Chapter Adm 83

Adm 83.50(1)(i) (i) After completing a review of the application, the department shall send the applicant either a notice of certification — or a notice of intent to deny certification stating the reasons for denial and offering the applicant the opportunity for an informal hearing under s. Adm 83.70.

Adm 83.50(1)(j) (j) The department shall maintain a WBE database that includes the name of the owner, business name, type of business industry, business owner e-mail address, sales volume and growth rates, number of full-time employees, and North American Industrial Classification or National Institute of Governmental Purchasing coding indicating the functional mission of the business.

Adm 83.50(2) (2) Denial of certification.

Adm 83.50(2)(a) (a) The department shall deny certification for any of the following reasons:

Adm 83.50(2)(a)1. 1. The department determines that the applicant fails to meet the eligibility standards for certification.

Adm 83.50(2)(a)2. 2. The applicant fails to furnish the department with requested information within the allotted time period.

Adm 83.50(2)(a)3. 3. The applicant knowingly provides false or misleading information to the department.

Adm 83.50(2)(a)4. 4. The applicant shares indistinguishable facilities, such as office space; production, distribution or storage facilities; machinery and equipment; or employees, with a male-owned business.

Adm 83.50(2)(b) (b) Applicants shall have 30 calendar days from the date of a department notification of intent to deny certification, to submit a written request for an informal hearing.

Adm 83.50(2)(c) (c) If no request for an informal hearing is made, the determination to deny certification shall become final, and the department shall send a final notice of denial to the applicant within 30 calendar days after expiration of the time period in par. (b). The notice shall state the reason for denial and notify the applicant of its appeal rights under ch. 227, Stats., and s. Adm 83.75.

Adm 83.50(2)(d) (d) Each applicant denied certification may reapply for certification, no earlier than 12 months from the date of the final notice of denial of certification.

Adm 83.50(3) (3) Length of certification. A WBE shall remain on the WBE database for a period of three years unless the certification is not renewed under s. Adm 83.52, 83.70 or 83.75; or the WBE is decertified under s. Adm 83.65, 83.70 or 83.75.

Adm 83.50 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (1) (b), (d), (i), (2) (c), (3) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

Adm 83.52 Adm 83.52 Renewal procedure.

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.

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.

Adm 83.75(2) (2) The department shall schedule the formal hearing and 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 83.75(3) (3) The hearing shall be conducted pursuant to ss. 227.43 to 227.51, Stats. Both the business and the department may present evidence, subpoena witnesses and records, and cross-examine witnesses. The business and the department may be represented by counsel.

Adm 83.75 Note Note: Under ch. 227, Stats, the department may designate an official of the department or an employee on its staff or borrowed from another state agency as a hearing examiner to preside over a contested case.

Adm 83.75(4) (4) Within 20 business days after the conclusion of the hearing, the department shall make a decision based on findings of fact and conclusions of law, except as provided in sub. (5).

Adm 83.75(5) (5) The secretary may delegate the authority to make the final decision to the hearing examiner of another state agency. When this authority is delegated, the hearing examiner’s decision shall be the final administrative decision of the department.

Adm 83.75(6) (6) Within 30 business days after the conclusion of the hearing, the department shall notify the affected business and the departments of administration and transportation of the final decision regarding certification, certification renewal, recertification or decertification.

Adm 83.75 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) 6., Stats., Register December 2011 No. 672.

Adm 83.80 Adm 83.80 Notification of changes in application information.

Adm 83.80(1) (1) A WBE shall notify the office in writing of any change in the information contained in an application for certification or recertification within 30 calendar days of the change or before bidding on a state contract, whichever is earlier.

Adm 83.80(2) (2) Within 15 calendar days of receiving the changes in sub. (1), the department shall send the WBE a written determination of either of the following:

Adm 83.80(2)(a) (a) The change is not material, and the certification of the WBE continues.

Adm 83.80(2)(b) (b) The change is material and warrants a review of the status of the WBE.

Adm 83.80(3) (3) If the change warrants a review of the status of the WBE, the department shall conduct the review following the decertification procedures in s. Adm 83.65.

Adm 83.80(4) (4) Failure by a WBE to notify the department of a change that would reduce woman ownership, control or management, or change the business function performed, may result in decertification and may result in the department forwarding pertinent information to the appropriate law enforcement authority for investigation and possible prosecution.

Adm 83.80 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.90 Adm 83.90 Certification of a Wisconsin business by another public agency.

Adm 83.90(1) (1) The department may waive some or all of the certification application requirements and procedures under s. Adm 83.50 for a Wisconsin business that is already certified by another public-sector agency if the department determines that the agency’s standards for certification and certification procedures are substantially equivalent to the department’s.

Adm 83.90(2) (2) In making the determination in sub. (1), the department shall consider factors that include, but are not limited to, the following:

Adm 83.90(2)(a) (a) The documentation that the applicant was required to provide to receive certification by the agency.

Adm 83.90(2)(b) (b) Whether an on-site visit was performed.

Adm 83.90(2)(c) (c) The length of time for which certification is effective.

Adm 83.90(3) (3) To receive any waivers under this section, an applicant shall provide the department with documentation showing the equivalency specified in sub. (1) and addressing the factors specified in sub. (2), except the documentation for sub. (1) is not required for an applicant that submits proof of being certified by an agency listed under sub. (4).

Adm 83.90(4) (4) The department shall maintain a list of certification agencies whose certification procedures are found under sub. (1) to be equivalent to the department’s standards.

Adm 83.90 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 83.92 Adm 83.92 Certification criteria for a non-Wisconsin business. The department may certify a non-Wisconsin business only if the business meets the eligibility standards in s. Adm 83.20, and the business is certified by any applicable state agency in the business’s own state.