Adm 82.60(2)(a) (a) The status of the DVB 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 82.60(2)(b) (b) The DVB fails to submit an application for recertification within the allotted time period.

Adm 82.60(2)(c) (c) The DVB fails to comply with a request from the department for records or information within the allotted time period.

Adm 82.60(2)(d) (d) The DVB 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 82.60(2)(e) (e) The DVB is notified of a change to the certification standards and procedures and does not comply with the department’s notification to comply.

Adm 82.60(2)(f) (f) The DVB does not maintain current information on the DVB database.

Adm 82.60 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 82.65 Adm 82.65 Decertification procedure.

Adm 82.65(1) (1) Initiation of decertification process.

Adm 82.65(1)(a) (a) The department may, at the request of any state agency or at its own discretion, examine any business certified as a DVB to verify that the DVB qualifies for certification.

Adm 82.65(1)(b) (b) Any business or individual who believes that a business certified as a DVB 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 DVB, and the basis for the belief that the DVB does not meet the eligibility standards.

Adm 82.65(2) (2) Investigation procedure.

Adm 82.65(2)(a) (a) The department shall notify the DVB, in writing, that the DVB is the subject of a decertification investigation. The notification shall explain the basis for the belief that the DVB does not meet the eligibility standards for certification.

Adm 82.65(2)(b) (b) The department may request records or other documentation from the DVB, may conduct an on-site visit of the DVB facilities and may question other parties during its investigation. Failure to cooperate fully with a record request or during an on-site visit may result in decertification.

Adm 82.65(2)(c) (c) The department may impose a time limit of not less than 15 calendar days in which the DVB 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 DVB. 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 DVB fails to provide the information within the time limit imposed, the department shall issue a notice of intent to decertify.

Adm 82.65(2)(d) (d) Upon completion of the investigation, the department shall prepare a written report that includes all of the following:

Adm 82.65(2)(d)1. 1. A statement of the facts leading to the investigation.

Adm 82.65(2)(d)2. 2. Steps taken in the investigation.

Adm 82.65(2)(d)3. 3. Findings of the investigation.

Adm 82.65(2)(d)4. 4. A conclusion that contains a recommendation for disposition of the matter.

Adm 82.65(3) (3) Notice of intent to decertify.

Adm 82.65(3)(a) (a)

Adm 82.65(3)(a)1. 1. If the department determines that a DVB failed to comply with a reasonable request for records or other documentation or does not qualify for certification, the department shall send the DVB 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 DVB the opportunity for an informal hearing under s. Adm 82.70.

Adm 82.65(3)(a)2. 2. The department shall send a copy of any notice issued under subd. 1. to the department of transportation.

Adm 82.65(3)(b) (b) The DVB shall have 60 calendar days from the date of the department’s notification to submit a written request for an informal hearing.

Adm 82.65(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 DVB of its appeal rights under ch. 227, Stats., and s. Adm 82.75.

Adm 82.65(3)(d) (d) The department shall send a copy of the final notice of decertification to the affected DVB and to the department of transportation, within 30 calendar days after expiration of the time period in par. (b).

Adm 82.65(4) (4) Reapplication. A decertified business, financial adviser, or investment firm may reapply for certification no earlier than 12 months from the date of the final notice of decertification where the decertification is based on submittal of false or misleading information, and no earlier than 3 months from the date of the final notice of decertification where the decertification is based on other reasons. 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 82.65 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; corrections in (3) (a) 2., (d) made under s. 13.92 (4) (b) 6., Stats., Register September 2011 No. 669; correction in (3) (a) 1., (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.