Chapter Adm 83

Adm 83.32(1)(b)3.a. a. The woman owner has technical competence in the industry or specialty of the business or a working knowledge of the technical requirements of the business sufficient to critically evaluate the work of subordinates.

Adm 83.32(1)(b)3.b. b. The woman owner has the ability to perform in her area of specialty or expertise without substantial reliance upon finances and resources — such as equipment, automobiles and facilities — of males or non-woman-owned business enterprises.

Adm 83.32(2) (2) Delegated operational management. Where the actual day-to-day operational management is delegated to a person other than a woman owner, the active-management requirements may be met if the woman owner has the ultimate power to hire and fire that person.

Adm 83.32(3) (3) Potential constraints on operational management. In reviewing governance documents and issues, the department shall give special attention to the extent to which all of the following aspects affect the ability of the woman owner to direct the management and policies of the business:

Adm 83.32(3)(a) (a) The composition of the business’s governing body.

Adm 83.32(3)(b) (b) The functioning of the governing body.

Adm 83.32(3)(c) (c) The content of shareholder’s agreements, bylaws, or state incorporation statutes.

Adm 83.32 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07.

Adm 83.33 Adm 83.33 Documentation of active management. The applicant shall submit evidence that one or more women owners actively manage the business. This evidence may include, but is not limited to, the following:

Adm 83.33(1) (1) Signed purchase orders, invoices and contracts.

Adm 83.33(2) (2) Evidence that the women owners have delegated work assignments to the business employees.

Adm 83.33(3) (3) Documentation, such as résumés, showing that the women owners have the education or work experience in the skill areas required to produce the product or service provided by the business.

Adm 83.33(4) (4) Where the actual day-to-day operational management is delegated to a person other than a woman owner, documentation, such as a signed contract, showing that the women owners have the ultimate power to hire and fire that person.

Adm 83.33 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07.

Adm 83.36 Adm 83.36 Determination of performance of a useful business function. Factors that the department shall consider in determining whether a woman-owned business is performing a useful business function include, but are not limited to, the following:

Adm 83.36(1) (1) The degree to which the business has customers other than the state.

Adm 83.36(2) (2) The adequacy of the business’s resources to carry out its business functions.

Adm 83.36(3) (3) The degree to which the business is independent of control or substantial influence by another business. Business relationships that tend to defeat the useful business function include, but are not limited to, shared space, equipment, employees, or other resources, and financing agreements.

Adm 83.36(4) (4) Whether the business acts as a conduit to transfer funds to a male-owned business, unless doing so is a normal industry practice.

Adm 83.36 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07.

Adm 83.37 Adm 83.37 Documentation of performance of a useful business function. The applicant shall submit evidence that the business is performing a useful business function. This evidence may include, but is not limited to, the following:

Adm 83.37(1) (1) Contracts, purchase orders, invoices, and other documents demonstrating that the business has customers.

Adm 83.37(2) (2) Evidence that the quantity, type and condition of the business’s equipment and inventory are adequate to carry out its business functions.

Adm 83.37(3) (3) Loans and other financing agreements, leases, employee contracts, payroll records and other documents demonstrating that the business’s relationships with non-woman-owned businesses do not preclude it from performing a useful business function.

Adm 83.37(4) (4) Contracts, purchase orders, invoices, and other documents showing that the business has a diversity of suppliers and is not acting as a conduit for a single supplier.

Adm 83.37 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07.

Adm 83.40 Adm 83.40 Special circumstances. Any one of the following circumstances creates a presumption that an applicant does not satisfy the eligibility standards for certification as a WBE. In such instances, the applicant has the burden of establishing to the department’s satisfaction that the business meets the eligibility standards despite the existence of one or more of the following factors:

Adm 83.40(1) (1) The business was formed within one year prior to an application for certification.

Adm 83.40(2) (2) The ownership or control of the business has changed within one year prior to an application for certification.

Adm 83.40(3) (3) Shares of stock transferred from a male-owned business to a woman owner of the business, within one year prior to an application for certification.

Adm 83.40(4) (4) The business has unissued shares that, if issued, could result in less than 51% woman ownership of the business or in less than dominant control by women owners.

Adm 83.40(5) (5) The business is subject to conversion rights that, if exercised, would result in less than 51% woman ownership of the business or in less than dominant control by women owners.

