DWD 816.01
DWD 816.01
Purpose. This chapter is to establish rules to govern the granting of funds by the department for dislocated workers programs as described in s.
106.15, Stats.,
29 USC 1651 (b) and
1652. This chapter does not preclude the department from pursuing federal funds under
29 USC 1651 301 (a) and (c).
DWD 816.01 History
History: Cr.
Register, March, 1987, No. 375, eff. 4-1-87; correction made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DWD 816.02
DWD 816.02
Definitions. In this chapter, unless otherwise provided the following words and phrases have the designated meaning.
DWD 816.02(2)
(2) "Adult" means an individual 18 years of age or older.
DWD 816.02(3)
(3) "Chief of local elected official (CLEO)" means:
DWD 816.02(3)(b)
(b) In the case of all other service delivery areas, the elected county executive or the county board chairperson in counties that have no elected county executive.
DWD 816.02(4)
(4) "Department" means the department of workforce development.
DWD 816.02(5)
(5) "Dislocated farmer" means an individual 18 years old who is a farmer, as defined in
sub. (9), and who is a dislocated worker according to provisions of
sub. (6) (b) described in s.
106.15, Stats.
DWD 816.02(6)(a)
(a) The individual has been terminated or laid off or has received a notice of termination or lay-off from employment, is eligible for or has exhausted his or her entitlement to unemployment compensation, and is unlikely to return to his or her previous industry or occupation.
DWD 816.02(6)(b)
(b) The individual has been terminated, or has received a notice of termination of employment, as a result of any permanent closure of a plant or facility.
DWD 816.02(6)(c)
(c) The individual is long term unemployed and has limited opportunities for employment or reemployment in the same or similar occupation in the area in which the individual resides, including any older individual who may have substantial barriers to employment by reason of age.
DWD 816.02(7)
(7) "Division" means the division of employment and training within the department of workforce development.
DWD 816.02(8)
(8) "Division grantee" means an organization or agency receiving a grant of JTPA funds or related GPR funds for employment and training programs directly from the division.
DWD 816.02(9)
(9) "Farmer" means an individual 18 years of age or older whose primary employment is the operation of farm premises as described in s.
106.15, Stats.
DWD 816.02(10)
(10) "Farm premises" means the real estate and buildings that comprise the farm.
DWD 816.02(11)
(11) "Grant" means an agreement between the division and the grantee whereby the division provides funds to carry out specific programs, services, or activities.
DWD 816.02(12)
(12) "Grantee" means an organization or agency receiving a grant of JTPA funds or related GPR funds for employment and training programs directly or indirectly from the division.
DWD 816.02(13)
(13) "Grantor" means the division or other organization or agency from which the grantee receives its grant.
DWD 816.02(14)
(14) "Independent party" means a hearing examiner designated by the division who has no direct relationship or prior involvement in the case.
DWD 816.02(15)
(15) "Long term unemployed" means any individual who is unemployed at the time of eligibility determination and has been unemployed for 15 or more of the 26 weeks immediately prior to such determination.
DWD 816.02(16)
(16) "Matching funds" means the contribution made by the grantee of non-federal funds, or other funds authorized by JTPA to the grant which underwrites the direct cost of employment or training services provided by state or local programs, private non-profit organizations, or private for profit employers.
DWD 816.02(17)
(17) "Private industry council (PIC)" means the council established for each SDA in accordance with section 102 of the Job Training Partnership Act of 1982.
DWD 816.02(20)
(20) "Proposal guidelines" means the instructions for completing a proposal.
DWD 816.02(21)
(21) "Request for proposals (RFP)" means the competitive process of soliciting proposals to provide a service or administer a project.
DWD 816.02(22)
(22) "Regulations" means Department of Labor - Employment and Training Administration's Implementing Regulations for Programs under the Job Training Partnership Act, 20 CFR, Parts
626 through
638.
DWD 816.02(23)
(23) "Review panel" means a panel chaired by the secretary, that includes the secretary of the department of development, the director of the state technical college system, the chairperson of the SJTCC and 3 other members of the SJTCC as appointed by the secretary.
