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.

Adm 82.50(2)(d)2.2. Twelve months from the date of the final notice of denial of certification, if the denial is based on the reason listed in par. (a) 3.

Adm 82.50(3)(3) Length of certification. A DVB shall remain on the DVB database for a period of three years unless the certification is not renewed under s. Adm 82.52, 82.70 or 82.75; or the DVB is decertified under s. Adm 82.65, 82.70 or 82.75.

Adm 82.50 HistoryHistory: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (1) (b) made under s. 13.92 (4) (b) 6., Stats., correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register September 2011 No. 669; correction in (1) (b), (i), (2) (c), (3) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

Adm 82.52(1)(1) Prior to the end of each of the first two years of every three-year certification period, the department may review any accumulated information for the DVB. As part of the review, the department may collect or require submittal of further information for the DVB. The review shall address whether the DVB is continuing to comply with this chapter. Unless the department notifies the DVB otherwise at the completion of the review, the certification shall renew for the following year.

Adm 82.52(2)(2) A DVB shall have 60 calendar days from the date of a department notification of intent to deny renewal of certification, to submit a written request for an informal hearing under s. Adm 82.70.

Adm 82.52(3)(3) If no request for an informal hearing is made, the determination to deny renewal of certification shall become final, and the department shall send a final notice of denial to the DVB within 30 calendar days after expiration of the time period in sub. (2). The notice shall state the reason for denial and notify the DVB of its appeal rights under ch. 227, Stats., and s. Adm 82.75. The department shall send a copy of the final notice to the department of transportation.

Adm 82.52 HistoryHistory: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2011 No. 669; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 82.55Adm 82.55 Recertification procedure. To maintain its certification status, a DVB shall reapply for its certification prior to the designated expiration date, in accordance with the following procedure:

Adm 82.55(1)(1) The department shall send a recertification application form to each DVB by electronic mail, at least 60 calendar days prior to the certification expiration date.

Adm 82.55(2)(2) The DVB shall submit the completed recertification application form, all business taxes filed during the three preceding years, current business financials, attestation to providing a useful business function, and a fee of $150, to the department within 60 calendar days of receipt of the application form, 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 reasons for the request.

Adm 82.55(3)(3) Processing of recertification applications shall follow the certification procedure described in s. Adm 82.50.

Adm 82.55(4)(4) The recertification process may be postponed for a certified person while he or she is on active duty if the postponement is required by state or federal law or regulation.

Adm 82.55 HistoryHistory: EmR1041: emerg. cr., eff. 11-14-10; CR 11-004: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 82.60(1)(1) The department shall decertify a DVB that is found to not meet the DVB eligibility standards in s. Adm 82.20.

Adm 82.60(2)(2) Sufficient reasons for decertification include the following:

Adm 82.60(2)(a)(a) The status of the DVB has changed to the extent that it no longer satisfies the requirement of ownership, control, and active management of the business or the requirement to perform a useful business function.

Adm 82.60(2)(b)(b) The DVB fails to submit an application for recertification within the allotted time period.

Adm 82.60(2)(c)(c) The DVB fails to comply with a request from the department for records or information within the allotted time period.

Adm 82.60(2)(d)(d) The DVB knowingly provides false or misleading information in support of its certification or recertification application or in response to the department’s request for records or information.

Adm 82.60(2)(e)(e) The DVB is notified of a change to the certification standards and procedures and does not comply with the department’s notification to comply.

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.