Adm 82.37(1) (1) Contracts, purchase orders, invoices, and other documents demonstrating that the business has customers.

Adm 82.37(2) (2) Evidence that the quantity, type and condition of the business’s equipment and inventory are adequate to carry out its business functions.

Adm 82.37(3) (3) Loans and other financing agreements, leases, employee contracts, payroll records and other documents demonstrating that the business’ relationships with businesses that are owned by other than disabled veterans do not preclude it from performing a useful business function.

Adm 82.37(4) (4) Contracts, purchase orders, invoices, and other documents showing that the business has a diversity of suppliers and is not acting as a conduit for a single supplier.

Adm 82.37 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.40 Adm 82.40 Special circumstances. Any one of the following circumstances creates a presumption that an applicant does not satisfy the eligibility standards for certification as a DVB. 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 82.40(1) (1) The business was formed less than three years but at least one year prior to an application for certification.

Adm 82.40(2) (2) The ownership or control of the business has changed within two years prior to an application for certification.

Adm 82.40(3) (3) Shares of stock transferred from a person other than a disabled veteran to a disabled veteran owner of the business, within two years prior to an application for certification.

Adm 82.40(4) (4) The business has unissued shares that, if issued, could result in less than 51 percent disabled veteran ownership of the business or in less than dominant control by disabled veteran owners or their duly authorized representatives.

Adm 82.40(5) (5) The business is subject to conversion rights that, if exercised, would result in less than 51 percent disabled veteran ownership of the business or in less than dominant control by disabled veteran owners or their duly authorized representatives.

Adm 82.40(6) (6) One or more of the disabled veteran owners is a former or current employee of a business which is not owned by a disabled veteran and which has an ownership interest in or a business relationship with the applicant, particularly if the business that is not owned by a disabled veteran is in a substantially similar line of business.

Adm 82.40(7) (7) An applicant’s directors or management or both, are substantially the same as those of a business which is not owned by a disabled veteran and which has an ownership interest in, an investment in, or a business relationship with the applicant, particularly if the business that is not owned by a disabled veteran is in a substantially similar line of business.

Adm 82.40(8) (8) The business shares indistinguishable facilities, such as office space; production, distribution or storage facilities; machinery and equipment; or employees, with a business that is not owned by a disabled veteran.

Adm 82.40 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.50 Adm 82.50 Certification procedure for disabled veteran-owned entities.

Adm 82.50(1) (1) Application and review.

Adm 82.50(1)(a) (a) Any business, financial adviser or investment firm that meets the standards for certification may file a certification application with the department.

Adm 82.50(1)(b) (b) The applicant shall submit a valid, department-supplied application form; the three preceding years of business taxes, except where one or two preceding years of business taxes are submitted under s. Adm 82.40 (1); current business financials; documentation showing conformance to the DVB definition in s. Adm 82.12 (17); and the documentation required under ss. Adm 82.22, 82.25, 82.29, 82.33, and 82.37 to the Department of Administration, P.O. Box 7970, Madison, WI 53707-7970.

Adm 82.50 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 doa.wi.gov and searching for the disabled veteran-owned business certification program. The form and guidance are also available from the department at Disabled Veteran Business Certification Program, P.O. Box 7970, Madison, WI 53707-7970.

Adm 82.50(1)(c) (c) Each application shall include a fee of $50, and an additional payment of $100 for two, one-year renewal fees. The department shall refund the $100 payment if certification is ultimately denied.

Adm 82.50(1)(d) (d) Upon receipt of the application, the department shall review the application for completeness and for compliance with the requirements of s. 16.283, Stats., and this chapter.

Adm 82.50(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 DVB certification.

Adm 82.50(1)(f) (f) The department may impose a time limit of not less than 60 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 82.50(1)(g) (g) All information submitted shall become the property of the department.

Adm 82.50(1)(h) (h) The department may conduct a scheduled or unannounced on-site visit of the applicant’s operations. Failure to cooperate fully during an on-site visit may result in denial of the certification. The visit may include, but is not limited to, the following:

Adm 82.50(1)(h)1. 1. A discussion of business operations with the owners.

Adm 82.50(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 DVB.

Adm 82.50(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: