Section 84.17. Decertification procedure.

 

(1)   Initiation of decertification process.

(a) The department may, at the request of any state agency or at its own discretion, examine any certified minority business enterprise to verify that it qualifies for certification.

(b) Any individual or firm who believes that a business certified as a minority business enterprise does not qualify under the standards of eligibility for certification may request a decertification investigation by the department. Such requests must be written and signed and must contain specific identification of the affected business, and the basis for the belief that it does not meet the eligibility standards. After reviewing the request, the department shall decide either to conduct a review of the minority business enterprise or to allow the certification to stand. The department's decision may not be appealed by a third party.

(2)   Investigation procedure.

(a) The department may notify the business, in writing, that it is the subject of a decertification investigation, explaining the basis for its belief that the business does not meet the eligibility standards for certification.

(b) The department may request records or other documentation from the business, may conduct an on-site visit of the business facilities and may question other parties in its investigation.

(c) The department may impose a time limit of not less than 15 days in which the business must respond to a request for records or other documentation. A reasonable extension may be given by the department for good cause shown by the business. 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 reason for the request. If the business fails to provide the information in the time requested, the department shall issue a notice of intent to decertify.

(d) Upon completion of the investigation, a written report shall be prepared which shall include:

1. A statement of the facts leading to the investigation,

2. Steps taken in the investigation,

3. Findings of the investigation, and

4. A conclusion which contains a recommendation for disposition of the matter.

(3)   Notice of intent to decertify.

(a) If the department determines that the business does not qualify as a minority business, it shall issue a notice of intent to decertify stating the reasons for decertification and offering the business the opportunity for an informal hearing under s. Adm 84.18 .

(b) The business shall have 30 days from the date of the department's notification to submit a written request for an informal hearing.

(c) If no request for an informal hearing is made, the administrator shall issue a final notice of decertification, stating the factual and legal grounds therefore and notifying the business of its appeal rights under ch. 227 , Stats. , and s. Adm 84.19 .

(d) The department shall send a copy of the notice of intent to decertify and a copy of the final notice of decertification to the affected business and to the departments of administration and transportation.

History: Cr. Register, September, 1987, No. 381 , eff. 10-1-87; correction in (3) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1994, No. 467 ; correction in (2) (c), (3) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 .

Note

Written requests for decertification investigations should be sent to: Department of Administration, Minority Business Certification Program, P.O. Box 7970, Madison, WI 53707-7970. Microsoft Windows NT 6.1.7601 Service Pack 1