Adm 82.28(1)(a) (a) Authority and restrictions as indicated in the articles of incorporation, by-laws, minutes of corporate meetings, bank signature cards, partnership and joint venture agreements and other business agreements and documents.

Adm 82.28(1)(b) (b) Membership of one or more disabled veteran owners on the board of directors.

Adm 82.28(1)(c) (c) Holdings by disabled veteran owners of the voting interests in the business.

Adm 82.28(1)(d) (d) The managerial experience, knowledge and expertise of the disabled veteran owners in such areas as finance, budgeting, personnel, production, marketing and research.

Adm 82.28(1)(e) (e) Whether the disabled veteran owners have the authority to make policy decisions in such areas as finance, budgeting, personnel, production, marketing and research.

Adm 82.28(1)(f) (f) Whether the daily business operations are controlled by one or more duly authorized representatives of one or more disabled veterans.

Adm 82.28(1)(g) (g) Whether the disabled veteran owners or their duly authorized representatives are substantially unconnected with the principal place of business, such as by being incarcerated.

Adm 82.28(2) (2) An applicant’s assertion of being independent from a business that is owned by other than a disabled veteran may not rest solely on recognition of the disabled veteran owners by governmental taxing authorities. Other test criteria may include the following:

Adm 82.28(2)(a) (a) An applicant’s relationship with any business that is not owned by a disabled veteran, which involves any long-term contract or lease agreements.

Adm 82.28(2)(b) (b) The existence of working agreements with any business that is not owned by a disabled veteran.

Adm 82.28(2)(c) (c) An applicant’s status as a party to any contract or lease agreement on terms at variance with industry standards or prudent business practices.

Adm 82.28(2)(d) (d) The existence of restrictive financing agreements with any business that is not owned by a disabled veteran or any financial institution which impose undue limitations on the applicant.

Adm 82.28(2)(e) (e) Interlocking stock ownership of the applicant and any business that is not owned by a disabled veteran in the same industry.

Adm 82.28(2)(f) (f) Common directors or officers between the applicant and any business that is not owned by a disabled veteran.

Adm 82.28(2)(g) (g) An applicant’s use of employees, equipment, expertise, facilities, or other resources from a business that is not owned by a disabled veteran.

Adm 82.28(2)(h) (h) The receipt of financial benefits, such as profits and wages, that are not commensurate with the duties performed, by a business that is not owned by a disabled veteran.

Adm 82.28(2)(i) (i) An applicant that cannot operate without licenses, permits or insurance held by another business.

Adm 82.28(2)(j) (j) An applicant that does not possess all legal requirements necessary to its operation.

Adm 82.28 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.29 Adm 82.29 Documentation of control.

Adm 82.29(1) (1) An applicant shall submit evidence that one or more disabled veteran owners or their duly authorized representatives have control over the business. The evidence may include any of the following:

Adm 82.29(1)(a) (a) Signed bids and contracts.

Adm 82.29(1)(b) (b) Signed debt instruments.

Adm 82.29(1)(c) (c) Signed hiring decisions.

Adm 82.29(1)(d) (d) Bank signature cards and bank resolution authorizations, for savings, checking and other financial accounts.

Adm 82.29(1)(e) (e) Written proof that the organizational and governing documents of an applicant, such as limited liability company operating agreements, partnership agreements, or articles of incorporation and by-laws, do not contain any provision which restricts the disabled veteran owner or his or her duly authorized representative from exercising control of the business.

Adm 82.29(1)(f) (f)

Adm 82.29(1)(f)1. 1. Documentation, such as résumés, showing that the disabled veteran owners or their duly authorized representatives have the managerial experience, knowledge and expertise — in such areas as finance, budgeting, personnel, production, marketing and research — needed for exercising day-to-day control over the business.

Adm 82.29(1)(f)2. 2. The department may waive the managerial experience required in subd. 1., when a disabled veteran is starting a disabled veteran-owned business, financial adviser, or investment firm.