Wis. Admin. Code Department of Administration Adm 83.32

Current through September 30, 2024

Section Adm 83.32 - Determination of active management

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.

Wis. Admin. Code Department of Administration Adm 83.32

CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07.