reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.03 - Certification criteria

Current through June 24, 2024
In order to be certified as a minority business enterprise, a
				business shall meet the following eligibility standards:
(1) Be at least 51% owned, controlled and
			 actively managed by one or more minority group members.
(a) In a sole proprietorship, the sole
			 proprietor shall be a minority.
(b)
			 In a partnership, the minority owner or owners shall act as general partner,
			 own at least 51% of the partnership interest, and exert at least 51% of the
			 control and management of the partnership.
(c) In a corporate form of organization, the
			 minority owner or owners shall own at least 51% of all outstanding stock,
			 including voting stock, of the corporation. Any voting agreements, voting
			 trusts, loan agreements, or shareholder agreements among the shareholders shall
			 not dilute the beneficial ownership, the rights or the influence of the
			 minority owners of the stock or classes of stock of the corporation.
(d) In a joint venture, the minority owned
			 business shall hold at least 51% of the beneficial ownership interest in the
			 joint venture, and shall exert at least 51% of the control and management of
			 the joint venture. The minority owned business partner of the joint venture
			 shall be certified or be eligible for certification as a minority business
			 enterprise.
(e) In a subsidiary or
			 affiliate, the parent company shall be at least 51% owned by a minority owner
			 or owners.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.04 - Determination of minority status

Current through June 24, 2024
The department shall require an individual to provide evidence
				of ethnic or racial heritage in one or more of the minority groups defined in
				s.
				Adm
				84.02(29).
(1) When available, such evidence shall
			 include one or more of the following:
(a)
			 Birth certificates, American Indian tribal registrations, naturalization
			 certificates and permanent residence certificates.
(b) Birth certificate or official record of
			 blood parent or grandparent claimed in substantiation of the minority status of
			 the individual.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.05 - Determination of ownership

Current through June 24, 2024
An applicant shall meet the following standards in order to
				satisfy the ownership requirement:
(1)
			 Minority persons must legitimately hold at least 51% of the beneficial
			 ownership interests in the business.
(2) The minority ownership's interest in the
			 firm shall be real, substantial and continuing. Such interest shall include:
(a) A risk of loss and share of profit
			 commensurate with the proportional ownership; and,
(b) Receipt of 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 84 - Minority business certification program › Section Adm 84.06 - Documentation of ownership

Current through June 24, 2024
The department shall require documentation of the ownership of
				at least 51% of the business by a minority owner or owners:
(1) Documentation may include, but is not
			 limited to, the following: current business income tax return, current business
			 financial statement, business licenses, buy-out agreements and financial
			 agreements.
(a) In the case of a sole
			 proprietorship, additional documentation may include, but is not limited to,
			 canceled checks used to purchase ownership.
(b) In the case of a partnership, additional
			 documentation may include, but is not limited to, partnership agreements,
			 purchase agreements, salary and profit sharing records.
(c) In the case of a corporation, additional
			 documentation may include, but is not limited to, articles of incorporation,
			 corporate by-laws, corporate borrowing resolution, stock certificates, stock
			 affirmation forms, salary and profit sharing records.
Note:
A stock affirmation form may be obtained, at
				no charge, from: WI Supplier Diversity Program, Department of Administration,
				P.O. Box 7970, Madison, WI 53707-7970.
(d) In the case of a joint venture,
			 additional documentation may include, but is not limited to, a joint venture
			 agreement which is written and signed by all of the joint venturers. Each joint
			 venture agreement shall specify:
1. The
			 capital contribution made by each joint venturer; the control each will
			 exercise; and the distribution of profit and loss. Each of these elements must
			 be allocated in proportion to their contribution; and
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 84 - Minority business certification program › Section Adm 84.07 - Determination of control

Current through June 24, 2024
(1) Factors which
			 shall be considered in determining whether the applicant meets the control
			 requirement 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 minority persons on the board of directors.
(c) Holdings by minority persons of the
			 voting interests in the firm.
(d)
			 The managerial experience, knowledge and expertise of the minority owner or
			 owners in such areas as finance, budgeting, personnel, production, marketing
			 and research.
(e) Whether the
			 minority owner or owners have the authority to make policy decisions in such
			 areas as finance, budgeting, personnel, production, marketing and
			 research.
(f) The existence of
			 working agreements with nonminority firms.
(g) The existence of restrictive financing
			 agreements with nonminority firms or financial institutions which impose undue
			 limitations on the minority firm.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.08 - Documentation of control

Current through June 24, 2024
The department shall require evidence that the minority owner
				or owners have at least 51% control over the business. Such evidence may
				include, but is not limited to, the following:
(1) Documentation that the minority owner or
			 owners have the authority to:
(a) Solicit,
			 negotiate and sign bids and contracts.
(b) Incur liabilities for the firm.
(c) Make final staffing decisions.
(d) Control savings, checking and other
			 financial accounts.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.09 - Determination of active management

Current through June 24, 2024
(1) Factors which
			 shall be considered in determining whether the applicant meets the active
			 management requirement include, but are not limited to, the following:
(a) Whether the minority owner or owners are
			 responsible for making business decisions affecting the day-to-day operations
			 of the firm, such as the purchase of goods, equipment, business inventory and
			 services.
(b) Whether the minority
			 owner or owners have the responsibility for the supervision of the firm's
			 employees.
(c) Whether the minority
			 owner or owners have a working knowledge of the technical requirements of the
			 business.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.10 - Documentation of active management

Current through June 24, 2024
(1) The department
			 shall require evidence that the minority owner or owners actively manage the
			 business. Such evidence may include, but is not limited to, the following:
(a) Signed purchase orders, invoices and
			 contracts.
(b) Evidence that the
			 minority owner or owners have delegated work assignments to the firm's
			 employees.
(c) Documentation, such
			 as a resume, that the minority owner or owners have the education or work
			 experience in the skill areas required to produce the product or service
			 provided by the business.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.11 - Determination of performance of a useful business function

Current through June 24, 2024
Factors which shall be considered in determining whether the
				applicant 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' 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 which 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 nonminority business,
			 unless doing so is a normal industry practice.
Brokering arrangements are an example of the type of business
				  activity which might be considered to be acting as a conduit. However, if such
				  brokering arrangements are prevalent within the industry, such as in the oil
				  distribution industry, the department would not consider the business to be
				  acting as a conduit.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.12 - Documentation of performance of a useful business function

Current through June 24, 2024
The department shall require evidence that the business is
				performing a useful business function. Such evidence may include, but is not
				limited to, the following:
(1)
			 Contracts, purchase orders, invoices and other documents demonstrating that the
			 business has customers other than the state.
(2) Evidence that the quantity, type and
			 condition of the business' equipment and inventory are adequate to carry out
			 its business functions.
(3) Loan
			 and other financing agreements, leases, employee contracts, payroll records and
			 other documents demonstrating that the business relationships with a
			 nonminority business 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 84 - Minority business certification program › Section Adm 84.13 - Special circumstances

Current through June 24, 2024
Any one of the following circumstances creates a presumption
				that the minority business does not satisfy the eligibility standards for
				certification as a minority business enterprise. In such instances, the
				applicant has the burden of establishing to the department's satisfaction that
				the minority owner or owners meet the eligibility standards despite the
				existence of one or more of the following factors:
(1) Firms formed within one year prior to an
			 application for certification.
(2)
			 Firms whose ownership or control has changed within one year prior to an
			 application for certification.
(3)
			 Transfers of shares of stock from nonminorities to minorities that occur within
			 one year prior to an application for certification.
(4) Firms with authorized but unissued shares
			 which, if issued, could result in less than 51% minority ownership of the
			 business or in less than dominant control by minority owners.
(5) Firms subject to conversion rights which,
			 if exercised, would result in less than 51% minority ownership of the business
			 or in less than dominant control by minority owners.
(6) Firms in which one or more of the
			 minority owners is a former or current employee of a nonminority person or
			 business firm which has an ownership interest in or a business relationship
			 with the applicant firm, particularly if the nonminority person or firm is in a
			 substantially similar line of business.
(7) Firms whose directors, management or
			 both, are substantially the same as those of a nonminority firm which has an
			 ownership interest in, an investment in, or a business relationship with the
			 applicant firm, particularly if the nonminority firm is in a substantially
			 similar line of business.
(8) Firms
			 which share indistinguishable facilities, such as office space, production,
			 distribution or storage facilities, machinery and equipment or employees with a
			 nonminority firm.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.14 - Certification procedure for Wisconsin businesses

