Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.02 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Active participation" means a formal,
				ongoing process involving the mutual exchange of information and advice in
				regard to planning and review of proposed program policies, standards and
				procedures, with the understanding that only the department has the
				responsibility to administer the program consistent with applicable statutes,
				regulations and this chapter, and that the right of the committee to actively
				participate does not affect that responsibility.
(2) "Blind" has the meaning prescribed in s.
				47.01,
				Stats.
(3) "Business enterprise"
				means a vending facility or other small for-profit enterprise operated by or to
				be operated by one or more blind persons supervised by the
				department.
(4) "Co-manager" means
				an operator who shares the duties and responsibilities of operating a business
				enterprise with another operator or other operators.
(5) "Committee" means a committee of
				operators of supervised business enterprises, the members of which are elected
				to represent all licensees in the state.
(6) "Competency" means fulfilling the
				requirements of this chapter.
(7)
				"Contract" means the agreement between the department and the owner or occupant
				of the premises where the business enterprise is located.
(8) "Department" means the department of
				workforce development.
(9)
				"Division" means the department's division of vocational
				rehabilitation.
(10) "Existing
				management deficiencies" means deficiencies in operational requirements rather
				than in individual operator performance, which may occur when the operator is
				working at full capacity but is unable to fulfill all operational requirements
				of the business.
(11) "Fair value"
				means the price acceptable to the department and the operator, or, when the 2
				parties do not agree, the value as appraised by any person agreed to by both
				parties, in either case taking into account the condition of the equipment, its
				remaining useful life, location, installation and removal costs and other
				relevant factors permitted by law, to arrive at a depreciated price.
(12) "Gross sales" means all revenues
				received from the operation of the business enterprise, including those
				assigned to the operators by the department.
(13) "License" means a written document
				issued by the department to a blind person, authorizing the blind person to
				operate a business of the type named in the document.
(14) "Licensee" means a person eligible to
				become the operator of a business enterprise.
(15) "Managerial duty list" or "duty list"
				means a comprehensive descriptive statement of the co-managers' shared and
				individual duty assignments and mutual performance expectations.
(16) "Management need" means the number of
				operators necessary to maintain or improve efficiency, profits or food handling
				and safety.
(17) "Management
				services" means supervision, inspection, quality control, consultation,
				accounting, regulating, inservice training and other services provided on a
				systematic basis to support and improve business enterprises.
(18) "Net proceeds" means the amount
				remaining from the sale of articles or services of business enterprises and any
				vending machine or other income accruing to an operator, after deducting the
				cost of the sales and other expenses but excluding set-aside charges required
				to be paid by the operator.
(19)
				"Operator" means a blind licensee who is operating a supervised business
				enterprise on federal or other property.
(20) "Operator's agreement" means the
				document issued by the department that authorizes an operator to conduct
				business at a specific location.
(21) "Permit" means the agreement with the
				controlling body or organization of the federal building or other property in
				which the business enterprise is located.
(22) "Randolph-Sheppard Act" means
				20 USC
				107.
(23) "Set-aside" means the money collected by
				the department from operators, based on a percentage of net proceeds, to be
				used for purposes stated in s.
				DWD
				60.11(4).
(24) "Vendor-owner" means a business
				enterprise operator who has exercised the option to purchase the stock and
				equipment of the business enterprise.