Adm 82.40 History History: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11.

Adm 82.50 Adm 82.50 Certification procedure for disabled veteran-owned entities.

Adm 82.50(1) (1) Application and review.

Adm 82.50(1)(a) (a) Any business, financial adviser or investment firm that meets the standards for certification may file a certification application with the department.

Adm 82.50(1)(b) (b) The applicant shall submit a valid, department-supplied application form; the three preceding years of business taxes, except where one or two preceding years of business taxes are submitted under s. Adm 82.40 (1); current business financials; documentation showing conformance to the DVB definition in s. Adm 82.12 (17); and the documentation required under ss. Adm 82.22, 82.25, 82.29, 82.33, and 82.37 to the Department of Administration, P.O. Box 7970, Madison, WI 53707-7970.

Adm 82.50 Note Note: The application form that is currently valid, and guidance for completing it, can be obtained by accessing the Department’s Web site at doa.wi.gov and searching for the disabled veteran-owned business certification program. The form and guidance are also available from the department at Disabled Veteran Business Certification Program, P.O. Box 7970, Madison, WI 53707-7970.

Adm 82.50(1)(c) (c) Each application shall include a fee of $50, and an additional payment of $100 for two, one-year renewal fees. The department shall refund the $100 payment if certification is ultimately denied.

Adm 82.50(1)(d) (d) Upon receipt of the application, the department shall review the application for completeness and for compliance with the requirements of s. 16.283, Stats., and this chapter.

Adm 82.50(1)(e) (e) The department may request, at any time that it deems necessary, that the applicant submit additional information or documentation for providing clarification or substantiation, or for resolving any ambiguities or inconsistencies in the application form. Failure to cooperate fully may result in denial of DVB certification.

Adm 82.50(1)(f) (f) The department may impose a time limit of not less than 60 calendar days in which the applicant shall provide the requested information, except the department shall grant a time extension where good cause is shown by the applicant. 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 82.50(1)(g) (g) All information submitted shall become the property of the department.

Adm 82.50(1)(h) (h) The department may conduct a scheduled or unannounced on-site visit of the applicant’s operations. Failure to cooperate fully during an on-site visit may result in denial of the certification. The visit may include, but is not limited to, the following:

Adm 82.50(1)(h)1. 1. A discussion of business operations with the owners.

Adm 82.50(1)(h)2. 2. An examination of the applicant’s physical plant, inventory, machinery and equipment, financial records, accounting records, project files, customers accounts, and any legal documents and records that may be relevant to the certification of the business as a DVB.

Adm 82.50(1)(h)3. 3. A review of the applicant’s organizational structure, management responsibilities and labor force characteristics. In this review, the department may do the following:

Adm 82.50(1)(h)3.a. a. Analyze the ownership of stock in the business, if the applicant is a corporation.

Adm 82.50(1)(h)3.b. b. Examine the work history of the applicant, including contracts the applicant has received and the work the applicant has completed.

Adm 82.50(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 82.70.

Adm 82.50(1)(j) (j) The department shall maintain a DVB 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 82.50(2) (2) Denial of certification.

Adm 82.50(2)(a) (a) The department may deny certification for any of the following reasons:

Adm 82.50(2)(a)1. 1. The department determines that the applicant fails to meet the eligibility standards for certification or other requirements of this chapter.

Adm 82.50(2)(a)2. 2. The applicant fails to furnish the department with requested information within the allotted time period.

Adm 82.50(2)(a)3. 3. The applicant knowingly provides false or misleading information to the department.

Adm 82.50(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 business that is not owned by a disabled veteran.

Adm 82.50(2)(b) (b) Applicants shall have 60 calendar days from the date of a department notification of intent to deny certification, to submit a written request for an informal hearing.

Adm 82.50(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 82.75.

Adm 82.50(2)(d) (d) Each applicant denied certification may reapply for certification, no earlier than the following:

Adm 82.50(2)(d)1. 1. Three months from the date of the final notice of denial of certification, if the denial is based on the reasons listed in par. (a) 1., 2., or 4.