Current through June 24, 2024
(1)  CERTIFICATION
			 PROCEDURE.
(a) Any business that meets the
			 standards for certification may file an official application with the
			 department
Note:
Application forms are available from and
				should be submitted to: WI Supplier Diversity Program, Department of
				Administration, P.O. Box 7970, Madison, WI 53707-7970.
(b) Upon receipt of the application, the
			 department shall review the application for completeness and for compliance
			 with the requirements of s.
			 16.287,
			 Stats., and s.
			 Adm
			 84.03.
(c)
			 The department may request applicants to provide additional information or
			 documentation to provide clarification and substantiation of or to resolve any
			 ambiguities or inconsistencies in their application form.
(d) The department may impose a time limit of
			 not less than 30 days in which the applicant must provide the requested
			 information. A reasonable extension may be given by the department for good
			 cause shown by the applicant. Requests for time extensions should be made to
			 the program and should specify the length of time for which the extension is
			 being requested and the reasons for the request.
(e) The department may conduct an on-site
			 visit of the applicant's operations. The on-site visit may be scheduled or
			 unannounced. The visit may include, but is not limited to, the following:
1. A discussion of business operations with
			 the owners;
2. An examination of
			 the applicant's physical plant, inventory, machinery and equipment, financial
			 records, customer accounts, and legal records.
3. A review of the business organizational
			 structure, management responsibilities and labor force
			 characteristics.
(f)
			 After reviewing and evaluating the entire application, the department shall
			 issue either a notice of certification or a notice of intent to deny
			 certification stating the reasons for denial and offering the applicant the
			 opportunity for an informal hearing under s.
			 Adm
			 84.18.
(g)
			 Applicants shall have 30 days from the date of the department's notification of
			 intent to deny certification to submit a written request for an informal
			 hearing. If no request for an informal hearing is made, the determination to
			 deny certification shall become final and a final notice of denial shall be
			 sent to the applicant within 30 days. The notice shall state the reason for
			 denial and notify the applicant of its appeal rights under ch. 227, Stats., and
			 s.
			 Adm
			 84.19.
(h)
			 Each applicant denied certification may reapply for certification no earlier
			 than 12 months from the date of the final notice of denial of certification.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.15 - Procedure for certification renewal

Current through June 24, 2024
(1) To maintain its
			 minority business enterprise status, a business must renew its certification
			 prior to the designated expiration date. Failure to do so shall result in
			 decertification.
Note: The purpose of the certification renewal process is to
				review a business' circumstances, organization, ownership, control and
				management to ensure that it continues to satisfy the eligibility requirements
				for certification as a minority business enterprise.
(2) The department shall send the business a
			 certification renewal application form at least 60 days prior to the expiration
			 date of its certification.
(3) The
			 completed renewal application form must be returned to the department within 30
			 days of receipt. A reasonable extension may be given by the department for good
			 cause shown by the business. Requests for time extensions should be made to the
			 program and should specify the length of time for which the extension is being
			 requested and the reason for the request.
(4) The certification procedures described in
			 s.
			 Adm
			 84.14 shall be followed for processing renewal
			 applications.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.16 - Decertification criteria

Current through June 24, 2024
(1) The department
			 may decertify a business which it finds no longer qualifies as a minority
			 business enterprise under s.
			 Adm 84.03.
			 Sufficient reasons for decertification include the following:
(a) The status of the minority business has
			 changed to the extent that it no longer satisfies the requirement of ownership,
			 control and active management of the business or the requirement of performance
			 of a useful business function.
(b)
			 The minority business fails to submit an application for certification renewal
			 within the allotted time period.
(c) The minority business fails to comply
			 with a reasonable request from the department for records or information within
			 the allotted time period.
(d) The
			 minority business knowingly provides false or misleading information in support
			 of its renewal application or in response to the department's request for
			 records or information.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.17 - 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
			 certified minority business enterprise to verify that it qualifies for
			 certification
(b) Any individual or
			 firm who believes that a business certified as a minority business enterprise
			 does not qualify under the standards of eligibility for certification may
			 request a decertification investigation by the department. Such requests must
			 be written and signed and must contain specific identification of the affected
			 business, and the basis for the belief that it does not meet the eligibility
			 standards. After reviewing the request, the department shall decide either to
			 conduct a review of the minority business enterprise or to allow the
			 certification to stand. The department's decision may not be appealed by a
			 third party.
Note:
Written requests for decertification
				investigations should be sent to: WI Supplier Diversity Program, Department of
				Administration, P.O. Box 7970, Madison, WI 53707-7970.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.18 - Informal hearing procedure

