Adm 83.52(1) (1) Prior to the end of each of the first two years of every three-year certification period, the department shall review any accumulated information for the WBE. As part of the review, the department may collect or require submittal of further information for the WBE. The review shall address whether the WBE is continuing to comply with this chapter. Unless the department notifies the WBE otherwise at the completion of the review, the certification shall renew for the following year.

Adm 83.52(2) (2) A WBE shall have 30 calendar days from the date of a department notification of intent to deny renewal of certification, to submit a written request for an informal hearing under s. Adm 83.70.

Adm 83.52(3) (3) If no request for an informal hearing is made, the determination to deny renewal of certification shall become final, and the department shall send a final notice of denial to the WBE within 30 calendar days after expiration of the time period in sub. (2). The notice shall state the reason for denial and notify the WBE of its appeal rights under ch. 227, Stats., and s. Adm 83.75. The department shall send a copy of the final notice to the departments of administration and transportation.

Adm 83.52 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.55 Adm 83.55 Recertification procedure. To maintain its certification status, a WBE shall reapply for its certification prior to the designated expiration date, in accordance with the following procedure:

Adm 83.55(1) (1) The department shall send a recertification application form to each WBE by electronic mail, at least 60 calendar days prior to the certification expiration date.

Adm 83.55(2) (2) The WBE shall submit the completed recertification application form, the three preceding years of business taxes, current business financials, attestation to providing a useful business function, and a fee of $150, to the department within 30 calendar days of receipt of the application form, except the department shall grant a time extension where good cause is shown by the WBE. 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 83.55(3) (3) Processing of recertification applications shall follow the certification procedure described in s. Adm 83.50.

Adm 83.55 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.60 Adm 83.60 Decertification criteria.

Adm 83.60(1) (1) The department shall decertify a WBE that is found to not meet the WBE eligibility standards in s. Adm 83.20.

Adm 83.60(2) (2) Sufficient reasons for decertification include, but are not limited to, the following:

Adm 83.60(2)(a) (a) The status of the WBE 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 83.60(2)(b) (b) The WBE fails to submit an application for recertification within the allotted time period.

Adm 83.60(2)(c) (c) The WBE fails to comply with a request from the department for records or information within the allotted time period.

Adm 83.60(2)(d) (d) The WBE 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 83.60(2)(e) (e) The WBE is notified of a change to the certification standards and procedures and does not comply with the department’s notification to comply.

Adm 83.60(2)(f) (f) The WBE does not maintain current information on the WBE database.

Adm 83.60 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.65 Adm 83.65 Decertification procedure.

Adm 83.65(1) (1) Initiation of decertification process.

Adm 83.65(1)(a) (a) The department may, at the request of any state agency or at its own discretion, examine any business certified as a WBE to verify that the WBE qualifies for certification.

Adm 83.65(1)(b) (b) Any business or individual who believes that a business certified as a WBE 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 WBE, and the basis for the belief that the WBE does not meet the eligibility standards.

Adm 83.65(2) (2) Investigation procedure.

Adm 83.65(2)(a) (a) The department shall notify the WBE, in writing, that the WBE is the subject of a decertification investigation. The notification shall explain the basis for the belief that the WBE does not meet the eligibility standards for certification.

Adm 83.65(2)(b) (b) The department may request records or other documentation from the WBE, may conduct an on-site visit of the WBE facilities and may question other parties during its investigation.

Adm 83.65(2)(c) (c) The department may impose a time limit of not less than 15 calendar days in which the WBE 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 WBE. 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 WBE fails to provide the information within the time limit imposed, the department shall issue a notice of intent to decertify.

Adm 83.65(2)(d) (d) Upon completion of the investigation, the department shall prepare a written report that includes all of the following:

Adm 83.65(2)(d)1. 1. A statement of the facts leading to the investigation.