Chapter DWD 60

DWD 60.10 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83.

DWD 60.11 DWD 60.11 Set-aside funds.

DWD 60.11(1) (1) Requirement. The department shall collect, maintain and administer funds from the net proceeds of the operation of each business enterprise, including vendor-owned enterprises, in accordance with provisions of this section.

DWD 60.11(2) (2) Amount.

DWD 60.11(2)(a) (a) Funds that the department requires be set aside shall be computed on the basis of a percentage of the individual operator’s net proceeds for a given month. The department may each year reconsider and change that percentage to ensure that set-aside funds are sufficient for the uses made of these funds. Set-aside charges for vendor-owned enterprises shall be at a reduced rate to reflect vendor-owner responsibility for maintenance, repair and replacement of all business enterprise equipment.

DWD 60.11(2)(b) (b) The department shall bill operators each month for the set-aside charge.

DWD 60.11(3) (3) Accounting. Set-aside funds maintained by the department shall be accounted for in accordance with generally accepted principles of fund accounting.

DWD 60.11(4) (4) Uses. Set-aside funds may be expended only for the following purposes:

DWD 60.11(4)(a) (a) To maintain and replace equipment;

DWD 60.11(4)(b) (b) To purchase new equipment;

DWD 60.11(4)(c) (c) To pay for management services;

DWD 60.11(4)(d) (d) To assure a fair minimum return to operators; and

DWD 60.11(4)(e) (e) To establish and maintain retirement or pension funds, health insurance contributions and provisions for paid sick leave and vacation time.

DWD 60.11 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83.

DWD 60.12 DWD 60.12 Corrective action.

DWD 60.12(1) (1) Conduct or performance shortcomings. If the operator fails to conduct the business enterprise in compliance with the operator’s agreement or to maintain reasonable performance levels as demonstrated by comparison with prior periods of operation in the same location or other business enterprises of a similar type, the department shall review the evidence with the committee and solicit the committee’s recommendations for corrective action.

DWD 60.12(2) (2) Corrective action alternatives. Corrective action alternatives available to the department include but are not limited to :

DWD 60.12(2)(a) (a) Specific or additional management and supervision services;

DWD 60.12(2)(b) (b) Suspension of the license for a period not to exceed 30 days;

DWD 60.12(2)(c) (c) Demotion of the operator to a less-demanding business enterprise; and

DWD 60.12(2)(d) (d) Termination of the license.

DWD 60.12(3) (3) Notice.

DWD 60.12(3)(a) (a) Exchange as provided in par. (b), no suspension, demotion or termination shall be made until the department gives notice to the operator, by registered or certified mail, with return receipt requested, of facts or conduct which warrant the intended action, and the operator has been given an opportunity to show compliance with all lawful requirements for the retention of the license.

DWD 60.12(3)(b) (b) The department may immediately suspend an operator’s license, followed by notice and the opportunity to contest the action, if in the judgment of the department there is a substantial probability that the behavior of the operator will result in harm to the health, safety or welfare of other persons.

DWD 60.12(4) (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:

DWD 60.12(4)(a) (a) Failure to operate the business enterprise in compliance with the operator’s agreement;

DWD 60.12(4)(b) (b) Failure to maintain acceptable performance levels after being provided the opportunity for additional training; or

DWD 60.12(4)(c) (c) Refusal to accept needed training without cause.

DWD 60.12(5) (5) Grounds for demotion. An operator may be demoted to a lesser-demanding business enterprise on one or both of the following grounds:

DWD 60.12(5)(a) (a) Recurring noncompliance with terms of the operator’s agreement; or

DWD 60.12(5)(b) (b) Repeated failure to maintain acceptable levels of performance in operation of the business enterprise.

DWD 60.12(6) (6) Grounds for termination. An operator’s license may be terminated for one or more of the following reasons:

DWD 60.12(6)(a) (a) Withdrawal of the operator without notice;

DWD 60.12(6)(b) (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;

DWD 60.12(6)(c) (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;

DWD 60.12(6)(d) (d) Any willful or malicious destruction of any equipment furnished to the operator;

DWD 60.12(6)(e) (e) Willful falsification of any record or report required to be kept or made by the operator; or

DWD 60.12(6)(f) (f) Misconduct specified in s. DWD 60.10 (1).

DWD 60.12(7) (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.

DWD 60.12(8) (8) Surrender of premises.

DWD 60.12(8)(a) (a) Upon suspension, demotion or termination, the operator shall vacate the business enterprise premises upon the effective date of that action.

DWD 60.12(8)(b) (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.

DWD 60.12(9) (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.

DWD 60.12 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83.

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

DWD 60.13(1) (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.

DWD 60.13(2) (2) Termination. An operator’s license may be terminated by the department for any of the following reasons:

DWD 60.13(2)(a) (a) Improvement of the operator’s vision to the extent that the operator is no longer legally blind;

DWD 60.13(2)(b) (b) Delivery to the department of a written request from the operator for cancellation of the license;

DWD 60.13(2)(c) (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

DWD 60.13(2)(d) (d) Death of the operator.

DWD 60.13(3) (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.

DWD 60.13(4) (4) Follow-up activity.

DWD 60.13(4)(a) (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.

DWD 60.13(4)(b) (b)

DWD 60.13(4)(b)1. 1. The operator shall vacate the business enterprise premises on the effective date of the suspension, termination or transfer.

DWD 60.13(4)(b)2. 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.

DWD 60.13(4)(c) (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.

DWD 60.13(4)(d) (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.

DWD 60.13 History History: Cr. Register, May, 1983, No. 329, eff. 6-1-83.

DWD 60.14 DWD 60.14 Operator’s agreement.

DWD 60.14(1) (1) The form for the agreement between the department and an operator shall be as found in ch. DWD 60 Appendix.

DWD 60.14(2) (2) The agreement between the department and an operator shall include, as attachments, the following exhibits specific to the business enterprise:

DWD 60.14(2)(a) (a)

DWD 60.14(2)(a)1. 1. An inventory of the equipment which shall state the purchase price of each item, and

DWD 60.14(2)(a)2. 2. An inventory of the initial stock of merchandise and supplies which shall state the total purchase price of the initial stock;

DWD 60.14(2)(b) (b) A copy of this chapter;

DWD 60.14(2)(c) (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;

DWD 60.14(2)(d) (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

DWD 60.14(2)(e) (e) Any other documents which in the judgment of the department are required by the particular circumstances.

DWD 60.14(3) (3) The department shall ensure that the department and the operator each have a signed copy of the agreement including all attachments.

DWD 60.14 History 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.