Current through June 24, 2024
(1) Any business
			 which has received a notice of intent to deny certification, to deny renewal of
			 certification or to decertify, may submit a written request for an informal
			 hearing. The request shall be received by the department within 30 days of the
			 mailing date of the notification. The request shall set forth the grounds on
			 which the business believes the decision is in error including any additional
			 information which the business has to offer. The written request for an
			 informal hearing shall be submitted to: Administrator, Division of Enterprise
			 Operations, Department of Administration, P.O. Box 7867, Madison, WI 53707. A
			 copy of the request shall be filed simultaneously with the program.
(2) The department shall schedule an informal
			 hearing within 30 days of receipt of the request. Written notice of the
			 scheduled hearing date shall be sent to all interested parties at least 10 days
			 prior to the hearing date and shall specify the date, time and location of the
			 hearing. Interested parties shall include all persons who signed the
			 application for certification or certification renewal.
(3) The hearing shall be conducted on an
			 informal basis.
(4) Within 30 days
			 of receiving the request for a hearing, the administrator shall notify the
			 business in writing of his or her final decision.
(5) If the final decision is to grant
			 certification, the department shall immediately certify the business. If the
			 final decision is to deny certification or certification renewal, or to
			 decertify, the business shall be notified of the final decision and the reasons
			 therefore. It shall also be notified of its appeal rights under ch. 227,
			 Stats., and s.
			 Adm
			 84.19.
(6)
			 Once the department has made a final decision on certification, recertification
			 or decertification, that determination goes into effect immediately. If a
			 business that has been denied certification or recertification or has been
			 decertified appeals the department's decision, the department's decision
			 remains in effect until the decision is reversed as a result of the appeals
			 process.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.19 - Appeal procedure

Current through June 24, 2024
(1) Any business which has been denied
			 certification or certification renewal or which has been decertified may submit
			 a written request for a formal hearing under ch. 227, Stats. The request shall
			 be received by the department within 30 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 including any additional
			 information which the business has to offer. The written request for a formal
			 hearing shall be submitted to: Office of the Secretary, Department of
			 Administration, P.O. Box 7864, Madison, WI 53707. A copy of the request shall
			 be filed simultaneously with the program.
(2) The department shall schedule the formal
			 hearing. Written notice of the scheduled hearing shall be sent to all
			 interested parties at least 10 days prior to the hearing date, and shall
			 specify the date, time and location of the hearing. Interested parties shall
			 include all persons who signed the application for certification or
			 certification renewal.
(3) The
			 hearing shall be conducted pursuant to ch. 227, Stats. Both the business and
			 the department shall have the right to present evidence, subpoena witnesses and
			 records, and cross-examine witnesses. The firm and the department may be
			 represented by counsel.
(4) At the
			 conclusion of the hearing, the department shall issue a decision based on
			 findings of fact and conclusions of law.
(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) The department shall notify the affected
			 business and the departments of administration and transportation of the final
			 decision regarding renewal of certification or decertification.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.20 - Notification of changes in application information

Current through June 24, 2024
(1) A business must
			 notify the program in writing of any change in the information contained in an
			 application for certification or certification renewal within 30 days of the
			 change or before bidding on a state contract, whichever is earlier.
(2) The department shall, within 15 days,
			 send the business a written notification of its determination that either:
(a) The change is not material and the
			 certification of the business continues; or
(b) The change is material and warrants a
			 review of the status of the business.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.21 - Certification of a minority business by another public agency or a private business

