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.