Chapter Adm 82

Adm 82.29(2)(b) (b) Signature responsibility for insurance or bonds.

Adm 82.29(2)(c) (c) Authority to negotiate and execute contracts and financial services agreements.

Adm 82.29(2)(d) (d) Ability to obtain bank authorization resolutions.

Adm 82.29(3) (3) Agreements for support services are permitted as long as the power of the disabled veteran owner or his or her duly authorized representative to control the company is not restricted or impaired, as determined by the department.

Adm 82.29 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.32 Adm 82.32 Determination of active management. 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:

Adm 82.32(1) (1) Direct operational management.

Adm 82.32(1)(a) (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.

Adm 82.32(1)(b) (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:

Adm 82.32(1)(b)1. 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.

Adm 82.32(1)(b)2. 2. ‘Responsibility for decision-making.’

Adm 82.32(1)(b)2.a. 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.

Adm 82.32(1)(b)2.b. b. The disabled veteran owner or his or her duly authorized representative supervises the business’s employees.

Adm 82.32(1)(b)3. 3. ‘Technical competence.’

Adm 82.32(1)(b)3.a. 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.

Adm 82.32(1)(b)3.b. 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.

Adm 82.32(1)(b)4. 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.

Adm 82.32(2) (2) Delegated operational management. 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, the active-management requirements may be met if the disabled veteran owner or his or her duly authorized representative has the ultimate power to hire and fire that person.

Adm 82.32(3) (3) Potential constraints on operational management. In reviewing governance documents and issues, the department shall give special attention to the extent to which all of the following aspects affect the ability of the disabled veteran owner or his or her duly authorized representative to direct the management and policies of the business:

Adm 82.32(3)(a) (a) The composition of the business’s governing body.

Adm 82.32(3)(b) (b) The functioning of the governing body.

Adm 82.32(3)(c) (c) The content of shareholder’s agreements, bylaws, or state incorporation statutes.

Adm 82.32 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.33 Adm 82.33 Documentation of active management. 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:

Adm 82.33(1) (1) Signed purchase orders, invoices and contracts.

Adm 82.33(2) (2) Evidence that the disabled veteran owners or their duly authorized representatives have delegated work assignments to the business employees.

Adm 82.33(3) (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.

Adm 82.33(4) (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.

Adm 82.33 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.36 Adm 82.36 Determination of performance of a useful business function. Factors that the department may consider in determining whether a disabled veteran-owned entity is performing a useful business function include the following:

Adm 82.36(1) (1) The degree to which the business has customers other than the state.

Adm 82.36(2) (2) The adequacy of the business’s resources to carry out its business functions.

Adm 82.36(3) (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.

Adm 82.36(4) (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.

Adm 82.36 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.37 Adm 82.37 Documentation of performance of a useful business function. The applicant shall submit evidence that the business is performing a useful business function. This evidence may include, but is not limited to, the following:

Adm 82.37(1) (1) Contracts, purchase orders, invoices, and other documents demonstrating that the business has customers.

Adm 82.37(2) (2) Evidence that the quantity, type and condition of the business’s equipment and inventory are adequate to carry out its business functions.

Adm 82.37(3) (3) Loans and other financing agreements, leases, employee contracts, payroll records and other documents demonstrating that the business’ relationships with businesses that are owned by other than disabled veterans do not preclude it from performing a useful business function.

Adm 82.37(4) (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.

Adm 82.37 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.40 Adm 82.40 Special circumstances. Any one of the following circumstances creates a presumption that an applicant does not satisfy the eligibility standards for certification as a DVB. In such instances, the applicant has the burden of establishing to the department’s satisfaction that the business meets the eligibility standards despite the existence of one or more of the following factors:

Adm 82.40(1) (1) The business was formed less than three years but at least one year prior to an application for certification.

Adm 82.40(2) (2) The ownership or control of the business has changed within two years prior to an application for certification.

Adm 82.40(3) (3) Shares of stock transferred from a person other than a disabled veteran to a disabled veteran owner of the business, within two years prior to an application for certification.

