Adm 82.60(2)(f)(f) The DVB does not maintain current information on the DVB database.
Adm 82.60 HistoryHistory: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 82.65Adm 82.65Decertification procedure.
Adm 82.65(1)(1)Initiation of decertification process.
Adm 82.65(1)(a)(a) The department may, at the request of any state agency or at its own discretion, examine any business certified as a DVB to verify that the DVB qualifies for certification.
Adm 82.65(1)(b)(b) Any business or individual who believes that a business certified as a DVB 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 DVB, and the basis for the belief that the DVB does not meet the eligibility standards.
Adm 82.65(2)(2)Investigation procedure.
Adm 82.65(2)(a)(a) The department shall notify the DVB, in writing, that the DVB is the subject of a decertification investigation. The notification shall explain the basis for the belief that the DVB does not meet the eligibility standards for certification.
Adm 82.65(2)(b)(b) The department may request records or other documentation from the DVB, may conduct an on-site visit of the DVB facilities and may question other parties during its investigation. Failure to cooperate fully with a record request or during an on-site visit may result in decertification.
Adm 82.65(2)(c)(c) The department may impose a time limit of not less than 15 calendar days in which the DVB 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 DVB. 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 DVB fails to provide the information within the time limit imposed, the department shall issue a notice of intent to decertify.
Adm 82.65(2)(d)(d) Upon completion of the investigation, the department shall prepare a written report that includes all of the following:
Adm 82.65(2)(d)1.1. A statement of the facts leading to the investigation.
Adm 82.65(2)(d)2.2. Steps taken in the investigation.
Adm 82.65(2)(d)3.3. Findings of the investigation.
Adm 82.65(2)(d)4.4. A conclusion that contains a recommendation for disposition of the matter.
Adm 82.65(3)(3)Notice of intent to decertify.
Adm 82.65(3)(a)(a)
Adm 82.65(3)(a)1.1. If the department determines that a DVB failed to comply with a reasonable request for records or other documentation or does not qualify for certification, the department shall send the DVB 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 DVB the opportunity for an informal hearing under s. Adm 82.70.
Adm 82.65(3)(a)2.2. The department shall send a copy of any notice issued under subd. 1. to the department of transportation.
Adm 82.65(3)(b)(b) The DVB shall have 60 calendar days from the date of the department’s notification to submit a written request for an informal hearing.
Adm 82.65(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 DVB of its appeal rights under ch. 227, Stats., and s. Adm 82.75.
Adm 82.65(3)(d)(d) The department shall send a copy of the final notice of decertification to the affected DVB and to the department of transportation, within 30 calendar days after expiration of the time period in par. (b).
Adm 82.65(4)(4)Reapplication. A decertified business, financial adviser, or investment firm may reapply for certification no earlier than 12 months from the date of the final notice of decertification where the decertification is based on submittal of false or misleading information, and no earlier than 3 months from the date of the final notice of decertification where the decertification is based on other reasons. 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 82.65 HistoryHistory: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; corrections in (3) (a) 2., (d) made under s. 13.92 (4) (b) 6., Stats., Register September 2011 No. 669; correction in (3) (a) 1., (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 82.70Adm 82.70Informal hearing procedure.
Adm 82.70(1)(1)Any business, financial adviser, or investment firm 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, financial adviser, or investment firm believes the decision is in error, and may include any additional information that the business, financial adviser, or investment firm has to offer. The business, financial adviser, or investment firm shall submit the request for the informal hearing to the Administrator, Disvision of Enterprise Operations, Department of Administration, P.O. Box 7867, Madison, WI 53707-7867.
Adm 82.70 NoteNote: Sections Adm 82.50 (2) (b), 82.52 (2), 82.55 (3), 82.65 (3) (b) and 82.94 (3) specify deadlines for submitting requests for informal hearings.
Adm 82.70(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 82.70(3)(3)The department shall conduct the hearing on an informal basis.