Wisconsin Legislature: Ch. Adm 84 Title

Chapter Adm 84

MINORITY BUSINESS CERTIFICATION PROGRAM

Adm 84.01 Purpose.

Adm 84.02 Definitions.

Adm 84.03 Certification criteria.

Adm 84.04 Determination of minority status.

Adm 84.05 Determination of ownership.

Adm 84.06 Documentation of ownership.

Adm 84.07 Determination of control.

Adm 84.08 Documentation of control.

Adm 84.09 Determination of active management.

Adm 84.10 Documentation of active management.

Adm 84.11 Determination of performance of a useful business function.

Adm 84.12 Documentation of performance of a useful business function.

Adm 84.13 Special circumstances.

Adm 84.14 Certification procedure for Wisconsin businesses.

Adm 84.15 Procedure for certification renewal.

Adm 84.16 Decertification criteria.

Adm 84.17 Decertification procedure.

Adm 84.18 Informal hearing procedure.

Adm 84.19 Appeal procedure.

Adm 84.20 Notification of changes in application information.

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

Adm 84.22 Certification criteria for non-Wisconsin businesses.

Adm 84.23 Certification procedure for non-Wisconsin businesses.

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

Note: Chapter DOD 5 as it existed on September 30, 1987 was repealed and a new chapter DOD 5 was created effective October 1, 1987. Chapter DOD 5 was renumbered chapter Comm 105 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1997, No. 498. Chapter Comm 105 was renumbered chapter Adm 84 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

Adm 84.01 Purpose. The purpose of this chapter is to set forth the criteria and procedures the department shall use to certify minority businesses pursuant to s. 16.287, Stats.

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

Adm 84.02 Definitions. As used in this chapter, the following words shall have the following meanings:

(1) “Administrator” means the administrator of the division of enterprise operations in the department.

(2) “Applicant” means any business that applies to the department for certification as a minority business enterprise under s. 16.287, Stats.

(3) “Application” means the forms, all requested documentation, and the report of the on-site visit, if one was conducted by the department, upon which the department will base its decision to grant or deny certification or certification renewal.

(4) “Agency” means any executive office, agency, department, board or commission of Wisconsin, another state, the federal government or local government.

(5) “Affiliate” means a company that directly or indirectly, through one or more intermediaries, is effectively controlled by another company.

(6) “Assets” means real and personal property of the business.

(7) “Authorized shares” means the shares which a corporation is authorized to issue by its articles of incorporation.

(8) “Bank signature card” means a card, issued by a financial institution, which bears the signature of the account holder and which documents the control of the business account within the financial institution.

(9) “Beneficial ownership” means ownership of the rights in a business which are the normal incidents of owning a business; such as, the right to share in the profits and losses of the business.

(11) “Business” means a sole proprietorship, partnership, corporation or joint venture organized on a for profit basis.

(12) “Buyout agreement” means an agreement between or among part-owners of a business that, under stated conditions, the person withdrawing is legally obligated to sell his or her interest to the remaining part-owners.

(13) “Capital contribution” means the cash or property contributed to a business and may include a financial investment in the business and the contribution of property, space, patents and copyrights.

(14) “Certification” means the process by which a business is determined to be a minority business for the purpose of participating in the state’s minority business procurement program under s. 16.75 (3m), Stats., or other statutory minority business procurement program.

(15) “Certification renewal” means the review of a minority business enterprise to determine whether or not its certification will be renewed.

(16) “Conversion rights” means any agreement, option, scheme or documents that will create any rights which, if exercised, would result in less than 51% minority ownership of the business or less than dominant control by minority owners or both.

(17) “Corporation” means a corporation organized for profit with capital stock.

(18) “Decertification” means the process by which a minority business enterprise loses its certification.

(19) “Department” means the department of administration.

(20) “Firm which is in a substantially similar line of business” means a company which produces a product or performs a service which has the potential to be in direct competition with the product or service of the minority business.

(21) “General partner” means a partner who participates fully in the profits, losses and management of the partnership and who is personally liable for its debts.

(22) “Interest” means a right, claim, financial or legal share in the business.

(23) “Issued shares” means the shares of a corporation which have been authorized and actually sold to subscribers. They may include treasury shares.

(24) “Joint venture” means a one-time association of 2 or more persons or businesses, the purpose of which is to carry out a time-limited single business enterprise for profit in which they combine their property, capital, efforts, skills and knowledge, and in which they exercise control and management and share in profits and losses in proportion to their contribution to the business enterprise.

(25) “Joint venture agreement” means a written agreement signed by each joint venturer specifying the terms and conditions of the joint venture.

(26) “Marital property agreement” means an agreement that complies with s. 766.58, Stats.

(27) “Marital property laws” means ch. 766, Stats.

(28) “Marital property waiver” means a form provided by the department to document separate control and management of a business under marital property laws.

(29) “Minority” means a person who is a citizen or lawfully admitted permanent resident of the United States and who is a member of one of the following groups:

(a) “American Indian” - a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.

(b) “Asian-Indian” - a person with ancestry originating in India, Pakistan or Bangladesh.