Current through June 24, 2024
(1) In this section, "private business" means
			 a for-profit business or a non-profit organization.
(2) The department may waive some or all of
			 the certification application requirements and procedures under s.
			 Adm
			 84.14 for an applicant who is already certified by a
			 state, federal or local agency or a private business if the department
			 determines that the agency's or business's certification procedure is
			 substantially equivalent to its own.
(3) In determining whether an agency's or a
			 private business's certification procedure is substantially equivalent to its
			 own, the department shall consider factors which include, but are not limited
			 to, the following:
(a) The documentation the
			 applicant is required to provide;
(b) Whether an on-site visit is performed;
			 and
(c) The length of time for
			 which certification is effective.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.22 - Certification criteria for non-Wisconsin businesses

Current through June 24, 2024
(1) The department
			 may certify a non-Wisconsin business if it meets the eligibility standards
			 under s.
			 Adm 84.03,
			 and if it meets either of the following 2 conditions:
(a)
Substantially equivalent program
			 condition.
The state in which the business is incorporated or has its
			 principal place of business has a statutory minority business procurement
			 program; Wisconsin minority firms would be allowed to participate in that
			 program; and the business qualifies for participation in that program under a
			 certification procedure which the department determines is substantially
			 equivalent to its own certification procedure; or
(b)
Business capability
			 condition.
The department determines that, with respect to a
			 particular product or service, there are not enough Wisconsin minority
			 businesses to enable the state to meet the goals of its minority business
			 procurement program.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.23 - Certification procedure for non-Wisconsin businesses

Current through June 24, 2024
(1) For applicants
			 certified by a state which the department determines meets the substantially
			 equivalent program condition in s.
			 Adm
			 84.22(1) (a), the department may
			 require the applicant to 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 or
			 certification renewal;
(c)
			 Documentation that the minority owner or owners meet the definition of minority
			 as defined in s.
			 Adm
			 84.02(29).
(d) The department may request the applicant
			 to furnish additional information or documentation. The department may also
			 request information from the certifying state, including a copy of the on-site
			 visit report.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.24 - Certification criteria for for-profit corporations owned by a non-profit organization

Current through June 24, 2024
(1) The department may certify a for-profit
			 corporation owned by a non-profit organization if the department determines
			 that the non-profit organization is minority-controlled and managed. Factors
			 which 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 non-profit organization are
			 minorities;
(b) At least 51% of the
			 board of directors or trustees of the non-profit organization are
			 minorities;
(c) The minutes of the
			 organization's meetings document the active control and participation of the
			 minority members of the board in such areas as setting and monitoring financial
			 policy, personnel policy, and program policy;
(d) The non-profit organization is
			 independent of control or substantial influence by a nonminority non-profit or
			 for-profit organization. The non-profit minority organization shall be
			 rebuttably presumed to be dependent on a nonminority organization if it shares
			 office space, staff, equipment or other resources with a nonminority for-profit
			 or non-profit organization or receives the majority of its funding from a
			 single nonminority organization.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 85 - Rural Hospital Loan Guarantee Program › Section Adm 85.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish a procedure for the
				administration of those aspects of rural hospital loan guarantees made by the
				Wisconsin health and educational facilities authority which relate to the
				following:
(1) The form of the loan
			 guarantee agreement.
(2) The
			 conditions upon which the authority may enter into a loan guarantee
			 agreement.
(3) The procedures for
			 making a demand for payment under a loan guarantee agreement, or for payment by
			 the authority under such an agreement, in the event of a default of a
			 guaranteed loan.
(4) The basis for
			 determining whether the guarantee is a guarantee for collection or
			 payment.
(5) The procedures by
			 which the authority shall carry out a loan guarantee agreement.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 85 - Rural Hospital Loan Guarantee Program › Section Adm 85.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Authority" means the Wisconsin health and educational facilities
			 authority.
(2) "Borrower" means a
			 person identified in s.
			 231.35(2) (a) or
			 (b), Stats., who is seeking to have a loan
			 guaranteed by the authority.
(3)
			 "Guarantee of collection" means a loan guarantee under which the authority
			 agrees to pay according to the terms of the guarantee agreement if the
			 instrument is not paid when due and the participating lender has pursued all
			 reasonable efforts relative to collection.
(4) "Guarantee of payment" means a loan
			 guarantee under which the authority agrees to pay according to the terms of the
			 guarantee agreement if the instrument is not paid when due.
(5) "Participating lender" has the meaning
			 contained in s.
			 231.35(1)
			 (c), Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 85 - Rural Hospital Loan Guarantee Program › Section Adm 85.03 - Guarantee agreement

