Register, December, 1996, No. 492
Chapter DWD 60
SUPERVISED BUSINESS ENTERPRISES OPERATED BY BLIND PERSONS
Authority and purpose.
Committee of operators.
Access by operators to program information.
Selection of suitable locations.
Selection of operators.
Setting up the business enterprise.
Operating the business enterprise.
Other reasons for suspending or terminating a license or transferring an operator to a less-demanding business.
Ch. DWD 60 Note
Chapter HSS 260 as it existed on December 31, 1996 was renumbered chapter DWD 60 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492
Authority and purpose.
This chapter sets forth standards and guidelines for administration by the department of a program of supervised business enterprises operated by blind persons. The department establishes new business enterprises and, as feasible, develops, expands and upgrades existing enterprises which are not providing an adequate income to operators or not providing a level of service meeting customer demand. The chapter is promulgated pursuant to rule-making authority conferred by s. 227.11 (2) (a)
, Stats., and implements s. 47.03 (4)
, Stats., as well as the Randolph-Sheppard Act, as amended, 20 USC 107
DWD 60.01 History
Cr. Register, May, 1983, No. 329
, eff. 6-1-83; reprinted to correct error, Register, January, 1984, No. 337
; am. Register, April, 1987, No. 376
, eff. 5-1-87.
As used in this chapter:
"Active participation" means a formal, ongoing process involving the mutual exchange of information and advice in regard to planning and review of proposed program policies, standards and procedures, with the understanding that only the department has the responsibility to administer the program consistent with applicable statutes, regulations and this chapter, and that the right of the committee to actively participate does not affect that responsibility.
"Business enterprise" means a vending facility or other small for-profit enterprise operated by or to be operated by one or more blind persons supervised by the department.
"Co-manager" means an operator who shares the duties and responsibilities of operating a business enterprise with another operator or other operators.
"Committee" means a committee of operators of supervised business enterprises, the members of which are elected to represent all licensees in the state.
"Competency" means fulfilling the requirements of this chapter.
"Contract" means the agreement between the department and the owner or occupant of the premises where the business enterprise is located.
"Department" means the department of workforce development.
"Division" means the department's division of vocational rehabilitation.
"Existing management deficiencies" means deficiencies in operational requirements rather than in individual operator performance, which may occur when the operator is working at full capacity but is unable to fulfill all operational requirements of the business.
"Fair value" means the price acceptable to the department and the operator, or, when the 2 parties do not agree, the value as appraised by any person agreed to by both parties, in either case taking into account the condition of the equipment, its remaining useful life, location, installation and removal costs and other relevant factors permitted by law, to arrive at a depreciated price.
"Gross sales" means all revenues received from the operation of the business enterprise, including those assigned to the operators by the department.
"License" means a written document issued by the department to a blind person, authorizing the blind person to operate a business of the type named in the document.
"Licensee" means a person eligible to become the operator of a business enterprise.
"Managerial duty list" or "duty list" means a comprehensive descriptive statement of the co-managers' shared and individual duty assignments and mutual performance expectations.
"Management need" means the number of operators necessary to maintain or improve efficiency, profits or food handling and safety.
"Management services" means supervision, inspection, quality control, consultation, accounting, regulating, inservice training and other services provided on a systematic basis to support and improve business enterprises.
"Net proceeds" means the amount remaining from the sale of articles or services of business enterprises and any vending machine or other income accruing to an operator, after deducting the cost of the sales and other expenses but excluding set-aside charges required to be paid by the operator.
"Operator" means a blind licensee who is operating a supervised business enterprise on federal or other property.
"Operator's agreement" means the document issued by the department that authorizes an operator to conduct business at a specific location.
"Permit" means the agreement with the controlling body or organization of the federal building or other property in which the business enterprise is located.
"Set-aside" means the money collected by the department from operators, based on a percentage of net proceeds, to be used for purposes stated in s. DWD 60.11 (4)
"Vendor-owner" means a business enterprise operator who has exercised the option to purchase the stock and equipment of the business enterprise.
DWD 60.02 History
Cr. Register, May, 1983, No. 329
, eff. 6-1-83; renum. (4) to (20) to be (5) to (9), (11) to (14) and (17) to (24), cr. (4), (10), (15), (16); Register, May, 1994, No. 461
, eff. 6-1-94; correction in (8) made under s. 13.93 (2m) (b) 6., Stats., Register, December, 1996, No. 492
There shall be an elected committee of operators to actively participate with the department in the administration of the business enterprise program. The department shall call and conduct elections of committee members. Only operators may nominate candidates and only operators may vote for committee members. All operators shall be given the opportunity to vote for committee members.
The committee shall have not less than 5 members nor more than 9 members, all elected by the operators. Elections shall be held each year. Each member shall serve a term of 2 years, except that at the first election at least 2 members shall be elected for 1 year terms.
The committee shall meet at least 4 times a year to carry out its responsibilities.
The department shall communicate with the committee and receive communications from the committee on matters within the purview of the committee.
Committee responsibilities shall include but are not limited to:
Active participation with the department in its work of making major administrative decisions and policy and program development decisions affecting the overall administration of the business enterprise program;
Receiving and transmitting grievances to the department at the request of blind licensees and serving as an advocate for these licensees in connection with their grievances;
Active participation with the department in the development and administration of a system for transfer and promotion of operators;
Active participation with the department in development of operator training and retraining programs;
Sponsoring, with the assistance of the department, meetings and instructional conferences for operators within the state;
Active participation with the department, on at least an annual basis, in establishing the amount of set-aside funds needed for the coming year and the subsequent charges to arrive at that amount. The department shall maintain adequate records to support the reasonableness of the charges for each purpose for which the funds are spent;