864, Madison, WI 53707-7864.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Account" means a formal record of transactions maintained for a particular
			 designated beneficiary to meet qualified higher education expenses under the
			 program.
(2) "Account owner" has
			 the meaning set forth in s.
			 16.641(1)
			 (a), Stats.
(3) "Board" means the Wisconsin college
			 savings program board.
(4) "Cash"
			 includes checks, money orders, wire transfers, or electronic funds transfers
			 through payroll deduction, automatic contribution plans or similar methods, but
			 does not include currency.
(5)
			 "Contribution" means any payment directly allocated to an account for the
			 benefit of a designated beneficiary or that is used to pay administrative or
			 other fees associated with the account.
(6) "Department" means the Wisconsin
			 department of administration.
(7)
			 "Designated beneficiary" has the meaning found in section 529(e)(1) of the
			 internal revenue code.
(8)
			 "Eligible educational institution" has the meaning found in section 529(e)(5)
			 of the internal revenue code.
(9)
			 "Maximum contribution limit" is the sum total market value amount established
			 by the board that may be accumulated in the accounts of a designated
			 beneficiary to meet qualified higher education expenses.
(10) "Member of the family" has the meaning
			 found in section 529(e)(2) of the internal revenue code.
(11) "Non-qualified distribution" means any
			 distribution of funds from an account that is not a qualified
			 distribution.
(12) "Person"
			 includes an individual, a trust, or a body corporate or politic.
(13) "Program" means the qualified tuition
			 program established under s.
			 16.641,
			 Stats.
(14) "Program description
			 and participation agreement" means the contract between an account owner and
			 the board setting forth the terms and conditions under which the account owner
			 participates in the program.
(15)
			 "Program manager" means the entity under contract with the department to serve
			 as the program administrator, marketing agent and investment manager of the
			 program.
(16) "Qualified
			 distribution" means any distribution of funds, as defined in section 529 of the
			 internal revenue code, for qualified higher education expenses from an account
			 pursuant to a distribution request from the account owner.
(17) "Qualified higher education expenses"
			 has the meaning found in section 529(e)(3) of the internal revenue
			 code.
(18) "Qualified tuition
			 program" means a savings program to help defray the cost of college expenses
			 under section 529 of the internal revenue code.
(19) "Rollover contribution" means the
			 transfer of all or part of an account from one qualified tuition program
			 account to another qualified tuition program account.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.04 - Opening an account

Current through June 24, 2024
(1) To open an account, an applicant shall
			 submit a properly completed and signed application, which incorporates the
			 program description and participation agreement, to the program manager. A
			 contribution may be made as provided in s.
			 Adm
			 81.09 or by any alternate method established by the
			 board or the program manager.
(2)
			 An applicant shall select an available investment option in which all
			 contributions to the account shall be invested. After an account has been
			 opened, the investment option selected may only be changed as permitted under
			 section 529 of the internal revenue code and any regulations issued
			 thereunder.
(3) The participation
			 agreement shall be accompanied by a program description supplied by the program
			 manager disclosing the program characteristics, including the investment
			 options, investment risks, program fees, and other information as determined by
			 the board and the program manager.
(4) Acceptance by the program manager of
			 application materials, the initial contribution, or selection of contribution
			 method for processing shall not be deemed an agreement to open an
			 account.
(5) The program manager
			 shall accept applications to open accounts and accept subsequent contributions
			 for a designated beneficiary in the order they are received, up to the maximum
			 contribution limit.
(6) Upon
			 determining that an application has met all the requirements for opening an
			 account, the program manager shall notify the applicant in writing that an
			 account has been established.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.05 - Refusal to open an account

Current through June 24, 2024
The program manager or the board may refuse to open an account
				for any of the following reasons:
(1)
			 The applicant is not an eligible account owner.
(2) The applicant has not provided all of the
			 information required in the application.
(3) The maximum contribution level for the
			 proposed designated beneficiary has already been met.
(4) The execution of a participation
			 agreement violates any federal or state law.
(5) The board determines that the number of
			 accounts in the program should be limited.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.06 - Change of account ownership