Current through June 24, 2024
Each guarantee agreement entered into between the authority and
				a participating lender shall be in such form as the authority shall provide in
				the manual prepared according to s.
				Adm
				85.07, and shall contain provisions that address each
				of the following:
(1) The principal
			 amount of the loan and the portion of the principal amount that will be
			 guaranteed.
(2) The loan servicing
			 responsibilities of the participating lender.
(3) The loan collection and enforcement
			 responsibilities of the participating lender.
(4) Any limitations on the rate of interest
			 charged to or the timing of interest payments required of the
			 borrower.
(5) The term of the
			 guarantee agreement.
(6) The
			 conditions under which a guarantee shall be paid and the procedures for making
			 a demand for payment.
(7) Any bond
			 or insurance required of the participating lender in order to protect the
			 authority from loss under the agreement.
(8) Any note, mortgage, other security
			 agreements or other loan documents required to be provided by the participating
			 lender to the authority.
(9) The
			 need for any multi-party agreements between the borrower, the participating
			 lender, the community or other guarantor, and the authority.
(10) Any limitations on the right of the
			 participating lender to alter the terms of the original loan that is guaranteed
			 under the agreement.
(11)
			 Conditions under which the authority may terminate the agreement.
(12) The rights of the authority to enforce
			 the agreement and the remedies available to it in case of a breach of the
			 agreement.
(13) Any reporting
			 requirements of the participating lender to the authority.
(14) The right of the authority to examine
			 documents in the possession of the participating lender related to the loan
			 that is guaranteed under the agreement.
(15) Any fee charged by the authority to the
			 participating lender for the loan guarantee.
(16) Any limitation on assignment of the
			 participating lender's interest in the loan.
(17) Sharing of repayment proceeds and
			 collateral between the participating lender and the authority.
(18) Such other items as are necessary to
			 produce a complete guarantee agreement between the participating lender and the
			 authority.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 85 - Rural Hospital Loan Guarantee Program › Section Adm 85.04 - Conditions necessary for guarantee agreement

Current through June 24, 2024
Before it may enter in to a loan guarantee agreement with a
				participating lender, the authority shall find that the following conditions
				exist:
(1) That the borrower has
			 demonstrated a reasonable ability to repay the loan.
(2) That the availability of the guarantee
			 either reduces the cost of the loan to the borrower or increases access to
			 capital for the borrower.
(3) That
			 the borrower has or will obtain the legal authority necessary to construct,
			 operate and maintain the facility and to incur and repay the debt.
(4) That the participating lender employs
			 normal and prudent loan processing procedures in relation to its evaluation of
			 the borrower's loan proposal.
(5)
			 That the term of the loan does not exceed the useful life of the facility or
			 equipment to be financed with the loan proceeds.
(6) That adequate security is available to
			 reasonably ensure the authority from loss under the guarantee
			 agreement.
(7) That the guarantee
			 amount requested does not exceed the amount in the appropriation under s.
			 20.440(2),
			 Stats., available after subtracting outstanding loan guarantee
			 commitments.
(8) That the proposed
			 loan and guarantee agreement comply with all of the applicable provisions of s.
			 231.35,
			 Stats., and this chapter.
(9) That
			 the reserve account required under s.
			 Adm
			 85.08 is or will be established.
(10) That the community or other third party
			 has or will provide a guarantee of not less than 20% of the original loan
			 principal.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 85 - Rural Hospital Loan Guarantee Program › Section Adm 85.05 - Demand for payment procedures

Current through June 24, 2024
The procedures for making a demand for payment under a loan
				guarantee agreement and for payment by the authority under such an agreement in
				the event of a default of a guaranteed loan shall be contained in the guarantee
				agreement between the participating lender and the authority.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 85 - Rural Hospital Loan Guarantee Program › Section Adm 85.06 - Guarantee of collection and guarantee of payment

Current through June 24, 2024
The guarantee agreement between the authority and the
				participating lender shall be a guarantee of collection unless in the judgment
				of the authority, a guarantee agreement that provides for a guarantee of
				payment results in substantial improvement in the loan terms that can be
				obtained by the borrower.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 85 - Rural Hospital Loan Guarantee Program › Section Adm 85.07 - Manual

