Wisconsin Administrative Code
Department of Administration
Chapter Adm 83 - Woman-owned business certification program
Section Adm 83.65 - Decertification procedure
Universal Citation: WI Admin Code § Adm 83.65
Current through February 24, 2025
(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 WBE to verify that the WBE qualifies for
certification.
(b) Any business or
individual who believes that a business certified as a WBE 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 WBE, and
the basis for the belief that the WBE does not meet the eligibility
standards.
(2) INVESTIGATION PROCEDURE.
(a) The department
shall notify the WBE, in writing, that the WBE is the subject of a
decertification investigation. The notification shall explain the basis for the
belief that the WBE does not meet the eligibility standards for
certification.
(b) The department
may request records or other documentation from the WBE, may conduct an on-site
visit of the WBE facilities and may question other parties during its
investigation.
(c) The department
may impose a time limit of not less than 15 calendar days in which the WBE
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 WBE.
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 WBE 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) If the department determines
that a WBE does not qualify for certification, the department shall send the
WBE 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
WBE the opportunity for an informal hearing under s.
Adm 83.70.
(b)
The WBE shall have 30 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 WBE of its appeal
rights under ch. 227, Stats., and s.
Adm 83.75.
(d)
The department shall send a copy of the final notice of decertification to the
affected WBE and to the departments of administration and transportation,
within 30 calendar days after expiration of the time period in par.
(b).
(4) REAPPLICATION. A decertified business may reapply for certification no earlier than 12 months from the date of the final notice of decertification. 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.
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