Grants, contracts and other agreements.
Grant, contract and agreement changes.
Complaints and appeals.
Ch. DWD 820 Note
Chapter ILHR 820 was renumbered to chapter DWD 820 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635
This chapter is created to establish the rules which shall govern the administration and granting of funds for Wisconsin employment and training programs authorized under title III of the job training partnership act, 29 USC 1651
et seq., as amended by the economic dislocation and worker adjustment assistance act, P.L. 100-418
, title VI, subtitle D, s. 6302, 102 stat. 1538; and programs authorized under assistance to dislocated workers, s. 106.15
DWD 820.01 History
Cr. Register, February, 1990, No. 410
, eff. 3-1-90; correction made under s. 13.92 (4) (b) 7.
, Stats., Register November 2008 No. 635
Unless otherwise provided in a particular section, the following words and phrases shall have the following meaning:
"Acquisition cost" means the invoice unit price of an item net of any applicable credits or trade-in allowances but including the costs of modifications, attachments, accessories or auxiliary apparatus necessary to make it usable for the purpose acquired. Ancillary charges shall be accounted for pursuant to the organization's written accounting practices, including but not limited to taxes, duty, protective in-transit insurance, freight and installation.
"Administration costs" means that portion of necessary and allowable costs which is not directly related to the provision of services to participants or allowable under the other cost categories. Examples include costs associated with personnel in administrative positions, including salaries, fringe benefits, clerical personnel, materials, equipment, space, utilities and travel. Other examples include costs associated with coordination activities which have no direct and immediate effect on participants, including administrative coordination of the federal-state U.C. system and title II of the trade act, 19 USC 2272
et seq., pursuant to 29 USC 1661c
(f) and 20
. CFR 631.13 (f).
"AFDC" means aid to families with dependent children.
"Applicable credits" means those receipts or reduction-of-expenditure transactions which offset or reduce expense items allocable to a cost objective. Examples include purchase discounts, rebates or allowances, recoveries or indemnities on losses and adjustments of overpayments or erroneous charges.
"Basic readjustment services"means services including but not limited to those authorized under 29 USC 1661c
(c). Examples include development of individual readjustment plans for participants; outreach and intake; early readjustment assistance; job or career counseling; testing; orientation; employability assessment, including evaluation; determination of occupational skills; provision of future world-of-work and occupational information; job placement assistance; labor market information; job clubs; job search; job development; supportive services; pre-layoff assistance; relocation assistance; and programs conducted in cooperation with employers and labor organizations to provide early intervention in the event of plant or facility closures.
"Cash contributions" means cash outlay, including money contributed to the grantee by other public agencies and institutions, private organizations and individuals.
"CETA" means the comprehensive employment and training act, 29 USC 801
, enacted in 1973 and repealed by JTPA.
"CLEO" means the chief local elected executive officer of a unit of general local government in a SSA.
"Cognizant federal agency" means the federal agency that has been assigned by the OMB to approve the indirect cost proposal of a specific state or local government, school or university or other nonprofit organization.
"Community response team" means a group of agencies that may be involved in designing and implementing a reemployment plan for dislocated workers.
"Contractor" means any person, corporation, partnership, public agency or other entity that enters into a contract with the grantee or the department.
"Cost categories" means the allowable cost objective classifications for expenditures under this chapter and include retraining services defined in sub. (67)
; basic readjustment services defined in sub. (6)
; needs-related payments and supportive services defined in subs. (49)
; administration defined in sub. (3)
; and rapid response pursuant to 29 USC 1661c
"Cost objective" means an account or group of accounts established for the accumulation of costs, including but not limited to organizational units, functions, objects or items of expense, specific grants, cost categories or program activities.
"DCR" means the U.S. DOL directorate of civil rights.
"Department" means the Wisconsin department of workforce development.
"Department grantee" means an organization or agency receiving a grant directly from the department.
"Direct costs" means any cost which can be identified specifically with one particular cost objective.
"Dislocated worker committee" means a subcommittee of the Wisconsin jobs council.
"DOD" means the Wisconsin department of development.
"DWLAP" means the substate dislocated worker local assistance plan submitted to the department in compliance with 29 USC 1661b
"EDS" means the department's automated data system which is used to track participant eligibility and enrollment under this chapter.
"EDS EDF" means the eligibility determination form issued by the department for certifying participant eligibility in programs funded under this chapter.
"EDS SCTN" means the status change/termination notice form issued by the department for use in tracking participant enrollment in programs funded under this chapter.
"EDWAA" means the economic dislocation and worker adjustment assistance act, P.L. 100-418
, title VI, subtitle D, s. 6302, 102 Stat. 1538 which amended title III of the job training partnership act, 29 USC 1651
"Equipment" means an article of nonexpendable tangible personal property having a useful life of more than one year and a unit acquisition cost of $500 or more. An organization may use its own definition if it includes all nonexpendable tangible personal property as defined in sub. (50)
"ERD" means the equal rights division within the department.
"ETA" means the employment and training administration within DOL.
"Expendable personal property" means all tangible personal property other than nonexpendable personal property.
"Facilities" means land or buildings, individually or collectively, or any other tangible capital asset wherever located and whether owned or leased, including leasehold improvements and equipment.
"FAS" means the department's automated financial accounting system for programs funded under this chapter.
"FDIC" means the federal deposit insurance corporation.