Adm 82.40(4) (4) The business has unissued shares that, if issued, could result in less than 51 percent disabled veteran ownership of the business or in less than dominant control by disabled veteran owners or their duly authorized representatives.

Adm 82.40(5) (5) The business is subject to conversion rights that, if exercised, would result in less than 51 percent disabled veteran ownership of the business or in less than dominant control by disabled veteran owners or their duly authorized representatives.

Adm 82.40(6) (6) One or more of the disabled veteran owners is a former or current employee of a business which is not owned by a disabled veteran and which has an ownership interest in or a business relationship with the applicant, particularly if the business that is not owned by a disabled veteran is in a substantially similar line of business.

Adm 82.40(7) (7) An applicant’s directors or management or both, are substantially the same as those of a business which is not owned by a disabled veteran and which has an ownership interest in, an investment in, or a business relationship with the applicant, particularly if the business that is not owned by a disabled veteran is in a substantially similar line of business.

Adm 82.40(8) (8) The business shares indistinguishable facilities, such as office space; production, distribution or storage facilities; machinery and equipment; or employees, with a business that is not owned by a disabled veteran.

Adm 82.40 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.50 Adm 82.50 Certification procedure for disabled veteran-owned entities.

Adm 82.50(1) (1) Application and review.

Adm 82.50(1)(a) (a) Any business, financial adviser or investment firm that meets the standards for certification may file a certification application with the department.

Adm 82.50(1)(b) (b) The applicant shall submit a valid, department-supplied application form; the three preceding years of business taxes, except where one or two preceding years of business taxes are submitted under s. Adm 82.40 (1); current business financials; documentation showing conformance to the DVB definition in s. Adm 82.12 (17); and the documentation required under ss. Adm 82.22, 82.25, 82.29, 82.33, and 82.37 to the Department of Administration, P.O. Box 7970, Madison, WI 53707-7970.

Adm 82.50 Note Note: The application form that is currently valid, and guidance for completing it, can be obtained by accessing the Department’s Web site at doa.wi.gov and searching for the disabled veteran-owned business certification program. The form and guidance are also available from the department at Disabled Veteran Business Certification Program, P.O. Box 7970, Madison, WI 53707-7970.

Adm 82.50(1)(c) (c) Each application shall include a fee of $50, and an additional payment of $100 for two, one-year renewal fees. The department shall refund the $100 payment if certification is ultimately denied.

Adm 82.50(1)(d) (d) Upon receipt of the application, the department shall review the application for completeness and for compliance with the requirements of s. 16.283, Stats., and this chapter.

Adm 82.50(1)(e) (e) The department may request, at any time that it deems necessary, that the applicant submit additional information or documentation for providing clarification or substantiation, or for resolving any ambiguities or inconsistencies in the application form. Failure to cooperate fully may result in denial of DVB certification.

Adm 82.50(1)(f) (f) The department may impose a time limit of not less than 60 calendar days in which the applicant shall provide the requested information, except the department shall grant a time extension where good cause is shown by the applicant. Any request for a time extension shall specify the length of time for which the extension is requested and the reasons for the request.

Adm 82.50(1)(g) (g) All information submitted shall become the property of the department.

Adm 82.50(1)(h) (h) The department may conduct a scheduled or unannounced on-site visit of the applicant’s operations. Failure to cooperate fully during an on-site visit may result in denial of the certification. The visit may include, but is not limited to, the following:

Adm 82.50(1)(h)1. 1. A discussion of business operations with the owners.

Adm 82.50(1)(h)2. 2. An examination of the applicant’s physical plant, inventory, machinery and equipment, financial records, accounting records, project files, customers accounts, and any legal documents and records that may be relevant to the certification of the business as a DVB.

Adm 82.50(1)(h)3. 3. A review of the applicant’s organizational structure, management responsibilities and labor force characteristics. In this review, the department may do the following:

Adm 82.50(1)(h)3.a. a. Analyze the ownership of stock in the business, if the applicant is a corporation.