DWD 816.02(24)
(24) "Secretary" means the secretary of the department of workforce development.
DWD 816.02(25)
(25) "Service delivery area or (SDA)" means a geographic area designated by the governor for administering JTPA funds in accordance with section 101 of the Job Training Partnership Act of 1982, of which:
DWD 816.02(25)(a)
(a) One-third of the members represent business and industry including members of private industry councils.
DWD 816.02(25)(b)
(b) At least one-fifth of the members represent the state legislature and state agencies.
DWD 816.02(25)(c)
(c) At least one-fifth of the members represent units of local government.
DWD 816.02(25)(d)
(d) At least one-fifth of the members represent the general public, the eligible population, community based organizations, and local education agencies.
DWD 816.02(26)
(26) "State job training coordinating council (SJTCC)" means the council which is appointed by the governor to provide advice in planning, coordinating and monitoring JTPA and related activities and services and which is comprised of individuals representing the following groups:
DWD 816.02(26)(a)
(a) One-third of the membership of the state council shall be representatives of business and industry (including agriculture, where appropriate) in the state, including individuals who are representatives of business and industry on private industry councils in the state.
DWD 816.02(26)(b)
(b) Not less than 20% of the membership of the state council shall be representatives of the state legislature and state agencies and organizations, such as the state educational agency, the state vocational education board, the state advisory council on vocational education, the state board of education (when not otherwise represented), state public assistance agencies, the state employment security agency, the state rehabilitation agency, the state occupational information coordinating committee, state postsecondary institutions, the state economic development agency, state veterans' affairs agencies or equivalent, and such other agencies as the governor determines to have a direct interest in employment and training and human resource utilization within the state.
DWD 816.02(26)(c)
(c) Not less than 20% of the membership of the state council shall be representatives of the units or consortia of units of general local government in such state (including those which are administrative entities or grantees under this Act) which shall be nominated by the chief elected officials of the units or consortia of units of general local government; and
DWD 816.02(26)(d)
(d) Not less than 20% of the membership of the state council shall be representatives of the eligible population and of the general public, representatives of organized labor, representatives of community-based organizations, and representatives of local educational agencies (nominated by local educational agencies).
DWD 816.02(27)
(27) "Unemployed individual" means an individual who did not work during the 7 consecutive days prior to application to a JTPA program, who made specific efforts to find a job within the past 4 weeks prior to application, and who was available for work during the 7 consecutive days prior to application. The 7 days requirement does not apply if the individual has been suffering from an illness.
DWD 816.02(28)
(28) "Underemployed" means being employed full-time with annualized family income below the poverty level, or employed part-time and seeking full-time employment.
DWD 816.02 History
History: Cr.
Register, March, 1987, No. 375, eff. 4-1-87; am. (9), r. (18),
Register, May, 1988, No. 389, eff. 6-1-88; correction in (23) made under s. 13.93 (2m) (b) 6., Stats.,
Register, November, 1995, No. 479; corrections in (4), (5), (6) (intro.), (7), (9), (15) and (24) made under s. 13.92 (4) (b) 6. and 7., Stats.,
Register November 2008 No. 635.
DWD 816.03
DWD 816.03
Administration. The division is responsible for soliciting proposals for the funds, for reviewing applications, for making comments or recommendations to the review panel on the disposition of proposals, for executing grant agreements, for authorizing payments and otherwise implementing grant obligations entailed in grants made under the terms of this chapter, for monitoring the provision of services, for receiving reports required by the department, and for ensuring that audits are conducted.
DWD 816.03 History
History: Cr.
Register, March, 1987, No. 375, eff. 4-1-87.
DWD 816.04
DWD 816.04
Eligible participants. Any person participating in an employment and training program offered by a grantee must be eligible under
29 USC 1504,
1577 and
1652. In addition, any person served under s.
106.15, Stats., shall meet the requirements of either
sub. (1) or
(2).
