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.

Adm 83.65(2)(d)2. 2. Steps taken in the investigation.

Adm 83.65(2)(d)3. 3. Findings of the investigation.

Adm 83.65(2)(d)4. 4. A conclusion that contains a recommendation for disposition of the matter.

Adm 83.65(3) (3) Notice of intent to decertify.

Adm 83.65(3)(a) (a) If the department determines that a WBE does not qualify for certification, the department shall send the WBE 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 WBE the opportunity for an informal hearing under s. Adm 83.70.

Adm 83.65(3)(b) (b) The WBE shall have 30 calendar days from the date of the department’s notification to submit a written request for an informal hearing.

Adm 83.65(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 WBE of its appeal rights under ch. 227, Stats., and s. Adm 83.75.

Adm 83.65(3)(d) (d) The department shall send a copy of the final notice of decertification to the affected WBE and to the departments of administration and transportation, within 30 calendar days after expiration of the time period in par. (b).

Adm 83.65(4) (4) Reapplication. A decertified business may reapply for certification no earlier than 12 months from the date of the final notice of decertification. 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 83.65 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (3) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.70 Adm 83.70 Informal hearing procedure.

Adm 83.70(1) (1) Any business that has received a notice of intent to deny certification, to deny renewal of certification, to deny recertification, or to decertify, may submit a written request for an informal hearing. The request shall set forth the grounds on which the business believes the decision is in error, and shall include any additional information that the business has to offer. The business shall submit the request for the informal hearing to the administrator, at the Department of Administration, P.O. Box 7970, Madison, WI 53707. The business shall simultaneously file a copy of the request with the office.

Adm 83.70 Note Note: Sections Adm 83.50 (2) (b), 83.52 (2), 83.55 (3), 83.65 (3) (b) and 83.94 (3) specify deadlines for submitting requests for informal hearings.

Adm 83.70(2) (2) The department shall schedule an informal hearing within 30 calendar days of receipt of the request. The department shall send a written notice of the scheduled hearing to all interested parties at least 10 calendar days prior to the hearing date. The notice shall specify the date, time and location of the hearing. Interested parties shall include all persons who signed the application for certification or recertification.

Adm 83.70(3) (3) The department shall conduct the hearing on an informal basis.

Adm 83.70(4) (4) Within 10 business days after the hearing, the administrator shall notify the business in writing of his or her final decision.

Adm 83.70(5) (5) If the final decision is to grant certification, renew a certification, or issue a recertification, the department shall inform the business of that decision. If the final decision is to deny a certification, a certification renewal, or a recertification, or to decertify, the department shall notify the business of that final decision and the reasons therefore. That notification shall also include reference to the applicant’s appeal rights under subch. III of ch. 227, Stats., and s. Adm 83.75.

Adm 83.70(6) (6) Once the department has made a final decision on certification, recertification or decertification, that determination shall take effect immediately. If a business has been denied certification or recertification or has been decertified, and then appeals the department’s decision, the department’s decision remains in effect unless and until the decision is reversed as a result of the appeals process.

Adm 83.70 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (1), (5) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

Adm 83.75 Adm 83.75 Appeal procedure.

Adm 83.75(1) (1) Any business which has been denied certification, certification renewal, or recertification, or which has been decertified, may submit a written request for a formal hearing under s. 227.42, Stats. The request shall be received by the department within 30 calendar days of the mailing date of the administrator’s notification. The request shall set forth the grounds on which the business believes the decision is in error, and shall include any additional information that the business has to offer. The business shall submit the request for the formal hearing to the Office of the Secretary, Department of Administration, P.O. Box 7864, Madison, WI 53707. The business shall simultaneously file a copy of the request with the office.