Current through June 24, 2024
(1) An account
			 owner may designate a successor who shall become the new account owner
			 automatically upon the death of the account owner. This designation may be made
			 at any time by submitting a written designation of the successor to the program
			 manager containing the information set forth in the account change request
			 form. Designation of a successor shall be effective upon registration in the
			 records of the program manager.
(2)
			 If a change in the ownership of an account is required by a court order
			 directing such change, or by an affidavit or declaration that is recognized
			 under applicable law as requiring transfer of ownership upon death without a
			 court order, such change shall be effective upon receipt by the program manager
			 of such information unless otherwise required by law.
(3) Any other request to transfer ownership
			 to a new account owner shall be made by submitting to the program manager a
			 written designation of a new account owner containing the information set forth
			 in the program description and participation agreement. Transfer of ownership
			 shall not be effective until registered in the records of the program
			 manager.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.07 - Designated beneficiary

Current through June 24, 2024
Any individual regardless of age or relationship to the account
				owner, including the account owner, may be a designated beneficiary under the
				program. There shall be only one designated beneficiary per account. Subject to
				the maximum contribution level, any number of accounts may be opened for a
				single designated beneficiary.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.08 - Change of designated beneficiary

Current through June 24, 2024
(1) Only an account
			 owner may change the designated beneficiary of an account. The designated
			 beneficiary may only be changed to a member of the family of that designated
			 beneficiary.
(2) To change a
			 designated beneficiary, the account owner shall submit a written request to the
			 program manager containing all the information set forth in the program
			 description and participation agreement.
(3) Upon receipt of the written request, the
			 program manager shall register the information regarding the newly designated
			 beneficiary in the records of the program. The change of the designated
			 beneficiary shall be effective upon registration.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.09 - Contributions

Current through June 24, 2024
(1) CASH CONTRIBUTIONS. Any person may make a
			 contribution to an account of a designated beneficiary. Contributions shall be
			 made only in cash.
(2) MAXIMUM
			 CONTRIBUTION LIMIT. Contributions to the accounts established for a designated
			 beneficiary shall not, in the aggregate, exceed that amount necessary to
			 provide for the qualified higher education expenses of the designated
			 beneficiary. The board shall establish from time to time the maximum amount
			 that may be contributed in the aggregate to the accounts of an individual
			 designated beneficiary. Contributions in excess of that limit shall not be
			 accepted and shall be returned to the contributor.
(3) MINIMUM CONTRIBUTION LIMIT. The minimum
			 amount contributed at the time an account is opened under s.
			 Adm 81.04, and
			 the minimum amount of any additional contribution to be made to an account
			 shall be established from time to time by the board and set forth in the
			 program description and participation agreement.
(4) ROLLOVER CONTRIBUTIONS. If rollover
			 distributions are allowed by another state's qualified tuition program, an
			 account owner may deposit all or part of the funds from an account in that
			 state's qualified tuition program to a new account in the program as provided
			 under section 529 of the internal revenue code, and any regulations issued
			 thereunder. When making a rollover contribution, the account owner shall
			 complete the forms and make such disclosures of financial information as set
			 forth in the program description and participation agreement. If the rollover
			 distribution deposited in the program account would cause the total account
			 balance of all accounts for that designated beneficiary to exceed the maximum
			 contribution limit, the program manager shall refuse the excess
			 funds.
(5) INVESTMENT DIRECTION
			 PROHIBITION. Except as permitted under section 529 of the internal revenue code
			 and any regulations issued thereunder, no person contributing to an account may
			 direct the investment or investment earnings of any contribution of an
			 account.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.11 - General distributions

