Chapter Adm 83

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.

Adm 83.92 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.94 Adm 83.94 Certification procedure for a non-Wisconsin business.

Adm 83.94(1) (1) For non-Wisconsin applicants certified by a state that the department determines has certification requirements which are substantially equivalent to the requirements in s. Adm 83.20, the applicant shall submit the following documentation:

Adm 83.94(1)(a) (a) A copy of the letter of certification from the state in which the applicant is incorporated or has its principal place of business.

Adm 83.94(1)(b) (b) A copy of the most recent application and supporting documentation the applicant submitted to its certifying state in support of its certification, certification renewal or recertification.

Adm 83.94(1)(c) (c) Documentation that the applicant meets the WBE definition in s. Adm 83.12 (53).

Adm 83.94(2) (2) The department may request information from the certifying state, including a copy of any on-site report.

Adm 83.94(3) (3) Upon receipt of the documentation specified in subs. (1) and (2), the department and the applicant shall follow the procedures specified in s. Adm 83.50 (1) (d) to (j), (2) and (3).

Adm 83.94(4) (4) The department may charge the applicant a fee of $150 to cover department expenses in making the certification determination and subsequent renewals.

Adm 83.94 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (1) (intro.), (c), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 83.96 Adm 83.96 Certification criteria for a for-profit corporation owned by a nonprofit organization.

Adm 83.96(1) (1) The department may certify a for-profit corporation owned by a nonprofit organization if the department determines that the nonprofit organization is woman-controlled and managed. Factors that the department may consider in reaching this determination include, but are not limited to, the following:

Adm 83.96(1)(a) (a) At least 51% of the members who may elect the board of directors or trustees and who are entitled to vote on a dissolution of the nonprofit organization are women.

Adm 83.96(1)(b) (b) At least 51% of the board of directors or trustees of the nonprofit organization are women.

Adm 83.96(1)(c) (c) The minutes of the organization’s meetings document the active control and participation of the women members of the board in such areas as setting and monitoring financial policy, personnel policy and program policy.

Adm 83.96(1)(d) (d) The nonprofit organization is independent of control or substantial influence by a male-owned nonprofit or for-profit organization. The department shall refutably presume that the nonprofit woman-owned organization is dependent on a male-owned organization if the woman-owned organization shares office space, staff, equipment, or other resources, with a male-owned for-profit or nonprofit organization or if the woman-owned organization receives a majority of its funding from a single male-owned organization.

Adm 83.96(2) (2) The applicant and department shall follow the certification procedures described in s. Adm 83.50.

Adm 83.96 History History: CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.