Section 4.05. Approval of contracts.

 

(1)   Scope. This section applies to any contract for goods and services or both entered into by any person licensed by the division pursuant to s. 562.05 (1) (a) or (b) , Stats., and any other person.

(2)   Division approval.

(a) Any contract in excess of $10,000 per year for any goods or services or both shall be subject to approval by the division and submitted to the division for approval by the licensee. Such a contract shall not, as a matter of public policy, become effective and binding on the parties to the contract unless and until it has been approved by the division. Any contract not so approved shall be considered void as against public policy. Any person requesting division approval of a contract pursuant to this section shall provide the administrator a copy of the contract, which has been signed by all parties to the contract, within 15 days of execution.

(b) Any multiple contracts under $10,000 per year which the division finds are for same or substantially similar goods or services or both shall be deemed to be a contract requiring approval. Any multiple contracts deemed to be a contract requiring approval shall not be binding on the parties unless and until it has been approved by the division. Any contract or contracts not so approved shall be considered void as against public policy. If the division finds that the use of multiple contracts was to circumvent the requirements of this section, the parties thereto shall be subject to a forfeiture not to exceed $10,000 or suspension or revocation of licensure or both.

(c) Any amendment, alteration, addition or deletion of the terms of a contract previously approved by the division shall also be approved by the division. Such amendment, addition, alteration or deletion shall not, as a matter of public policy, become effective and binding on the parties until approved by the division. Any amendment, alteration, addition or deletion not so approved shall be considered void as against public policy. Any person requesting division approval of an amendment, alteration, addition or deletion shall provide the administrator a copy of the same, which has been signed by all parties, within 15 days of execution.

(d) Upon a determination, after a hearing pursuant to ch. Game 3 , that a person, without division approval, has entered into a contract or amendment thereto governed by this section, whether the contract or amendment is oral or written, or has attempted to circumvent the requirements of this section by behaving as if a contractual agreement existed although not reduced to writing or otherwise not meeting all legal requirements for formation of a binding contract, shall be subject to a forfeiture not to exceed $10,000, and suspension or revocation of the license.

(3)   Filing with the division. Any contract for any goods or services or both not in excess of $10,000 per year entered into by any person licensed by the division and any other person shall be filed with the division by the licensee within 15 days of the effective date of the agreement. Any amendment, alteration, addition or deletion thereto shall be filed with the division by the licensee within 15 days of the effective date of the amendment, alteration, addition or deletion. Any amendment, alteration, addition or deletion which makes the total value of any goods or services or both governed by the contract and amendment, alteration, addition or deletion to be in excess of $10,000 per year shall require division approval of both the original contract and amendment, alteration, addition or deletion as provided in this section. Failure to so obtain division approval by the licensee shall subject the licensee to the disciplinary procedures which may include license suspension or revocation or imposition of a forfeiture.

History: Cr. Register, March, 1990, No. 411 , eff. 4-1-90; CR 03-070 : am. (2) (a) to (c) and (3) Register November 2003 No. 575 , eff. 12-1-03.