Current through June 24, 2024
(1) CALCULATING EARNINGS ON MULTIPLE
			 ACCOUNTS. If an individual is the designated beneficiary of more than one
			 account, all contributions and earnings with respect to those accounts shall be
			 treated in a manner consistent with the requirements of section 529 of the
			 internal revenue service for purposes of calculating the earnings portions of
			 any distribution with respect to that designated beneficiary.
(2) DISTRIBUTION REQUESTS. An account owner
			 may request a distribution of funds by submitting to the program manager at
			 least three business days prior to the date of the requested distribution a
			 completed distribution request form. Upon receipt, the program manager shall
			 commence processing properly completed distribution request forms as soon as
			 practicable.
(3) DISTRIBUTION
			 LIMITATION. A designated beneficiary may not authorize distribution or
			 withdrawal of account funds.
(4)
			 NONQUALIFIED DISTRIBUTION. A distribution of funds from an account for any use
			 other than qualified higher education expenses for the designated beneficiary
			 constitutes a nonqualified distribution and may be subject to the additional
			 tax imposed by section 529(c)(6) of the internal revenue code.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.12 - Refund of qualified distribution payment

Current through June 24, 2024
An eligible educational institution that owes a full or partial
				refund of a qualified distribution due to an overpayment of educational
				expenses or for any other reason shall pay the refund directly to the program
				manager for credit to the applicable designated beneficiary's account. A refund
				may not be paid directly to the designated beneficiary or account
				owner.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 81 - Wisconsin college savings program board › Section Adm 81.13 - Account termination

Current through June 24, 2024
(1) The board shall determine the conditions
			 under which an account may be terminated, including but not limited to the
			 following:
(a) The account balance is below an
			 established minimum.
(b) The
			 account has been inactive for an established amount of time.
(c) Any portion of the account remains unused
			 10 years after the anticipated academic year of the designated beneficiary's
			 initial enrollment in an eligible educational institution.
(d) The account owner or the designated
			 beneficiary provides false or misleading information to the board, the program
			 manager, or an eligible educational institution.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.10 - Purpose

Current through June 24, 2024
Pursuant to s.
				16.283(4),
				Stats., this chapter sets forth the criteria and procedures for certification,
				certification renewal, recertification, and decertification of a disabled
				veteran-owned business, financial adviser, or investment
				firm.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.20 - Certification criteria

Current through June 24, 2024
In order to become certified as a DVB - a business, financial
				adviser, or investment firm shall meet all of the following eligibility
				standards:
(1) The business, financial
			 adviser, or investment firm satisfies all of the criteria in the DVB definition
			 in s.
			 Adm
			 82.12(17).
(2) If the business, financial adviser, or
			 investment firm is a sole proprietorship, a disabled veteran owns 100 percent
			 of the company assets.
(3)
(a) If the business, financial adviser, or
			 investment firm is a partnership, each partner shall act as a principal in his
			 or her 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. One or more disabled veterans shall own at least 51
			 percent of the partnership interests.
(b) If the business, financial adviser, or
			 investment firm is a limited partnership, one or more disabled veteran general
			 partners shall own at least 51 percent of the general partnership interest and
			 exert at least 51 percent of the control of the partnership. The disabled
			 veteran general and limited partners shall receive at least 51 percent of the
			 partnership's profits and benefits, including tax credits, deductions and
			 postponements.
Note: See section
				Adm
				82.12 for definitions of general partner, limited
				partner, limited partnership, and partnership.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.22 - Documentation of being a disabled veteran

Current through June 24, 2024
An applicant shall submit the verification specified in s.
				16.283(1)
				(b), Stats.
Section
				  16.283(1)
				  (b) of the Statutes, as reprinted under
				  section
				  Adm
				  82.12(16), defines "disabled veteran"
				  and addresses verification of that status by the department of veterans
				  affairs.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.24 - 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 disabled veterans is real, substantial and continuing,
			 going beyond the pro-forma ownership of the business as reflected in its
			 ownership documents.
2. Each
			 disabled veteran owner shares in all risk and profits commensurate with his or
			 her ownership interest as demonstrated by a detailed examination of the
			 substance of his or her business arrangements with others.
3. Each disabled veteran 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 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.25 - Documentation of ownership

Current through June 24, 2024
(1)
(a) An applicant shall submit documentation
			 showing ownership of at least 51 percent of the business by a disabled veteran.
			 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 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.28 - Determination of control

