Adm 84.12(2)(2)Evidence that the quantity, type and condition of the business’ equipment and inventory are adequate to carry out its business functions.
Adm 84.12(3)(3)Loan and other financing agreements, leases, employee contracts, payroll records and other documents demonstrating that the business relationships with a nonminority business do not preclude it from performing a useful business function.
Adm 84.12(4)(4)Contracts, purchase orders, invoices and other documents showing that the business has a diversity of suppliers and is not acting as a conduit for a single supplier.
Adm 84.12 HistoryHistory: Cr. Register, September, 1987, No. 381, eff. 10-1-87.
Adm 84.13Adm 84.13Special circumstances. Any one of the following circumstances creates a presumption that the minority business does not satisfy the eligibility standards for certification as a minority business enterprise. In such instances, the applicant has the burden of establishing to the department’s satisfaction that the minority owner or owners meet the eligibility standards despite the existence of one or more of the following factors:
Adm 84.13(1)(1)Firms formed within one year prior to an application for certification.
Adm 84.13(2)(2)Firms whose ownership or control has changed within one year prior to an application for certification.
Adm 84.13(3)(3)Transfers of shares of stock from nonminorities to minorities that occur within one year prior to an application for certification.
Adm 84.13(4)(4)Firms with authorized but unissued shares which, if issued, could result in less than 51% minority ownership of the business or in less than dominant control by minority owners.
Adm 84.13(5)(5)Firms subject to conversion rights which, if exercised, would result in less than 51% minority ownership of the business or in less than dominant control by minority owners.
Adm 84.13(6)(6)Firms in which one or more of the minority owners is a former or current employee of a nonminority person or business firm which has an ownership interest in or a business relationship with the applicant firm, particularly if the nonminority person or firm is in a substantially similar line of business.
Adm 84.13(7)(7)Firms whose directors, management or both, are substantially the same as those of a nonminority firm which has an ownership interest in, an investment in, or a business relationship with the applicant firm, particularly if the nonminority firm is in a substantially similar line of business.
Adm 84.13(8)(8)Firms which share indistinguishable facilities, such as office space, production, distribution or storage facilities, machinery and equipment or employees with a nonminority firm.
Adm 84.13 HistoryHistory: Cr. Register, September, 1987, No. 381, eff. 10-1-87.
Adm 84.14Adm 84.14Certification procedure for Wisconsin businesses.
Adm 84.14(1)(1)Certification procedure.
Adm 84.14(1)(a)(a) Any business that meets the standards for certification may file an official application with the department.
Adm 84.14 NoteNote: Application forms are available from and should be submitted to: WI Supplier Diversity Program, Department of Administration, P.O. Box 7970, Madison, WI 53707-7970.
Adm 84.14(1)(b)(b) Upon receipt of the application, the department shall review the application for completeness and for compliance with the requirements of s. 16.287, Stats., and s. Adm 84.03.
Adm 84.14(1)(c)(c) The department may request applicants to provide additional information or documentation to provide clarification and substantiation of or to resolve any ambiguities or inconsistencies in their application form.
Adm 84.14(1)(d)(d) The department may impose a time limit of not less than 30 days in which the applicant must provide the requested information. A reasonable extension may be given by the department for good cause shown by the applicant. Requests for time extensions should be made to the program and should specify the length of time for which the extension is being requested and the reasons for the request.
Adm 84.14(1)(e)(e) The department may conduct an on-site visit of the applicant’s operations. The on-site visit may be scheduled or unannounced. The visit may include, but is not limited to, the following:
Adm 84.14(1)(e)1.1. A discussion of business operations with the owners;
Adm 84.14(1)(e)2.2. An examination of the applicant’s physical plant, inventory, machinery and equipment, financial records, customer accounts, and legal records.
Adm 84.14(1)(e)3.3. A review of the business organizational structure, management responsibilities and labor force characteristics.
Adm 84.14(1)(f)(f) After reviewing and evaluating the entire application, the department shall issue 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 84.18.
Adm 84.14(1)(g)(g) Applicants shall have 30 days from the date of the department’s notification of intent to deny certification to submit a written request for an informal hearing. If no request for an informal hearing is made, the determination to deny certification shall become final and a final notice of denial shall be sent to the applicant within 30 days. The notice shall state the reason for denial and notify the applicant of its appeal rights under ch. 227, Stats., and s. Adm 84.19.
Adm 84.14(1)(h)(h) 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 84.14(2)(2)Denial of certification. The department shall deny certification for any of the following reasons: