Wisconsin Legislature: DWD 60.13(4)(a)

(4) Grounds for suspension. An operator’s license may be suspended for a period not to exceed 30 calendar days, except in cases of extended illness or incapacity, on one or more of the following grounds:

(a) Failure to operate the business enterprise in compliance with the operator’s agreement;

(b) Failure to maintain acceptable performance levels after being provided the opportunity for additional training; or

(5) Grounds for demotion. An operator may be demoted to a lesser-demanding business enterprise on one or both of the following grounds:

(a) Recurring noncompliance with terms of the operator’s agreement; or

(b) Repeated failure to maintain acceptable levels of performance in operation of the business enterprise.

(6) Grounds for termination. An operator’s license may be terminated for one or more of the following reasons:

(a) Withdrawal of the operator without notice;

(b) Withdrawal of the permit or contract by the controlling body or organization of the building or property in which the business enterprise is operating, due to fault of the operator;

(c) Decision by the department after recommendation of the committee that an enterprise is not being operated in accordance with the law or this chapter or within the terms and conditions of the agreement between the department and the operator;

(d) Any willful or malicious destruction of any equipment furnished to the operator;

(e) Willful falsification of any record or report required to be kept or made by the operator; or

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

(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.

(8) Surrender of premises.

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

(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.

(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.

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

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

(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.

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

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

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

(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

(d) Death of the operator.

(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.

(4) Follow-up activity.

(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.

(b)

1. The operator shall vacate the business enterprise premises on the effective date of the suspension, termination or transfer.

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.

(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.

(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.

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

DWD 60.14 Operator’s agreement.

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

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

(a)

1. An inventory of the equipment which shall state the purchase price of each item, and

2. An inventory of the initial stock of merchandise and supplies which shall state the total purchase price of the initial stock;

(b) A copy of this chapter;

(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;

(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

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

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

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.