Current through June 24, 2024
(1) Factors that
			 the department may consider in determining whether one or more disabled veteran
			 owners control a business include 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 disabled veteran owners on the board of
			 directors.
(c) Holdings by disabled
			 veteran owners of the voting interests in the business.
(d) The managerial experience, knowledge and
			 expertise of the disabled veteran owners in such areas as finance, budgeting,
			 personnel, production, marketing and research.
(e) Whether the disabled veteran owners have
			 the authority to make policy decisions in such areas as finance, budgeting,
			 personnel, production, marketing and research.
(f) Whether the daily business operations are
			 controlled by one or more duly authorized representatives of one or more
			 disabled veterans.
(g) Whether the
			 disabled veteran owners or their duly authorized representatives are
			 substantially unconnected with the principal place of business, such as by
			 being incarcerated.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.29 - Documentation of control

Current through June 24, 2024
(1) An applicant
			 shall submit evidence that one or more disabled veteran owners or their duly
			 authorized representatives have control over the business. The evidence may
			 include any of 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
			 disabled veteran owner or his or her duly authorized representative from
			 exercising control of the business.
(f)
1.
			 Documentation, such as résumés, showing that the disabled veteran
			 owners or their duly authorized representatives 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
			 disabled veteran is starting a disabled veteran-owned business, financial
			 adviser, or investment firm.
(g) Documentation establishing the
			 representation authorization prescribed in s.
			 45.04(1)
			 (a), Stats., if another person is acting for
			 the disabled veteran.
Note: Section
				45.04(1)
				(a) of the Statutes defines "duly authorized
				representative" and is reprinted under section
				Adm
				82.12(20).
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.32 - Determination of active management

Current through June 24, 2024
Factors that the department may consider in determining whether
				one or more disabled veteran owners or their duly authorized representatives
				actively manage a business include the following:
(1) DIRECT OPERATIONAL MANAGEMENT.
(a) The operational management of the
			 disabled veteran owner or his or her duly authorized representative is the
			 demonstrated extent to which the disabled veteran owner or his or her duly
			 authorized representative 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 disabled veteran owner or his or her duly authorized representative, the
			 department may consider each of the following:
1. `Experience.' The disabled veteran owner
			 or his or her duly authorized representative 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 disabled veteran
			 owner or his or her duly authorized representative makes basic decisions
			 pertaining to the daily operation of the business, such as the purchase of
			 goods, equipment, business inventory and services.
b. The disabled veteran owner or his or her
			 duly authorized representative supervises the business's employees.
3. `Technical competence.'
a. The disabled veteran owner or his or her
			 duly authorized representative 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 disabled
			 veteran owner or his or her duly authorized representative has the ability to
			 perform in his or her area of specialty or expertise without substantial
			 reliance upon finances and resources - such as equipment, automobiles and
			 facilities - of entities that are not owned by disabled veterans.
4. `Connection to the principal
			 place of business.' The disabled veteran owner or his or her duly authorized
			 representative is not substantially removed from the principal place of
			 business, such as by being incarcerated.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.33 - Documentation of active management

Current through June 24, 2024
The applicant shall submit evidence that one or more disabled
				veteran owners or their duly authorized representatives 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 disabled veteran owners or their duly authorized
			 representatives have delegated work assignments to the business
			 employees.
(3) Documentation, such
			 as résumés, showing that the disabled veteran owners or their
			 duly authorized representatives 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
			 disabled veteran owner or his or her duly authorized representative,
			 documentation, such as a signed contract, showing that the disabled veteran
			 owners or their duly authorized representatives have the ultimate power to hire
			 and fire that person.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 82 - Disabled Veteran-Owned Business Certification Program › Section Adm 82.36 - Determination of performance of a useful business function

Current through June 24, 2024
Factors that the department may consider in determining whether
				a disabled veteran-owned entity is performing a useful business function
				include 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 shared
			 space, equipment, employees, or other resources, and financing
			 agreements.
(4) Whether the
			 business acts as a conduit to transfer funds to a business that is not owned by
			 a disabled veteran, unless doing so is a normal industry practice.