Adm 82.50(1)(h)3.b. b. Examine the work history of the applicant, including contracts the applicant has received and the work the applicant has completed.

Adm 82.50(1)(i) (i) After completing a review of the application, the department shall send the applicant 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 82.70.

Adm 82.50(1)(j) (j) The department shall maintain a DVB database that includes the name of the owner, business name, type of business industry, business owner e-mail address, sales volume and growth rates, number of full-time employees, and North American Industrial Classification or National Institute of Governmental Purchasing coding indicating the functional mission of the business.

Adm 82.50(2) (2) Denial of certification.

Adm 82.50(2)(a) (a) The department may deny certification for any of the following reasons:

Adm 82.50(2)(a)1. 1. The department determines that the applicant fails to meet the eligibility standards for certification or other requirements of this chapter.

Adm 82.50(2)(a)2. 2. The applicant fails to furnish the department with requested information within the allotted time period.

Adm 82.50(2)(a)3. 3. The applicant knowingly provides false or misleading information to the department.

Adm 82.50(2)(a)4. 4. The applicant shares indistinguishable facilities, such as office space; production, distribution or storage facilities; machinery and equipment; or employees, with a business that is not owned by a disabled veteran.

Adm 82.50(2)(b) (b) Applicants shall have 60 calendar days from the date of a department notification of intent to deny certification, to submit a written request for an informal hearing.

Adm 82.50(2)(c) (c) If no request for an informal hearing is made, the determination to deny certification shall become final, and the department shall send a final notice of denial to the applicant within 30 calendar days after expiration of the time period in par. (b). The notice shall state the reason for denial and notify the applicant of its appeal rights under ch. 227, Stats., and s. Adm 82.75.

Adm 82.50(2)(d) (d) Each applicant denied certification may reapply for certification, no earlier than the following:

Adm 82.50(2)(d)1. 1. Three months from the date of the final notice of denial of certification, if the denial is based on the reasons listed in par. (a) 1., 2., or 4.

Adm 82.50(2)(d)2. 2. Twelve months from the date of the final notice of denial of certification, if the denial is based on the reason listed in par. (a) 3.

Adm 82.50(3) (3) Length of certification. A DVB shall remain on the DVB database for a period of three years unless the certification is not renewed under s. Adm 82.52, 82.70 or 82.75; or the DVB is decertified under s. Adm 82.65, 82.70 or 82.75.

Adm 82.50 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (1) (b) made under s. 13.92 (4) (b) 6., Stats., correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register September 2011 No. 669; correction in (1) (b), (i), (2) (c), (3) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

Adm 82.52 Adm 82.52 Renewal procedure.

Adm 82.52(1) (1) Prior to the end of each of the first two years of every three-year certification period, the department may review any accumulated information for the DVB. As part of the review, the department may collect or require submittal of further information for the DVB. The review shall address whether the DVB is continuing to comply with this chapter. Unless the department notifies the DVB otherwise at the completion of the review, the certification shall renew for the following year.

Adm 82.52(2) (2) A DVB shall have 60 calendar days from the date of a department notification of intent to deny renewal of certification, to submit a written request for an informal hearing under s. Adm 82.70.

Adm 82.52(3) (3) If no request for an informal hearing is made, the determination to deny renewal of certification shall become final, and the department shall send a final notice of denial to the DVB within 30 calendar days after expiration of the time period in sub. (2). The notice shall state the reason for denial and notify the DVB of its appeal rights under ch. 227, Stats., and s. Adm 82.75. The department shall send a copy of the final notice to the department of transportation.

Adm 82.52 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2011 No. 669; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 82.55 Adm 82.55 Recertification procedure. To maintain its certification status, a DVB shall reapply for its certification prior to the designated expiration date, in accordance with the following procedure:

Adm 82.55(1) (1) The department shall send a recertification application form to each DVB by electronic mail, at least 60 calendar days prior to the certification expiration date.