Current through February 26, 2024
(1) INITIATION OF
DECERTIFICATION PROCESS.
(a) The department
may, at the request of any state agency or at its own discretion, examine any
business certified as a DVB to verify that the DVB qualifies for
certification.
(b) Any business or
individual who believes that a business certified as a DVB does not qualify
under the standards of eligibility for certification may request a
decertification investigation by the department. This request shall be written
and signed and shall contain specific identification of the affected DVB, and
the basis for the belief that the DVB does not meet the eligibility
standards.
(2)
INVESTIGATION PROCEDURE.
(a) The department
shall notify the DVB, in writing, that the DVB is the subject of a
decertification investigation. The notification shall explain the basis for the
belief that the DVB does not meet the eligibility standards for
certification.
(b) The department
may request records or other documentation from the DVB, may conduct an on-site
visit of the DVB facilities and may question other parties during its
investigation. Failure to cooperate fully with a record request or during an
on-site visit may result in decertification.
(c) The department may impose a time limit of
not less than 15 calendar days in which the DVB shall respond to a request for
records or other documentation, 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 reason for the request. If the DVB fails to provide the information
within the time limit imposed, the department shall issue a notice of intent to
decertify.
(d) Upon completion of
the investigation, the department shall prepare a written report that includes
all of the following:
1. A statement of the
facts leading to the investigation.
2. Steps taken in the
investigation.
3. Findings of the
investigation.
4. A conclusion that
contains a recommendation for disposition of the matter.
(3) NOTICE OF INTENT TO DECERTIFY.
(a)
1. If
the department determines that a DVB failed to comply with a reasonable request
for records or other documentation or does not qualify for certification, the
department shall send the DVB a copy of the report prepared under sub. (2) (d)
- along with a notice of intent to decertify, stating the reasons for
decertification and offering the DVB the opportunity for an informal hearing
under s.
Adm
82.70.
2.
The department shall send a copy of any notice issued under subd. 1. to the
department of transportation.
(b) The DVB shall have 60 calendar 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 DVB of its appeal rights under ch. 227, Stats., and s.
Adm
82.75.
(d)
The department shall send a copy of the final notice of decertification to the
affected DVB and to the department of transportation, within 30 calendar days
after expiration of the time period in par. (b).
(4) REAPPLICATION. A decertified business,
financial adviser, or investment firm may reapply for certification no earlier
than 12 months from the date of the final notice of decertification where the
decertification is based on submittal of false or misleading information, and
no earlier than 3 months from the date of the final notice of decertification
where the decertification is based on other reasons. Any reapplication shall
comply with the same submittal requirements as an initial application for
certification, except the reapplication shall include notation of the previous
decertification.