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

 

(1)   Application and review.

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

(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.

(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.

(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.

(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.

(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.

(g) All information submitted shall become the property of the department.

(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:

1. A discussion of business operations with the owners.

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.

3. A review of the applicant's organizational structure, management responsibilities and labor force characteristics. In this review, the department may do the following:

a. Analyze the ownership of stock in the business, if the applicant is a corporation.

b. Examine the work history of the applicant, including contracts the applicant has received and the work the applicant has completed.

(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 .

(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.

(2)   Denial of certification.

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

1. The department determines that the applicant fails to meet the eligibility standards for certification or other requirements of this chapter.

2. The applicant fails to furnish the department with requested information within the allotted time period.

3. The applicant knowingly provides false or misleading information to the department.

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.

(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.

(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 .

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

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.

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.

(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 .

History: 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 .

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. Microsoft Windows NT 6.1.7601 Service Pack 1