Wisconsin Legislature: Adm 82.95(1)(a)

Adm 82.75 Appeal procedure.

(1) Any business, financial adviser, or investment firm which has been denied certification, certification renewal, or recertification, or which has been decertified, may submit a written request for a formal hearing under s. 227.42, Stats. The request shall be submitted to the department within 60 calendar days of the mailing date of the department’s notification. The request shall set forth the grounds on which the business, financial adviser, or investment firm believes the decision is in error, and shall include any additional information that the business, financial adviser, or investment firm has to offer. The business, financial adviser, or investment firm shall submit the request for the formal hearing to the Office of the Secretary, Department of Administration.

Note: The mailing address for the Secretary of the Department of Administration is P.O. Box 7864, Madison, WI 53707.

(2) The department shall schedule the formal hearing and shall send a written notice of the scheduled hearing to all interested parties at least 10 calendar days prior to the hearing date. The notice shall specify the date, time and location of the hearing. Interested parties shall include all persons who signed the application for certification or recertification.

(3) The hearing shall be conducted pursuant to ss. 227.43 to 227.51, Stats. Both the business, financial adviser, or investment firm and the department may present evidence, subpoena witnesses and records, and cross-examine witnesses. The business, financial adviser, or investment firm and the department may be represented by counsel.

Note: Under ch. 227, Stats, the department may designate an official of the department or an employee on its staff or borrowed from another state agency as a hearing examiner to preside over a contested case.

(4) Within 20 business days after the conclusion of the hearing, the department shall make a decision based on findings of fact and conclusions of law, except as provided in sub. (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.

(6) Within 30 business days after the conclusion of the hearing, the department shall notify the affected business, financial adviser, or investment firm and the department of transportation of the final decision regarding certification, certification renewal, recertification or decertification.

History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; corrections in (1), (6) made under s. 13.92 (4) (b) 6., Stats., Register September 2011 No. 669.

Adm 82.80 Notification of changes in application information.

(1) A DVB shall notify the department in writing of any change in the information contained in an application for certification or recertification within 60 calendar days of the change or before bidding on a state contract, whichever is earlier.

(2) Within 15 calendar days of receiving the changes in sub. (1), the department shall send the DVB a written determination of either of the following:

(a) The change is not material, and the certification of the DVB continues.

(b) The change is material and warrants a review of the status of the DVB.

(3) If the change warrants a review of the status of the DVB, the department shall conduct the review following the decertification procedures in s. Adm 82.65.

(4) Failure by a DVB to notify the department of a change that would reduce disabled veteran 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.

History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 82.90 Certification of a business, financial adviser, or investment firm by another public agency.

(1) The department may waive some or all of the certification application requirements and procedures under s. Adm 82.50 for a business, financial adviser, or investment firm that is already certified by another public-sector agency if the department determines that the agency’s standards for certification and certification procedures are substantially equivalent to the department’s.

(2) In making the determination in sub. (1), the department may consider factors that include the following:

(a) The documentation that the applicant was required to provide to receive certification by the agency.

(b) Whether an on-site visit was performed.

(3) To receive any waivers under this section, an applicant shall provide the department with documentation showing the equivalency specified in sub. (1) and addressing the factors specified in sub. (2), except the documentation for sub. (1) is not required for an applicant that submits proof of being certified by an agency listed under sub. (4).

(4) The department shall maintain a list of certification agencies whose certification procedures are found under sub. (1) to be equivalent to the department’s standards.

History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 82.95 Certification criteria for a corporation owned by a nonprofit organization.

(1) The department may certify a corporation owned by a nonprofit organization if the department determines that the nonprofit organization is controlled and managed by disabled veterans or their duly authorized representatives. Factors that the department may consider in reaching this determination include the following:

(a) At least 51 percent of the members who may elect the board of directors or trustees and who are entitled to vote on a dissolution of the nonprofit organization are disabled veterans.

(b) At least 51 percent of the board of directors or trustees of the nonprofit organization are disabled veterans.

(c) The minutes of the organization’s meetings document the active control and participation of the disabled-veteran members of the board in such areas as setting and monitoring financial policy, personnel policy and program policy.

(d) The nonprofit organization is independent of control or substantial influence by a nonprofit or for-profit organization that is not owned by a disabled veteran. The department shall refutably presume that the nonprofit disabled veteran-owned organization is dependent on an organization which is not owned by a disabled veteran if the disabled veteran-owned organization shares office space, staff, equipment, or other resources, with a for-profit or nonprofit organization that is not owned by a disabled veteran or if the disabled veteran-owned organization receives a majority of its funding from a single organization that is not owned by a disabled veteran.

(2) The applicant and department shall follow the certification procedures described in s. Adm 82.50.

History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.