"Fixed unit price contract" means a contract in which payment is based wholly on the delivery of services by the contractor.
"FSLIC" means the federal savings and loan insurance corporation.
"Grant" means an agreement between the department and the grantee whereby the department provides funds to carry out specific programs under this chapter.
"Grantee" means an organization or agency receiving a grant either directly or indirectly from the department or another grantee.
"Grantor" means the department or another organization or agency from which the grantee receives its grant.
"Immediate family" means wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. Pursuant to 20 CFR 632.118
(c), for Native American grantees, "immediate family" means wife, husband, son, daughter, mother, father, brother and sister.
"Indirect cost" means any general management cost incurred for a purpose benefiting more than one cost objective.
"Industrywide project" means a special response program targeted to a specific population identified by the dislocated worker committee.
"In-kind contributions" means the value of noncash contributions provided by the grantee or third parties which directly benefit and are specifically identifiable to the program. In-kind contributions may be in the form of charges for real or nonexpendable personal property and the value of goods or services.
"Joint cost" means any cost which benefits more than one cost objective and which is readily assignable to the cost objectives benefited. Examples of joint costs include the salary of a staff person teaching both a vocational skills and employer-linked training program or the salary of an individual who administers and provides training for a program.
"Leasehold improvements" means any capital expenditure made for additions or improvements to any tangible real property leased by the grantee.
"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 eligibility determination.
"Needs-related payments" means payments made pursuant to 29 USC 1661c
(e) by a SSG to an eligible dislocated worker who does not qualify or has ceased to qualify for U.C. in order to enable the worker to participate in training or education programs funded under this chapter.
"Nonexpendable personal property" means tangible personal property having a useful life of more than one year and unit acquisition cost of $500 or more.
"OIG" means the U.S. office of the inspector general.
"OMB" means the U.S. office of management and budget.
"Participant" means any individual who has been determined eligible for participation and started receiving subsidized employment, training or services under a grant following intake, except for an individual who receives only outreach, intake and assessment services or an individual who receives post-termination services.
"Performance based contract" means a type of fixed unit price contract under which costs may be allocated entirely to the retraining services cost category.
"Personal property" means property of any kind except real property. Personal property may include expendable and nonexpendable property and be either tangible or intangible.
"PPM" means the department policy, procedures, participant eligibility and data reporting manual for programs funded under this chapter.
"Pre-application" means the format by which to request and receive approval for special response funds authorized under 29 USC 1652
(c) (B) and s. 106.15
"Program income" means the net income earned from grant or contract related activities. Program income may be defined as gross revenue to simplify accounting of the funds.
"Program year or PY" means the administrative year under JTPA, effective July 1 through June 30.
"Project costs" means all allowable costs incurred by a grantee and the value of any in-kind contributions made by the grantee or third parties in accomplishing the objectives of the grant during the program period.
"Real property" means land, land improvements, buildings and leasehold improvements but not including movable machinery and equipment.
"Regional project" means a special response program targeted to serve workers dislocated due to a specific plant closing or layoff or to train dislocated workers for a specific business or industry.
"Retraining services" means the direct costs associated with activities authorized under 29 USC 1661c
(d). Examples include OJT contracts; occupational skill and other classroom training; basic and remedial education; out-of-area job search; literacy and English for non-English speakers training; relocation; entrepreneurial training; and other appropriate training activities directly related to appropriate employment opportunities in the SSA.
"SDA" means service delivery area or the geographic area designated by the governor for administering JTPA funds pursuant to 29 USC 1511
"Secretary" means the secretary of the department.
"Service provider" means a public agency, private nonprofit organization, or private-for-profit entity that delivers educational, training or employment services.
"Special response program" means statewide, regional or industrywide projects funded pursuant to 29 USC 1652
(c) (B) and s. 106.15
"SSG" means substate grantee or the agency or organization selected to administer programs pursuant to 29 USC 1661a
"Statewide project" means a special response program targeted to specific groups of dislocated workers requiring retraining services. Examples include projects that provide greater training duration for individuals in substate programs; trade adjustment assistance to eligible individuals when federal and state funds are not available; training and other services after state rapid response and local expeditious response has occurred and sufficient funds are not available in a SSA; and matching funds for title IV-C veterans grants, 29 USC 1721
"Subgrantee" means an organization or agency receiving a grant under this chapter from any grantee.
"Substantial layoff" means any reduction in force at a single employment site that is not the result of a plant closing, and that during any 30-day period, results in an employment loss for at least 33% and 50 of the employees; or at least 500 employees. Only employees regularly working at least 20 hours per week shall be included in the computation.
"Supportive services" means services pursuant to 29 USC 1503
(24) which are necessary to enable an individual who is eligible but cannot afford to participate in a training program under this chapter, and services pursuant to 29 USC 1661c
(c) (15) which are necessary to assist a participant to retain employment. Examples include transportation, health care, special services and materials for the handicapped, child care, meals, temporary shelter, financial counseling and other reasonable expenses which may be provided in-kind or through cash assistance.
"Unemployed" means an individual who did not work during the 7 consecutive days prior to application for a program under this chapter, 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, except for temporary illness.
"Unit acquisition cost" means the net invoice unit price, including the cost of modifications, attachments, accessories, or auxiliary apparatus necessary to make the property usable for the purpose for which it was acquired.