Wis. Admin. Code DWD § 60.02

Current through May 28, 2024

Section DWD 60.02 - Definitions

As used in this chapter:

(1) "Active participation" means a formal, ongoing process involving the mutual exchange of information and advice in regard to planning and review of proposed program policies, standards and procedures, with the understanding that only the department has the responsibility to administer the program consistent with applicable statutes, regulations and this chapter, and that the right of the committee to actively participate does not affect that responsibility.

(2) "Blind" has the meaning prescribed in s. 47.01, Stats.

(3) "Business enterprise" means a vending facility or other small for-profit enterprise operated by or to be operated by one or more blind persons supervised by the department.

(4) "Co-manager" means an operator who shares the duties and responsibilities of operating a business enterprise with another operator or other operators.

(5) "Committee" means a committee of operators of supervised business enterprises, the members of which are elected to represent all licensees in the state.

(6) "Competency" means fulfilling the requirements of this chapter.

(7) "Contract" means the agreement between the department and the owner or occupant of the premises where the business enterprise is located.

(8) "Department" means the department of workforce development.

(9) "Division" means the department's division of vocational rehabilitation.

(10) "Existing management deficiencies" means deficiencies in operational requirements rather than in individual operator performance, which may occur when the operator is working at full capacity but is unable to fulfill all operational requirements of the business.

(11) "Fair value" means the price acceptable to the department and the operator, or, when the 2 parties do not agree, the value as appraised by any person agreed to by both parties, in either case taking into account the condition of the equipment, its remaining useful life, location, installation and removal costs and other relevant factors permitted by law, to arrive at a depreciated price.

(12) "Gross sales" means all revenues received from the operation of the business enterprise, including those assigned to the operators by the department.

(13) "License" means a written document issued by the department to a blind person, authorizing the blind person to operate a business of the type named in the document.

(14) "Licensee" means a person eligible to become the operator of a business enterprise.

(15) "Managerial duty list" or "duty list" means a comprehensive descriptive statement of the co-managers' shared and individual duty assignments and mutual performance expectations.

(16) "Management need" means the number of operators necessary to maintain or improve efficiency, profits or food handling and safety.

(17) "Management services" means supervision, inspection, quality control, consultation, accounting, regulating, inservice training and other services provided on a systematic basis to support and improve business enterprises.

(18) "Net proceeds" means the amount remaining from the sale of articles or services of business enterprises and any vending machine or other income accruing to an operator, after deducting the cost of the sales and other expenses but excluding set-aside charges required to be paid by the operator.

(19) "Operator" means a blind licensee who is operating a supervised business enterprise on federal or other property.

(20) "Operator's agreement" means the document issued by the department that authorizes an operator to conduct business at a specific location.

(21) "Permit" means the agreement with the controlling body or organization of the federal building or other property in which the business enterprise is located.

(22) "Randolph-Sheppard Act" means 20 USC 107.

(23) "Set-aside" means the money collected by the department from operators, based on a percentage of net proceeds, to be used for purposes stated in s. DWD 60.11(4).

(24) "Vendor-owner" means a business enterprise operator who has exercised the option to purchase the stock and equipment of the business enterprise.

Wis. Admin. Code Department of Workforce Development § DWD 60.02

Cr. Register, May, 1983, No. 329, eff. 6-1-83; renum. (4) to (20) to be (5) to (9), (11) to (14) and (17) to (24), cr. (4), (10), (15), (16); Register, May, 1994, No. 461, eff. 6-1-94; correction in (8) made under s. 13.93(2m) (b) 6, Stats., Register, December, 1996, No. 492.