Wisconsin Legislature: Chapter Adm 83

Chapter Adm 83

WOMAN-OWNED BUSINESS CERTIFICATION PROGRAM

Adm 83.10 Purpose.

Adm 83.12 Definitions.

Adm 83.20 Certification criteria.

Adm 83.22 Documentation of gender.

Adm 83.24 Determination of ownership.

Adm 83.25 Documentation of ownership.

Adm 83.28 Determination of control.

Adm 83.29 Documentation of control.

Adm 83.32 Determination of active management.

Adm 83.33 Documentation of active management.

Adm 83.36 Determination of performance of a useful business function.

Adm 83.37 Documentation of performance of a useful business function.

Adm 83.40 Special circumstances.

Adm 83.50 Certification procedure for Wisconsin businesses.

Adm 83.52 Renewal procedure.

Adm 83.55 Recertification procedure.

Adm 83.60 Decertification criteria.

Adm 83.65 Decertification procedure.

Adm 83.70 Informal hearing procedure.

Adm 83.75 Appeal procedure.

Adm 83.80 Notification of changes in application information.

Adm 83.90 Certification of a Wisconsin business by another public agency.

Adm 83.92 Certification criteria for a non-Wisconsin business.

Adm 83.94 Certification procedure for a non-Wisconsin business.

Adm 83.96 Certification criteria for a for-profit corporation owned by a nonprofit organization.

Note: Chapter Comm 104 was created by emergency rule effective February 9, 2007. Chapter Comm 104 was renumbered chapter Adm 83 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

Adm 83.10 Purpose. Pursuant to s. 16.285 (1) (c), Stats., this chapter sets forth the criteria and procedures for certification, certification renewal, recertification, and decertification of woman-owned businesses.

History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.12 Definitions. In this chapter:

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

(2) “Affiliate” means a company effectively controlled by another, such as a branch, division, or subsidiary. As prescribed in 15 USC 80a-2, an affiliate includes a company in which there is ownership, direct or indirect, by another company, of 5% or more of the voting stock.

(3) “Appeal” means a written request by an applicant to reconsider a determination of a denial of application, certification renewal, recertification or decertification.

(4) “Applicant” means any business that applies to the department for certification as a woman-owned business enterprise under s. 16.285 (1), Stats., and this chapter, through submission of application forms.

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

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

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

(8) “Beneficial ownership” means ownership of the rights in a business that are the normal incidents of owning a business.

(9) “Broker” means a person who acts as an intermediary between a buyer or seller, usually charging a commission for value added.

(11) “Business” means a sole proprietorship, general partnership, corporation, limited liability company, limited liability partnership, or joint venture, organized for a profit basis — except where the context implies that this term is referring instead to buying or selling commodities or services.

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

(13) “Control” means the power to direct the day-to-day and long-term operation and management of a business.

Note: Departmental assessments of operational and managerial control will rest upon the peculiarities of the industry of which the business is a part.

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

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

(16) “Decertification” means the process by which the department determines that a WBE no longer meets the eligibility criteria, and then rescinds the certification status.

(17) “Denial” means the office’s reaction to an applicant that does not meet the certification eligibility requirements.

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

(19) “Distributor” means one that markets or sells merchandise, such as a wholesaler.

(20) “Expiration” means the specified end of the WBE certification, at the close of the three-year certification period.

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

(22) “Industry standard” means the usual and customary practice in the delivery of products or services within a particular business sector, such as procurement, billing payment and performance.

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

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

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

(26) “Limited liability company” means a company similar in structure to a partnership, but its members are not personally liable for the entity’s debts and liabilities. Its members may participate in the management of the company without risking personal liability.