Adm 83.29 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07.

Adm 83.32 Adm 83.32 Determination of active management. Factors that the department shall consider in determining whether one or more women owners actively manage a business include, but are not limited to, the following:

Adm 83.32(1) (1) Direct operational management.

Adm 83.32(1)(a) (a) The operational management of the woman owner is the demonstrated extent to which the woman owner actually operates the day-to-day business.

Adm 83.32(1)(b) (b) Departmental assessments of operational management shall rest upon the peculiarities of the industry of which the business is a part. In order to clarify the level of operational management of the woman owner, the department may consider each of the following:

Adm 83.32(1)(b)1. 1. ‘Experience.’ The woman owner has education, demonstrable working knowledge or experience in the area of specialty or industry claimed in the application.

Adm 83.32(1)(b)2. 2. ‘Responsibility for decision-making.’

Adm 83.32(1)(b)2.a. a. The woman owner makes basic decisions pertaining to the daily operation of the business, such as the purchase of goods, equipment, business inventory and services.

Adm 83.32(1)(b)2.b. b. The woman owner supervises the business’s employees.

Adm 83.32(1)(b)3. 3. ‘Technical competence.’

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.