Current through June 24, 2024
The authority shall prepare a manual that can be updated as
				needed and that contains the procedures for submitting a loan guarantee
				application, the information required to be submitted with the application,
				sample loan guarantee contracts, sample multi-party agreements, and the
				procedures the authority shall employ to carry out a loan guarantee
				agreement.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 85 - Rural Hospital Loan Guarantee Program › Section Adm 85.08 - Reserve fund

Current through June 24, 2024
(1) The reserve fund required to be
			 established by the borrower under s.
			 231.35(3)
			 (i), Stats., shall be deposited in an account
			 controlled by the authority.
(2) If
			 a guarantee is required to be paid under the terms of an agreement entered into
			 between the authority and a participating lender, payment shall first be made
			 out of the account established under sub. (1). If payment is still required
			 under the terms of the agreement after the account established under sub. (1)
			 is depleted then payment shall next be made by the authority under the
			 guarantee established pursuant to s.
			 231.35(4)
			 (a), Stats. If payment is still required
			 under the terms of the agreement after the guarantee established pursuant to s.
			 231.35(4)
			 (a), Stats., is depleted then, the remaining
			 required payment shall be made under the guarantee established by the community
			 or another third party pursuant to s.
			 231.35(3)
			 (g), Stats.
(3) All principal and interest in the account
			 established under sub. (1) that has not been required to be spent under sub.
			 (2) shall be returned to the borrower no later than 60 days after the loan has
			 been completely repaid.
The hospital loan guarantee program manual may be obtained at
				  no charge from the Wisconsin Health and Educational Facilities Authority, 18000
				  W. Sarah Lane, Suite 300, Brookfield, WI
				  53045.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 86 - Shelter For Homeless Persons › Section Adm 86.01 - Introduction

Current through June 24, 2024
(1) AUTHORITY AND PURPOSE. This chapter is
			 promulgated under the authority of s.
			 16.308(4),
			 Stats., for the purpose of establishing criteria and procedures for the award
			 of grants to agencies providing shelter to homeless persons.
(2) TO WHOM THE CHAPTER APPLIES. This chapter
			 applies to the department and to county, municipal and federally-recognized
			 tribal governing bodies and agencies, community action agencies and non-profit
			 organizations providing shelter for homeless persons.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 86 - Shelter For Homeless Persons › Section Adm 86.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Applicant" means a shelter agency or lead agency applying for a grant under s.
			 16.308,
			 Stats., and this chapter.
(2)
			 "Department" means the Wisconsin department of administration.
(3) "Homeless person" means a person who has
			 no place to stay and states that he or she does not have the financial means to
			 purchase lodging.
(4) "Lead agency"
			 means a department-designated applicant that submits a joint application on
			 behalf of all Dane county or Milwaukee county shelter agencies that wish to
			 apply for grants under this chapter.
(5) "Shelter" means temporary lodging for
			 homeless persons.
(6) "Shelter
			 agency" means an agency that operates a shelter facility or a voucher program,
			 or both, or that purchases shelter for homeless persons from a shelter
			 facility.
(7) "Shelter day" means
			 shelter provided to one homeless person for one night or for a full 24-hour
			 period.
(8) "Shelter facility"
			 means a place of temporary lodging which provides shelter without charge to
			 homeless persons.
(9) "Shelter
			 service" means a place to stay and related services provided by a shelter
			 agency to homeless persons. "Related services"may include meals, intake,
			 assessment, information and referral and housing counseling.
(10) "Voucher program" means a program that
			 provides funds for the purchase of shelter for homeless persons.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 86 - Shelter For Homeless Persons › Section Adm 86.03 - Application for a grant

Current through June 24, 2024
(1) The department shall solicit applications
			 for grants under s.
			 16.308,
			 Stats., and this chapter.
(2) An
			 applicant shall submit a complete application to the department on a form
			 provided by the department and shall include all other supporting documents
			 required by the department to determine the applicant's eligibility under s.
			 Adm
			 86.04.
(3)
			 An applicant shall submit with its application a proposed operating budget for
			 the calendar or fiscal year for which funding is requested. The proposed
			 operating budget shall itemize all anticipated sources and amounts of revenue,
			 including the value of donated goods and services, and all anticipated
			 expenditures.
Copies of the form, "Homeless Shelter Subsidy Program
				  Application," can be obtained by writing: Department of Administration, P.O.
				  Box 7970, Madison, WI 53707.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 86 - Shelter For Homeless Persons › Section Adm 86.04 - Criteria for determining eligibility for a grant

