Chapter DWD 60

DWD 60.12(6)(f) (f) Misconduct specified in s. DWD 60.10 (1).

DWD 60.12(7) (7) Informing the operator of rights. In the event of suspension, demotion or termination, the operator shall be informed of his or her right to review of the decision as provided in s. DWD 60.05.

DWD 60.12(8) (8) Surrender of premises.

DWD 60.12(8)(a) (a) Upon suspension, demotion or termination, the operator shall vacate the business enterprise premises upon the effective date of that action.

DWD 60.12(8)(b) (b) If a vendor-owner does not vacate the premises as required under par. (a), the department may remove any of the property of the business enterprise owned by the vendor-owner and place this property in storage at the expense of the vendor-owner or else deliver it to the vendor-owner at that person’s expense.

DWD 60.12(9) (9) Inventory. Upon suspension, demotion or termination, a physical inventory and valuation of equipment, accessories and merchandise shall be made by the department and the operator or the operator’s representative. If the operator chooses not to be present and not to be represented by an agent, the department may engage the assistance of a third party.

DWD 60.12 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83.

DWD 60.13 DWD 60.13 Other reasons for suspending or terminating a license or transferring an operator to a less-demanding business.

DWD 60.13(1) (1) Suspension. An operator’s license may be suspended by the department for an indefinite period in the event of extended illness or incapacity when there is reasonable expectation, based on medical evidence, that the operator will return to the business. The operator shall be reinstated when the period of incapacity has ended as certified by a physician.

DWD 60.13(2) (2) Termination. An operator’s license may be terminated by the department for any of the following reasons:

DWD 60.13(2)(a) (a) Improvement of the operator’s vision to the extent that the operator is no longer legally blind;

DWD 60.13(2)(b) (b) Delivery to the department of a written request from the operator for cancellation of the license;

DWD 60.13(2)(c) (c) Extended illness or incapacity of the operator preventing personal operation of the business enterprise, when there is no reasonable expectation, based on medical evidence, that the operator can return to work; or

DWD 60.13(2)(d) (d) Death of the operator.

DWD 60.13(3) (3) Transfer of operator. On written request of the operator, the department may transfer that person to a smaller or otherwise less-demanding business enterprise.

DWD 60.13(4) (4) Follow-up activity.

DWD 60.13(4)(a) (a) At the time that an operator is notified that the operator’s license is being suspended or terminated, the operator shall be informed of his or her right to challenge the decision as provided in s. DWD 60.05.

DWD 60.13(4)(b) (b)

DWD 60.13(4)(b)1. 1. The operator shall vacate the business enterprise premises on the effective date of the suspension, termination or transfer.

DWD 60.13(4)(b)2. 2. If a vendor-owner does not vacate the premises as required under subd. 1., the department may remove any of the property of the business enterprise owned by the vendor and place it in storage at the vendor-owner’s expense or else deliver it to the vendor-owner at that person’s expense.

DWD 60.13(4)(c) (c) Upon suspension, termination or transfer, a physical inventory and valuation of equipment, accessories and merchandise shall be made by the department and the operator or the operator’s representative. If the operator chooses not to be present and not to be represented by an agent, the department may engage the assistance of a third party.

DWD 60.13(4)(d) (d) Upon notification of the death of an operator, the department shall arrange with the representatives of the estate for the settlement of accounts on the basis of the interests of affected parties.

DWD 60.13 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83.

DWD 60.14 DWD 60.14 Operator’s agreement.

DWD 60.14(1) (1) The form for the agreement between the department and an operator shall be as found in ch. DWD 60 Appendix.

DWD 60.14(2) (2) The agreement between the department and an operator shall include, as attachments, the following exhibits specific to the business enterprise:

DWD 60.14(2)(a) (a)

DWD 60.14(2)(a)1. 1. An inventory of the equipment which shall state the purchase price of each item, and

DWD 60.14(2)(a)2. 2. An inventory of the initial stock of merchandise and supplies which shall state the total purchase price of the initial stock;

DWD 60.14(2)(b) (b) A copy of this chapter;

DWD 60.14(2)(c) (c) A copy of the permit or contract between the department and the owner or occupant of the premises where the business enterprise is located;

DWD 60.14(2)(d) (d) In the case of a co-managed business enterprise, a managerial duty list developed by the co-managers of the business and approved by the department; and

DWD 60.14(2)(e) (e) Any other documents which in the judgment of the department are required by the particular circumstances.

DWD 60.14(3) (3) The department shall ensure that the department and the operator each have a signed copy of the agreement including all attachments.

DWD 60.14 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83; am. (2) (c), renum. (2) (d) to be (2) (e), cr. (2) (d), Register, May, 1994, No. 461, eff. 6-1-94; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2015 No. 711.