DWD 60.12(8)(a)(a) Upon suspension, demotion or termination, the operator shall vacate the business enterprise premises upon the effective date of that action.
DWD 60.12(8)(b)
(b) If a vendor-owner does not vacate the premises as required under
par. (a), the department may remove any of the property of the business enterprise owned by the vendor-owner and place this property in storage at the expense of the vendor-owner or else deliver it to the vendor-owner at that person's expense.
DWD 60.12(9)
(9) Inventory. Upon suspension, demotion or termination, a physical inventory and valuation of equipment, accessories and merchandise shall be made by the department and the operator or the operator's representative. If the operator chooses not to be present and not to be represented by an agent, the department may engage the assistance of a third party.
DWD 60.12 History
History: Cr.
Register, May, 1983, No. 329, eff. 6-1-83.
DWD 60.13
DWD 60.13
Other reasons for suspending or terminating a license or transferring an operator to a less-demanding business. DWD 60.13(1)(1)
Suspension. An operator's license may be suspended by the department for an indefinite period in the event of extended illness or incapacity when there is reasonable expectation, based on medical evidence, that the operator will return to the business. The operator shall be reinstated when the period of incapacity has ended as certified by a physician.
DWD 60.13(2)
(2) Termination. An operator's license may be terminated by the department for any of the following reasons:
DWD 60.13(2)(a)
(a) Improvement of the operator's vision to the extent that the operator is no longer legally blind;
DWD 60.13(2)(b)
(b) Delivery to the department of a written request from the operator for cancellation of the license;
DWD 60.13(2)(c)
(c) Extended illness or incapacity of the operator preventing personal operation of the business enterprise, when there is no reasonable expectation, based on medical evidence, that the operator can return to work; or
DWD 60.13(3)
(3) Transfer of operator. On written request of the operator, the department may transfer that person to a smaller or otherwise less-demanding business enterprise.
DWD 60.13(4)(a)(a) At the time that an operator is notified that the operator's license is being suspended or terminated, the operator shall be informed of his or her right to challenge the decision as provided in
s. DWD 60.05.
DWD 60.13(4)(b)1.1. The operator shall vacate the business enterprise premises on the effective date of the suspension, termination or transfer.
DWD 60.13(4)(b)2.
2. If a vendor-owner does not vacate the premises as required under
subd. 1., the department may remove any of the property of the business enterprise owned by the vendor and place it in storage at the vendor-owner's expense or else deliver it to the vendor-owner at that person's expense.
DWD 60.13(4)(c)
(c) Upon suspension, termination or transfer, a physical inventory and valuation of equipment, accessories and merchandise shall be made by the department and the operator or the operator's representative. If the operator chooses not to be present and not to be represented by an agent, the department may engage the assistance of a third party.
DWD 60.13(4)(d)
(d) Upon notification of the death of an operator, the department shall arrange with the representatives of the estate for the settlement of accounts on the basis of the interests of affected parties.
DWD 60.13 History
History: Cr.
Register, May, 1983, No. 329, eff. 6-1-83.
DWD 60.14(1)
(1) The form for the agreement between the department and an operator shall be as found in the appendix to this chapter.
DWD 60.14(2)
(2) The agreement between the department and an operator shall include, as attachments, the following exhibits specific to the business enterprise:
DWD 60.14(2)(a)1.1. An inventory of the equipment which shall state the purchase price of each item, and
DWD 60.14(2)(a)2.
2. An inventory of the initial stock of merchandise and supplies which shall state the total purchase price of the initial stock;
DWD 60.14(2)(c)
(c) A copy of the permit or contract between the department and the owner or occupant of the premises where the business enterprise is located;
DWD 60.14(2)(d)
(d) In the case of a co-managed business enterprise, a managerial duty list developed by the co-managers of the business and approved by the department; and
DWD 60.14(2)(e)
(e) Any other documents which in the judgment of the department are required by the particular circumstances.
DWD 60.14(3)
(3) The department shall ensure that the department and the operator each have a signed copy of the agreement including all attachments.
DWD 60.14 History
History: Cr.
Register, May, 1983, No. 329, eff. 6-1-83; am. (2) (c), renum. (2) (d) to be (2) (e), cr. (2) (d),
Register, May, 1994, No. 461, eff. 6-1-94.
APPENDIX
DIVISION OF VOCATIONAL REHABILITATION
STATE DEPARTMENT OF WORKFORCE DEVELOPMENT
OPERATOR'S AGREEMENT
THIS AGREEMENT is made on this day of
19 between the Department of Workforce Development, hereafter referred to as "Department," and residing in the township, county, or city of in the State of Wisconsin, hereinafter referred to as "operator."
The Department has arranged for or leased the right and privilege of placing as the operator of a business enterprise to be located on the premises known as .
THESE parties do hereby mutually agree as follows:
ARTICLE I. The Department agrees, subject to Chapter
DWD 60, Wis. Adm. Code, to grant to the operator the right to conduct business at this location with the understanding that the agreement is, and shall remain, personal only to the operator named in this agreement and may be terminated at any time with due cause or notice by the Department or on the decision of the operator upon 30 days written notice.
ARTICLE II. The operator accepts the agreement and shall conduct the business enterprise described above, subject to Chapter
DWD 60, Wis. Adm. Code, with the express understanding that the operator is not an employe of the Department but is an operator occupying business premises under license and agreement.
ARTICLE III. In the event that the operator shall breach any of the terms or conditions hereof or any of Chapter
DWD 60, Wis. Adm. Code, all rights of the operator hereunder shall cease and terminate, and the department is hereby authorized to enter into and upon said business enterprise and to take full and complete charge thereof and to evict the operator. An operator may appeal this action as outlined in Chapter
DWD 60, Wis. Adm. Code.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed
Date:
DWD Representative
Date:
Operator
This agreement and Chapter
DWD 60,Wis. Adm. Code, have been read and explained to the operator and he or she had received copies of the same.
WITNESS
WITNESS
