Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.08 - Selection of operators

Current through June 24, 2024
(1) DEPARTMENT RESPONSIBILITY. The department
				shall select operators for business enterprises from among persons licensed to
				operate business enterprises. The licensee deemed to be best suited for an
				available business enterprise shall be selected. The department may appoint a
				committee of operators and department staff to make a recommendation about the
				best suited licensee for the available business enterprise.
(2) NOTIFICATION OF VACANCIES. The department
				shall notify all licensees in writing of vacancies in business enterprises
				throughout the state with instruction for applying to fill the
				vacancies.
(3) ORDER OF PREFERENCE.
				In selecting an operator for a vacancy, the department shall first consider
				applicants who are currently operators and thereafter applicants who are
				licensees but not currently operators, except that preference shall be given to
				a licensee who was an operator and has requested transfer to a new location in
				accordance with s.
				DWD 60.07(2)
				(b).
(4) METHOD OF NOTIFYING A SUCCESSFUL
				APPLICANT. The department shall notify the successful applicant in writing by
				return receipt requested mail of its offer of a vacant operator position to
				that individual. Within 5 working days after receipt of an offer, the
				successful applicant shall notify the department in writing by return receipt
				requested mail that he or she accepts or refuses the offer. Refusal of an offer
				is final and irrevocable. An applicant who changes his or her mind after
				accepting an offer and who was an operator at another location at the time of
				acceptance is not permitted to recover the operator position vacated upon
				acceptance of the new position unless all affected licensees, the committee and
				the department agree.
(5)
				INVENTORY. When a new operator takes over a business enterprise, the department
				and the operator or the operator's representative shall immediately conduct a
				physical inventory of equipment, accessories and merchandise.
(6) PROBATIONARY PERIOD. All operators shall
				serve a probationary period of 6 months, including operators who have been
				promoted or transferred. The department may shorten the probationary period to
				3 months following an operator's satisfactory management of the business
				enterprise during that period, or the department may lengthen the probationary
				period to one year.
(7)
				CO-MANAGEMENT.
(a)
Definition.
In this subsection, "assessment" means an
				examination of operational requirements that include but are not limited to
				operating hours or days, volume of merchandise sold, number of peak sales
				periods per day, complexity and extensiveness of product line and inventory,
				number of employes, total labor hours per day, ratio of employe hours to
				management hours, sales generated per employe, required management skill level,
				the scope of managerial responsibilities and stipulations of agreement with
				building management.
(b)
Need.
1. A co-manager
				position may be established only when department staff, with participation of
				the committee, determine that an additional operator is necessary to satisfy
				the management needs of the enterprise.
2. Department staff shall determine
				management need on the basis of an assessment of operational requirements
				undertaken with participation of the committee.
3. A new facility shall have an assessment
				before any vacancy is posted. If the need for co-management is uncertain, the
				vacancy announcement shall indicate that co-management may be needed in the
				future.
4. A facility that is
				operational shall have an assessment when department staff determine that an
				assessment is appropriate or when an operator requests an assessment.
(c)
Criteria for
				co-management.
1. At an existing
				facility, a co-manager position may be added when department staff determine it
				is needed for facility management, as identified in one of the following ways:
a. Through an assessment done in accordance
				with par. (b); or
b. Through an
				assessment after department staff have determined that existing management
				deficiencies threaten the ongoing operation of the business.
2. A co-manager position may be
				eliminated only when that position is vacant and department staff, with
				participation of the committee, determine that the management need of the
				business is satisfied without it. This assessment shall indicate the need for
				any additional employe hours with the elimination of the co-manager position.
				The position may not be eliminated if additional employe hours exceed 9 hours
				per day or 45 hours per week.
(d)
Managerial duty list.
1. When a co-manager position is announced,
				the announcement shall contain an existing or proposed managerial duty list.
				The duty list may not be revised while the position is vacant.
2. For a facility opened after June 1, 1994
				the approved co-managers shall submit the managerial duty list to the
				department within 60 days after the opening date of the business. Department
				staff may, within 30 days after receiving the duty list, and with the advice of
				the committee, reject the duty list or require that it be revised. If a
				co-manager disagrees with the action of the department, he or she may file a
				grievance in accordance with s.
				DWD
				60.05.
3.
				For a facility that is in operation on June 1, 1994 the approved co-managers
				shall submit the managerial duty list to the department within 60 days after
				June 1, 1994.
4. Co-managers of a
				business that has had a duty list previously approved by the department may
				revise the duty list, subject to approval of the department. The revised duty
				list shall reflect a new co-manager's previous work experience and shall be
				further revised as his or her skill level progresses. The committee may
				participate in the approval process at the request of an affected operator or
				the department. Within 30 days after receiving a revised duty list, department
				staff may reject that list or require additional changes in it. If a co-manager
				disagrees with the action of the department, he or she may file a grievance
				under s.
				DWD
				60.05. Pending a decision on the grievance, the
				original duty list shall remain in effect except for those items that are not
				in dispute.
(e)
Equal responsibility and equal income sharing.
1. Co-managers shall be equally responsible
				for business operations and for complying with this chapter.
2. Co-managers shall equally share the income
				of the business unless they and the department agree on a different
				distribution or if the effect of equal sharing is to reduce the percentage or
				share of the income of the business received by a co-manager who was a
				co-manager on June 1, 1994.