DWD 816.04(1)(a)(a) The person shall be dislocated from his or her place of employment within the last 5 years; and
DWD 816.04(1)(b)
(b) A person over 22 years of age shall have at least 2 years continuous or intermittent previous work history. A person 21 years of age or younger shall have at least 4 years previous work history. Victims of a permanent plant or facility closing are exempt from all work history requirements; and
DWD 816.04(1)(c)
(c) The person does not have a specific recall date from an employer.
DWD 816.04(2)
(2) The person is a dislocated farmer, according to provisions of
s. DWD 816.02 (5). A farmer is considered an individual who has been terminated, or has received notice of termination of employment, as a result of permanent closure of a facility if conditions in
pars. (a) and
(b) are met:
DWD 816.04(2)(a)
(a) The farmer demonstrates that one or more of the following has occurred:
DWD 816.04(2)(a)1.
1. A notice of foreclosure or intent to foreclose upon the farm premises has been issued;
DWD 816.04(2)(a)2.
2. The farm has not realized a profit during the 12 months immediately preceding;
DWD 816.04(2)(a)3.
3. The farmer has filed a petition in bankruptcy or has been adjudicated bankrupt;
DWD 816.04(2)(a)5.
5. The farmer owes outstanding payments on a loan to finance farm premises; or
DWD 816.04(2)(a)6.
6. The amount of the farmer's debts totals at least 70% of the amount of the farmer's assets.
DWD 816.04(2)(b)
(b) The farmer states in writing that the operation of farm premises has terminated or will terminate as a result of one or more circumstances under
par. (a) and that because of the termination of those operations, it is unlikely that the farmer will be primarily employed in farming.
DWD 816.04 History
History: Cr.
Register, March, 1987, No. 375, eff. 4-1-87; correction in (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DWD 816.05
DWD 816.05
Eligible applicants. Any public, private non-profit or private for-profit agency or organization is eligible to apply for funds and provide program services.
DWD 816.05 History
History: Cr.
Register, March, 1987, No. 375, eff. 4-1-87.
DWD 816.06
DWD 816.06
Plan development. The division, with the advice of the review panel, shall develop a plan for the dislocated worker program. The plan shall comply with
29 USC 1558.
DWD 816.06(1)
(1) The plan shall address at least the following: objectives for the dislocated workers program, program priorities and description, performance standards and coordination with other programs.
DWD 816.06(2)
(2) The plan developed by the division shall be provided to the speaker and minority leader of the assembly, the president and minority leader of the senate and made available to the public for a review and comment period at least 30 days prior to its implementation. It shall also be reviewed by the state job training coordinating council for consistency with the governor's coordination and special services plan required by the Job Training Partnership Act (JTPA).
DWD 816.06 History
History: Cr.
Register, March, 1987, No. 375, eff. 4-1-87.
DWD 816.07
DWD 816.07
Types of programs. The division may establish, in the plan for the dislocated workers program, portions of the program's fund to respond to special needs of Wisconsin's dislocated workers. These may include programs such as:
DWD 816.07(1)
(1) Wisconsin re-employment program or WREP — provides funding for long term projects that will result in returning dislocated workers to productive employment through areas of emphasis such as: improving coordination with statewide economic development efforts and the state's other employment and training programs; lessening the impact of major plant closings and major layoffs; serving targeted groups of women, minorities, handicapped, older workers and dropouts; lessening the impact of a decline in an occupation or industry; or serving the long term unemployed.
DWD 816.07(2)
(2) Special response fund — provides short-term flexible funding for projects responding to emergencies when workers are affected by a plant closing or major layoff, and to new or expanding industries or companies needing assistance in the training of their work force.
DWD 816.07(3)
(3) Wisconsin farmers fund — provides funding for projects to serve dislocated family farmers who are forced out of business due to the factors stated in s.
106.15, Stats., and who shall find other permanent, long-term employment.
DWD 816.07 History
History: Cr.
