Current through February 24, 2025
Factors that the department shall consider in determining
whether one or more women owners actively manage a business include, but are
not limited to, the following:
(1)
DIRECT OPERATIONAL MANAGEMENT.
(a) The
operational management of the woman owner is the demonstrated extent to which
the woman owner actually operates the day-to-day business.
(b) Departmental assessments of operational
management shall rest upon the peculiarities of the industry of which the
business is a part. In order to clarify the level of operational management of
the woman owner, the department may consider each of the following:
1. `Experience.' The woman owner has
education, demonstrable working knowledge or experience in the area of
specialty or industry claimed in the application.
2. `Responsibility for decision-making.'
a. The woman owner makes basic decisions
pertaining to the daily operation of the business, such as the purchase of
goods, equipment, business inventory and services.
b. The woman owner supervises the business's
employees.
3. `Technical
competence.'
a. The woman owner has technical
competence in the industry or specialty of the business or a working knowledge
of the technical requirements of the business sufficient to critically evaluate
the work of subordinates.
b. The
woman owner has the ability to perform in her area of specialty or expertise
without substantial reliance upon finances and resources - such as equipment,
automobiles and facilities - of males or non-woman-owned business
enterprises.
(2) DELEGATED OPERATIONAL MANAGEMENT. Where
the actual day-to-day operational management is delegated to a person other
than a woman owner, the active-management requirements may be met if the woman
owner has the ultimate power to hire and fire that person.
(3) POTENTIAL CONSTRAINTS ON OPERATIONAL
MANAGEMENT. In reviewing governance documents and issues, the department shall
give special attention to the extent to which all of the following aspects
affect the ability of the woman owner to direct the management and policies of
the business:
(a) The composition of the
business's governing body.
(b) The
functioning of the governing body.
(c) The content of shareholder's agreements,
bylaws, or state incorporation statutes.