Adm 83.40(6) (6) One or more of the women owners is a former or current employee of a male-owned business that has an ownership interest in or a business relationship with the applicant, particularly if the male-owned business is in a substantially similar line of business.

Adm 83.40(7) (7) An applicant’s directors or management or both, are substantially the same as those of a male-owned business that has an ownership interest in, an investment in, or a business relationship with the applicant, particularly if the male-owned business is in a substantially similar line of business.

Adm 83.40(8) (8) The business shares indistinguishable facilities, such as office space; production, distribution or storage facilities; machinery and equipment; or employees, with a non-woman-owned business.

Adm 83.40 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07.

Adm 83.50 Adm 83.50 Certification procedure for Wisconsin businesses.

Adm 83.50(1) (1) Application and review.

Adm 83.50(1)(a) (a) Any Wisconsin business that meets the standards for certification may file a WBE certification application with the department.

Adm 83.50(1)(b) (b) The applicant shall submit a valid, department-supplied application form; the 3 preceding years of business taxes; current business financials; and attestation to serving a useful business function, to the Department of Administration, Office of Women’s Business, P.O. Box 7970, Madison, WI 53707-7970.

Adm 83.50 Note Note: The application form that is currently valid, and guidance for completing it, can be obtained by accessing the department’s Web site at www.doa.wi.gov and searching for the woman-owned business certification program. The form and guidance are also available from the department at P.O. Box 7970, Madison, WI 53707-7970.

Adm 83.50(1)(c) (c) Each application shall include a fee of $50, and an additional payment of $100 for 2, one-year renewal fees. The department shall refund the $100 payment if certification is ultimately denied.

Adm 83.50(1)(d) (d) Upon receipt of the application, the department shall review the application for completeness and for compliance with the requirements of s. 16.285 (1), Stats., and s. Adm 83.20.

Adm 83.50(1)(e) (e) The department may request, at any time that it deems necessary, that the applicant submit additional information or documentation for providing clarification or substantiation, or for resolving any ambiguities or inconsistencies in the application form. Failure to cooperate fully may result in denial of WBE certification.

Adm 83.50(1)(f) (f) The department may impose a time limit of not less than 30 calendar days in which the applicant shall provide the requested information, except the department shall grant a time extension where good cause is shown by the applicant. Any request for a time extension shall specify the length of time for which the extension is requested and the reasons for the request.

Adm 83.50(1)(g) (g) All information submitted shall become the property of the department.

Adm 83.50(1)(h) (h) The department may conduct a scheduled or unannounced on-site visit of the applicant’s operations. The visit may include, but is not limited to, the following:

Adm 83.50(1)(h)1. 1. A discussion of business operations with the owners.

Adm 83.50(1)(h)2. 2. An examination of the applicant’s physical plant, inventory, machinery and equipment, financial records, accounting records, project files, customers accounts, and any legal documents and records that may be relevant to the certification of the business as a WBE.

Adm 83.50(1)(h)3. 3. A review of the applicant’s organizational structure, management responsibilities and labor force characteristics. In this review, the department may do the following:

Adm 83.50(1)(h)3.a. a. Analyze the ownership of stock in the enterprise, if the applicant is a corporation.

Adm 83.50(1)(h)3.b. b. Examine the work history of the applicant, including contracts the applicant has received and the work the applicant has completed.

Adm 83.50(1)(i) (i) After completing a review of the application, the department shall send the applicant either a notice of certification — or a notice of intent to deny certification stating the reasons for denial and offering the applicant the opportunity for an informal hearing under s. Adm 83.70.

Adm 83.50(1)(j) (j) The department shall maintain a WBE database that includes the name of the owner, business name, type of business industry, business owner e-mail address, sales volume and growth rates, number of full-time employees, and North American Industrial Classification or National Institute of Governmental Purchasing coding indicating the functional mission of the business.

Adm 83.50(2) (2) Denial of certification.

Adm 83.50(2)(a) (a) The department shall deny certification for any of the following reasons:

Adm 83.50(2)(a)1. 1. The department determines that the applicant fails to meet the eligibility standards for certification.

Adm 83.50(2)(a)2. 2. The applicant fails to furnish the department with requested information within the allotted time period.

Adm 83.50(2)(a)3. 3. The applicant knowingly provides false or misleading information to the department.

Adm 83.50(2)(a)4. 4. The applicant shares indistinguishable facilities, such as office space; production, distribution or storage facilities; machinery and equipment; or employees, with a male-owned business.

