Adm 83.40Adm 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 HistoryHistory: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07. Adm 83.50Adm 83.50 Certification procedure for Wisconsin businesses. 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 NoteNote: 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)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)(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 HistoryHistory: 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(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 HistoryHistory: 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 83.55Adm 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 HistoryHistory: 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(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 HistoryHistory: 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 83.65Adm 83.65 Decertification procedure. 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. Adm 83.65(2)(a)(a) The department shall notify the WBE, in writing, that the WBE is the subject of a decertification investigation. The notification shall explain the basis for the belief that the WBE does not meet the eligibility standards for certification. Adm 83.65(2)(b)(b) The department may request records or other documentation from the WBE, may conduct an on-site visit of the WBE facilities and may question other parties during its investigation. Adm 83.65(2)(c)(c) The department may impose a time limit of not less than 15 calendar days in which the WBE shall respond to a request for records or other documentation, 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 reason for the request. If the WBE fails to provide the information within the time limit imposed, the department shall issue a notice of intent to decertify. Adm 83.65(2)(d)(d) Upon completion of the investigation, the department shall prepare a written report that includes all of the following: Adm 83.65(2)(d)4.4. A conclusion that contains a recommendation for disposition of the matter. Adm 83.65(3)(a)(a) If the department determines that a WBE does not qualify for certification, the department shall send the WBE a copy of the report prepared under sub. (2) (d) along with a notice of intent to decertify, stating the reasons for decertification and offering the WBE the opportunity for an informal hearing under s. Adm 83.70. Adm 83.65(3)(b)(b) The WBE shall have 30 calendar days from the date of the department’s notification to submit a written request for an informal hearing. Adm 83.65(3)(c)(c) If no request for an informal hearing is made, the administrator shall issue a final notice of decertification, stating the factual and legal grounds therefore and notifying the WBE of its appeal rights under ch. 227, Stats., and s. Adm 83.75. Adm 83.65(3)(d)(d) The department shall send a copy of the final notice of decertification to the affected WBE and to the departments of administration and transportation, within 30 calendar days after expiration of the time period in par. (b). Adm 83.65(4)(4) Reapplication. A decertified business may reapply for certification no earlier than 12 months from the date of the final notice of decertification. Any reapplication shall comply with the same submittal requirements as an initial application for certification, except the reapplication shall include notation of the previous decertification. Adm 83.65 HistoryHistory: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (3) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. Adm 83.70Adm 83.70 Informal hearing procedure. Adm 83.70(1)(1) Any business that has received a notice of intent to deny certification, to deny renewal of certification, to deny recertification, or to decertify, may submit a written request for an informal hearing. The request shall set forth the grounds on which the business believes the decision is in error, and shall include any additional information that the business has to offer. The business shall submit the request for the informal hearing to the administrator, at the Department of Administration, P.O. Box 7970, Madison, WI 53707. The business shall simultaneously file a copy of the request with the office. Adm 83.70(2)(2) The department shall schedule an informal hearing within 30 calendar days of receipt of the request. The department 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. Adm 83.70(3)(3) The department shall conduct the hearing on an informal basis. Adm 83.70(4)(4) Within 10 business days after the hearing, the administrator shall notify the business in writing of his or her final decision. Adm 83.70(5)(5) If the final decision is to grant certification, renew a certification, or issue a recertification, the department shall inform the business of that decision. If the final decision is to deny a certification, a certification renewal, or a recertification, or to decertify, the department shall notify the business of that final decision and the reasons therefore. That notification shall also include reference to the applicant’s appeal rights under subch. III of ch. 227, Stats., and s. Adm 83.75. Adm 83.70(6)(6) Once the department has made a final decision on certification, recertification or decertification, that determination shall take effect immediately. If a business has been denied certification or recertification or has been decertified, and then appeals the department’s decision, the department’s decision remains in effect unless and until the decision is reversed as a result of the appeals process. Adm 83.70 HistoryHistory: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (1), (5) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.
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