Current through June 24, 2024
An applicant, including all shelter agencies participating in
				the application, shall meet the following requirements to be eligible for a
				grant:
(1) TYPE OF APPLICANT. The
			 applicant shall be:
(a) A county or municipal
			 governing body or a federally recognized tribal agency;
(b) A community action agency, as defined in
			 s.
			 49.265(2)
			 (a), Stats., or
(c) A nonprofit organization, as defined in
			 s.
			 108.02(19),
			 Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 86 - Shelter For Homeless Persons › Section Adm 86.05 - Criteria for awarding grants

Current through June 24, 2024
(1) METHOD FOR
			 DISTRIBUTING GRANTS.
(a)
1. Funds allocated under s.
			 16.308(2)
			 (b) 1 and 2., Stats., for eligible applicants
			 in Dane county and Milwaukee county shall be distributed in each of those
			 counties through a department-designated lead agency representing all eligible
			 shelter agencies in the county applying for funds under this chapter, in
			 accordance with s.
			 16.308(3)
			 (am) 3 and 4., Stats.
2. The lead agency shall distribute all funds
			 received under s.
			 16.308,
			 Stats., to eligible shelter agencies within the same county under the
			 conditions described in its application. Those conditions shall meet all
			 requirements under this chapter and s.
			 16.308,
			 Stats. The application shall be signed by all the shelter agencies in the
			 county applying for funds.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 87 - Housing Assistance Program › Section Adm 87.02 - Definitions

Current through June 24, 2024
(1) "Department" means the department of
			 administration.
(2) "SAFAH" means
			 Title IV of the Stewart B. McKinney Homeless Assistance Act of 1988,
			 42 USC
			 11381-
			 11388.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 87 - Housing Assistance Program › Section Adm 87.03 - Grant awards

Current through June 24, 2024
(1) The department may use funds available
			 under s.
			 16.306, Stats., to
			 provide funds to eligible organizations in compliance with
			 42 USC
			 11381-
			 11388.
(2) The department shall select eligible
			 organizations to participate in this program for grants awarded before July 1,
			 1992, based upon statutory requirements and the following criteria:
(a) The ability of the eligible applicant to
			 provide services required for the SAFAH program.
(b) The extent to which the eligible
			 applicant is able to coordinate with other local agencies to provide job
			 training, counseling, day care and other supportive services.
(c) The applicant's history relative to
			 implementation of housing programs.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 88 - Local housing organization grant program › Section Adm 88.02 - Definitions

Current through June 24, 2024
The following terms are used throughout this chapter and s.
				16.305,
				Stats., and are defined as follows:
(1) "Department" means the department of
			 administration.
(2) "Household"
			 means an individual, persons, or a family currently occupying or planning to
			 occupy a residence.
(3) "Low
			 income" means gross annual household income at or below 50% of county median
			 income adjusted for household size.
(4) "Moderate income" means gross annual
			 household income of greater than 50% but not more than 80% of county median
			 income adjusted for household size.
Note: County median income tables are published annually by the
				U.S. department of housing and urban development for metropolitan statistical
				areas and nonmetropolitan counties.
(5) "Organized primarily to provide housing
			 opportunities" means that the organization has as one of its official major
			 goals the improvement of living conditions for low or moderate income
			 households.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 88 - Local housing organization grant program › Section Adm 88.03 - Grant awards

Current through June 24, 2024
(1) Grant awards shall be provided to assist
			 organizations in improving their capacity to develop or improve housing
			 opportunities for low or moderate income households, with an emphasis on
			 assisting low-income households.
(2) Grant awards may not be used to pay for
			 any of the following:
(a) Capital
			 improvements to housing units.
(b)
			 Costs incurred in the preparation of grant applications under this
			 chapter.
(c) Costs incurred prior
			 to the start date of the contract period.