Wis. Admin. Code Department of Administration § Adm 83.40 - Special circumstances
Current through November 29, 2021
Any one of the following circumstances creates a presumption that an applicant does not satisfy the eligibility standards for certification as a WBE. In such instances, the applicant has the burden of establishing to the department's satisfaction that the business meets the eligibility standards despite the existence of one or more of the following factors:
(1) The business was formed within one year
prior to an application for certification.
(2) The ownership or control of the business
has changed within one year prior to an application for
certification.
(3) Shares of stock
transferred from a male-owned business to a woman owner of the business, within
one year prior to an application for certification.
(4) The business has unissued shares that, if
issued, could result in less than 51% woman ownership of the business or in
less than dominant control by women owners.
(5) The business is subject to conversion
rights that, if exercised, would result in less than 51% woman ownership of the
business or in less than dominant control by women owners.
(6) One or more of the women owners is a
former or current employee of a male-owned business that has an ownership
interest in or a business relationship with the applicant, particularly if the
male-owned business is in a substantially similar line of business.
(7) An applicant's directors or management or
both, are substantially the same as those of a male-owned business that has an
ownership interest in, an investment in, or a business relationship with the
applicant, particularly if the male-owned business is in a substantially
similar line of business.
(8) The
business shares indistinguishable facilities, such as office space; production,
distribution or storage facilities; machinery and equipment; or employees, with
a non-woman-owned business.
Notes
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