Register, March, 1987, No. 375, eff. 4-1-87; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DWD 816.08
DWD 816.08
Proposal solicitation and content. DWD 816.08(1)(1) All projects funded by the dislocated workers program shall comply with the plan. The method for awarding dislocated worker grants shall be through a request for proposals unless another method is approved by the review panel.
DWD 816.08(2)
(2) Each RFP, including the content and evaluation criteria, shall be developed by the division under guidance of the review panel and the plan.
DWD 816.08(3)
(3) Each proposal shall provide: a statement of need; a description of any skill development or training to be provided; occupations that are in demand within the targeted geographic area; how the program is to be coordinated with other employment and training programs; how labor organizations have been involved in planning the project when a substantial number of their members will be served; how local private industry council and chief elected officials have been involved and if they have been provided 45-days for review and comment or submitted a letter commenting on proposal to the division; a description of past performance; an itemized estimate of cost; the minimum rate of placement; the minimum average wage of placement; maximum cost per placement; and the administrative capacity of the applicant.
DWD 816.08 History
History: Cr.
Register, March, 1987, No. 375, eff. 4-1-87.
DWD 816.09
DWD 816.09
Proposal review. Preliminary screening: the division shall conduct a preliminary screening for all proposals. The division shall award points for a proposal based on the following criteria and point system:
DWD 816.09(1)(a)(a) Performance standards: the division may award from 0 to 3 points to proposals based on compliance with the required minimum placement rate, average wage at placement and maximum cost per placement.
DWD 816.09(1)(b)
(b) Cost limitations: the division may award from 0 to 1 point to proposals based on their compliance with cost limitations established for the administration, support and training budget line items.
DWD 816.09(1)(c)
(c) Private industry council and chief local elected officials: the division may award 0 to 1 point on the basis that proof has been provided that the local private industry council and chief local elected officials, or the designated chief local elected officials in the case of a consortium, have been provided 45 days for review and comment or submitted a letter commenting on proposal to the division.
DWD 816.09(1)(d)
(d) Completeness: the division may award from 0 to 6 points based on the proposal's inclusion of the 6 following items: a statement of need; a description of any skill development or training to be provided; a description of occupations that are in demand within the targeted geographic area; how the proposed project is coordinated with other employment and training programs; an itemized estimate of cost; and a description of the administrative capacity of the applicant.
DWD 816.09(1)(e)
(e) Local labor union involvement: the division may award 0 to 1 point on the basis of written support of the local labor union when a substantial number of its members will be served; one point will automatically be awarded to proposals in cases where no union members will be served.
DWD 816.09(1)(f)
(f) History of demonstrated poor performance or fiscal non-compliance: the division shall not award points for this item. The division shall inform the review panel of previous poor performance such as failure to achieve performance standards or continued performance below planned levels or fiscal non-compliance.
DWD 816.09(2)
(2) Proposals that score 12 points in the initial screening shall qualify for referral to the review panel and secretary for consideration. In addition, the division shall provide the review panel with the information described in
sub. (1) (f), summaries of the qualifying and recommendations for funding alternatives which shall best fulfill the objectives of the dislocated workers plan.
DWD 816.09(3)
(3) The review panel shall make recommendations to the secretary on the selection of grantees based on a request for proposals. The panel shall consider all of the factors listed in s.
106.15, Stats. Severity of need may include factors such as the unemployment rate, the number of unemployed or dislocated workers and the economic conditions of the area. Appropriate skill development or training may include factors such as the demand for the occupation in the area to which relocation assistance shall be provided. In addition, the review panel may consider geographic area to be served; any recommendations of the local private industry council and chief local elected officials; demonstrated effectiveness; cost effectiveness; placement rate; administrative capacity of the applicant; and ability to raise matching funds.
DWD 816.09(4)
(4) The secretary shall receive and review recommendations from the review panel and shall render a final decision on funding.
DWD 816.09 History
History: Cr.
Register, March, 1987, No. 375, eff. 4-1-87; am. (1) (f), (2) to (4),
Register, May, 1988, No. 389, eff. 6-1-88; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