Adm 83.50(2)(b) (b) Applicants shall have 30 calendar days from the date of a department notification of intent to deny certification, to submit a written request for an informal hearing.

Adm 83.50(2)(c) (c) If no request for an informal hearing is made, the determination to deny certification shall become final, and the department shall send a final notice of denial to the applicant within 30 calendar days after expiration of the time period in par. (b). The notice shall state the reason for denial and notify the applicant of its appeal rights under ch. 227, Stats., and s. Adm 83.75.

Adm 83.50(2)(d) (d) Each applicant denied certification may reapply for certification, no earlier than 12 months from the date of the final notice of denial of certification.

Adm 83.50(3) (3) Length of certification. A WBE shall remain on the WBE database for a period of three years unless the certification is not renewed under s. Adm 83.52, 83.70 or 83.75; or the WBE is decertified under s. Adm 83.65, 83.70 or 83.75.

Adm 83.50 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (1) (b), (d), (i), (2) (c), (3) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

Adm 83.52 Adm 83.52 Renewal procedure.

Adm 83.52(1) (1) Prior to the end of each of the first two years of every three-year certification period, the department shall review any accumulated information for the WBE. As part of the review, the department may collect or require submittal of further information for the WBE. The review shall address whether the WBE is continuing to comply with this chapter. Unless the department notifies the WBE otherwise at the completion of the review, the certification shall renew for the following year.

Adm 83.52(2) (2) A WBE shall have 30 calendar days from the date of a department notification of intent to deny renewal of certification, to submit a written request for an informal hearing under s. Adm 83.70.

Adm 83.52(3) (3) If no request for an informal hearing is made, the determination to deny renewal of certification shall become final, and the department shall send a final notice of denial to the WBE within 30 calendar days after expiration of the time period in sub. (2). The notice shall state the reason for denial and notify the WBE of its appeal rights under ch. 227, Stats., and s. Adm 83.75. The department shall send a copy of the final notice to the departments of administration and transportation.

Adm 83.52 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.55 Adm 83.55 Recertification procedure. To maintain its certification status, a WBE shall reapply for its certification prior to the designated expiration date, in accordance with the following procedure:

Adm 83.55(1) (1) The department shall send a recertification application form to each WBE by electronic mail, at least 60 calendar days prior to the certification expiration date.

Adm 83.55(2) (2) The WBE shall submit the completed recertification application form, the three preceding years of business taxes, current business financials, attestation to providing a useful business function, and a fee of $150, to the department within 30 calendar days of receipt of the application form, except the department shall grant a time extension where good cause is shown by the WBE. Any request for a time extension shall specify the length of time for which the extension is requested and the reasons for the request.

Adm 83.55(3) (3) Processing of recertification applications shall follow the certification procedure described in s. Adm 83.50.

Adm 83.55 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.60 Adm 83.60 Decertification criteria.

Adm 83.60(1) (1) The department shall decertify a WBE that is found to not meet the WBE eligibility standards in s. Adm 83.20.

Adm 83.60(2) (2) Sufficient reasons for decertification include, but are not limited to, the following:

Adm 83.60(2)(a) (a) The status of the WBE has changed to the extent that it no longer satisfies the requirement of ownership, control, and active management of the business or the requirement to perform a useful business function.

Adm 83.60(2)(b) (b) The WBE fails to submit an application for recertification within the allotted time period.

Adm 83.60(2)(c) (c) The WBE fails to comply with a request from the department for records or information within the allotted time period.

Adm 83.60(2)(d) (d) The WBE knowingly provides false or misleading information in support of its certification or recertification application or in response to the department’s request for records or information.

Adm 83.60(2)(e) (e) The WBE is notified of a change to the certification standards and procedures and does not comply with the department’s notification to comply.

Adm 83.60(2)(f) (f) The WBE does not maintain current information on the WBE database.

Adm 83.60 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.65 Adm 83.65 Decertification procedure.

Adm 83.65(1) (1) Initiation of decertification process.

Adm 83.65(1)(a) (a) The department may, at the request of any state agency or at its own discretion, examine any business certified as a WBE to verify that the WBE qualifies for certification.

Adm 83.65(1)(b) (b) Any business or individual who believes that a business certified as a WBE does not qualify under the standards of eligibility for certification may request a decertification investigation by the department. This request shall be written and signed and shall contain specific identification of the affected WBE, and the basis for the belief that the WBE does not meet the eligibility standards.