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) (1) 

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.

DWD 816.10 DWD 816.10  Reporting requirements. All grantees are required to maintain fiscal and programmatic records as required by the division and to make periodic and special reports as required by the division.

DWD 816.10 History History: Cr. Register, March, 1987, No. 375, eff. 4-1-87.

DWD 816.11 DWD 816.11  Complaints/grievances. Complaints regarding decisions by grantees of the Job Training Partnership Act (JTPA) program in Wisconsin. Complaints and Grievances shall be made to the division after procedures described in JTPA-PL. 97-300 section 144., (a) to (c)., 20 CFR Part 629.51 to 629.58 have been exhausted by local jurisdictions. The division requires that the following procedures be used in processing complaints on alleged violation of JTPA Act or its regulations:

DWD 816.11(1) (1) General requirements:

DWD 816.11(1)(a) (a) Each grantee will establish and/or maintain grievance procedures that meet JTPA and s. 106.15, Stats., requirements. Grantees shall describe those procedures in their training plans.

DWD 816.11(1)(b) (b) Each grantee shall assure that all subgrantees with which it contracts under JTPA or s. 106.15, Stats., are informed of these requirements and that they maintain grievance procedures consistent with such requirements.

DWD 816.11(1)(c) (c) Each grantee shall assure that every employer with which it contracts, including on the job training (OJT) employers who hire JTPA participants and receive division funds, shall maintain a grievance procedure relating to the terms and condition of employment.

DWD 816.11(1)(d) (d) The division administrator, on behalf of the governor, makes the final decision on grievances arising from the operation of the JTPA and s. 106.15, Stats., programs.

DWD 816.11 Note Note: The division does not have the authority to decide on complaints related to alleged discrimination. These complaints are adjudicated by the US department of labor, directorate of civil rights. (DCR) or the equal rights division of the department of workforce development.

DWD 816.11(2) (2) Grievances of a non-criminal nature alleging violations of the Job Training Partnership Act, s. 106.15, Stats., regulations, grants, and agreements shall include the following:

DWD 816.11(2)(a) (a) Complaints/grievances from grantees, sub-grantees, applicants for division funds, JTPA participants, applicants, labor unions, community based organizations or other interested parties.

DWD 816.11(2)(b) (b) Complaints files against the grantee/sub-grantees, employers, employment agencies, labor unions, or the division.

DWD 816.11(3) (3) Requirements and processes for grievances on issues regarding the operation of the JTPA, s. 106.15, Stats., programs, when complaints are filed at the grant recipient level.

DWD 816.11(3)(a) (a) Complaints shall be filed in writing within one year of alleged occurrence, except complaints based on handicapped discrimination which shall be filed within 180 days of the alleged violation with the grantee.

DWD 816.11(3)(b) (b) The respondent shall conduct a hearing within 30 calendar days of the filing date.

DWD 816.11(3)(c) (c) The respondent shall issue a decision to the complainant and the respondent within 60 calendar days of the complaint filing date.

DWD 816.11(3)(d) (d) Complainants who receive an adverse decision, or do not receive a decision on their grievance during the 60 day period, may request a governor's review if they file a request within 10 calendar days of receiving the adverse decision or 10 calendar days after the 60-day decision period ends, whichever is applicable.

DWD 816.11(3)(e) (e) Governor's review (for complaints filed at the grant recipient level). The division on behalf of the governor, shall conduct the governor's review and issue a decision within 30 calendar days after the request for review has been accepted.

DWD 816.11(3)(f) (f) If a decision is not issued within 30 calendar days of the request for a governor's review, the complainant may appeal to the U.S. secretary of the department of labor to determine if the JTPA or applicable federal regulations have been violated. Such an appeal shall be made within 10 days after the governor's review decision was due.

DWD 816.11 Note Note: That local and state procedures shall be exhausted before resorting to federal administrative procedures.

DWD 816.11(4) (4) Requirements and processes of complaints for issues regarding JTPA, s. 106.15, Stats., when the division is the respondent.

DWD 816.11(4)(a) (a) Complaints shall be filed in writing within one year of alleged occurrence, except complaints based on handicapped discrimination which shall be filed within 180 days of the alleged violation.

DWD 816.11(4)(b) (b) When the division is the respondent, the hearing shall be conducted by a hearing examiner within 30 calendar days. The examiner shall follow established procedures, consider all facts, relevant administrative rules, the JTPA and its regulations.

DWD 816.11(4)(c) (c) The examiner shall issue a decision to the complainant and to the respondent within 60 calendar days of the complaint filing date.

DWD 816.11(4)(d) (d) Any complainant who receives an adverse decision or who did not receive a decision on the grievance during the 60 day period may file a request for a governor's independent review.

DWD 816.11(4)(e) (e) Governor's independent review (for complaints filed when the division is the respondent). The division shall designate a hearing examiner to conduct the governor's independent review. The examiner shall make recommendations to the division administrator. The division administrator on behalf of the governor shall issue a decision within 30 calendar days after the request for review has been accepted.

DWD 816.11(4)(f) (f) If a decision is not issued within 30 calendar days of the request for a governor's independent review, the complainant may appeal to the U.S. secretary of the department of labor to determine if the JTPA or applicable federal regulations have been violated. Such an appeal shall be made within 10 days after the governor's independent review decision was due.

DWD 816.11 Note Note: That local and state procedures shall be exhausted before resorting to federal administrative procedures.

DWD 816.11 Note Note: Complaints/grievances which fall under federal jurisdiction are allegations of discrimination based on race, national origin, sex, age, religion and participant status and shall be filed with the US department of labor, directorate of civil rights (DCR) within 180 days of the alleged discrimination. Complainants have the option to also file discrimination complaints with the equal rights division of the department of workforce development within 300 days of the alleged discrimination.

DWD 816.11 History History: Cr. Register, March, 1987, No. 375, eff. 4-1-87; corrections in (1) (a), (b), (d), (2) (intro.), (3) (intro.), and (4) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.