Chapter Adm 84

Adm 84.17 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; correction in (3) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1994, No. 467; correction in (2) (c), (3) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 84.18 Adm 84.18 Informal hearing procedure.

Adm 84.18(1) (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.

Adm 84.18(2) (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.

Adm 84.18(3) (3) The hearing shall be conducted on an informal basis.

Adm 84.18(4) (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.

Adm 84.18(5) (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.

Adm 84.18(6) (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.

Adm 84.18 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; correction in (1), (5) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

Adm 84.19 Adm 84.19 Appeal procedure.

Adm 84.19(1) (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.

Adm 84.19(2) (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.

Adm 84.19(3) (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.

Adm 84.19(4) (4) At the conclusion of the hearing, the department shall issue a decision based on findings of fact and conclusions of law.

Adm 84.19(5) (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.

Adm 84.19(6) (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.

Adm 84.19 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.

Adm 84.20 Adm 84.20 Notification of changes in application information.

Adm 84.20(1) (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.

Adm 84.20(2) (2) The department shall, within 15 days, send the business a written notification of its determination that either:

Adm 84.20(2)(a) (a) The change is not material and the certification of the business continues; or

Adm 84.20(2)(b) (b) The change is material and warrants a review of the status of the business.

Adm 84.20(3) (3) If the change warrants a review of the business’ status, the department shall conduct the review following the decertification procedures described in s. Adm 84.17.

Adm 84.20(4) (4) Failure by a business to notify the department of a change which would reduce minority ownership, control or management or change the business function performed may result in decertification and may result in the department forwarding pertinent information to the appropriate law enforcement authority for investigation and possible prosecution.

Adm 84.20 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; correction in (1), (3) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

Adm 84.21 Adm 84.21 Certification of a minority business by another public agency or a private business.

Adm 84.21(1) (1) In this section, “private business” means a for-profit business or a non-profit organization.

Adm 84.21(2) (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.

Adm 84.21(3) (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:

Adm 84.21(3)(a) (a) The documentation the applicant is required to provide;

Adm 84.21(3)(b) (b) Whether an on-site visit is performed; and

Adm 84.21(3)(c) (c) The length of time for which certification is effective.

Adm 84.21(4) (4) The department shall maintain a list of certification agencies and private businesses whose certification procedures meet the department’s standards.

Adm 84.21 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 84.22 Adm 84.22 Certification criteria for non-Wisconsin businesses.

Adm 84.22(1) (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:

Adm 84.22(1)(a) (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

Adm 84.22(1)(b) (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.

Adm 84.22(2) (2) In determining whether an applicant meets the substantially equivalent program condition described in sub. (1) (a), the department shall consider:

Adm 84.22(2)(a) (a) Whether the state’s statutory minority business procurement program establishes specific goals, set-asides or preference criteria; whether it establishes a system for monitoring the program’s performance; and whether Wisconsin minority firms would be allowed to participate in the program; and

Adm 84.22(2)(b) (b) Whether the state’s minority business certification program meets the department’s standards and is included in the department’s list of certification agencies as described in s. Adm 84.21 (4). Applicants certified by states not on the list bear the burden of establishing to the department’s satisfaction that the agency’s certification procedures meet the department’s standards.

Adm 84.22(3) (3) In determining whether an applicant meets the business capability condition described in sub. (1) (b), the department shall consider:

Adm 84.22(3)(a) (a) The number of certified minority business enterprises which provide the specified supply, material, equipment or service and which are listed in the department’s Minority Business Directory.

Adm 84.22(3)(b) (b) The number of minority businesses which provide the specified supply, material, equipment or service and which are certified by another agency or a private business that is included on the department’s list of certification agencies and businesses as described in s. Adm 84.21 (4).

Adm 84.22(3)(c) (c) The assessment by the department of administration and other appropriate agencies of the capability of the existing certified minority businesses to achieve the state’s minority business procurement goals.

Adm 84.22(4) (4) The department may consult with minority associations, community organizations and other appropriate officials and organizations concerning the availability of minority businesses in the state and the potential to increase their participation in the state’s minority business procurement program.

Adm 84.22 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; correction in (1) (intro.), (2) (b), (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 84.23 Adm 84.23 Certification procedure for non-Wisconsin businesses.

Adm 84.23(1) (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:

Adm 84.23(1)(a) (a) A copy of the letter of certification from the state in which the applicant is incorporated or has its principal place of business;

Adm 84.23(1)(b) (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;

Adm 84.23(1)(c) (c) Documentation that the minority owner or owners meet the definition of minority as defined in s. Adm 84.02 (29).

Adm 84.23(1)(d) (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.

Adm 84.23(2) (2) For applicants who meet the business capability condition described in s. Adm 84.22 (1) (b), the department shall follow the certification procedures for Wisconsin businesses as described in s. Adm 84.14.

Adm 84.23(3) (3) An applicant who has received a notice of intent to deny certification shall be given the opportunity for an informal hearing under s. Adm 84.18 and shall have the right to appeal the final decision under ch. 227, Stats., and s. Adm 84.19.

Adm 84.23(4) (4) The department may charge the applicant a fee to cover departmental expenses in making the certification determination.

Adm 84.23 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; correction in (1) (intro.), (c), (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 84.24 Adm 84.24 Certification criteria for for-profit corporations owned by a non-profit organization.

Adm 84.24(1) (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:

Adm 84.24(1)(a) (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;

Adm 84.24(1)(b) (b) At least 51% of the board of directors or trustees of the non-profit organization are minorities;

Adm 84.24(1)(c) (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;

Adm 84.24(1)(d) (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.

Adm 84.24(2) (2) The department shall follow the certification procedures described in s. Adm 84.14.

Adm 84.24 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.