DWD 820.02(44)
(44) "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.
DWD 820.02(46)
(46) "Leasehold improvements" means any capital expenditure made for additions or improvements to any tangible real property leased by the grantee.
DWD 820.02(48)
(48) "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.
DWD 820.02(49)
(49) "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.
DWD 820.02(50)
(50) "Nonexpendable personal property" means tangible personal property having a useful life of more than one year and unit acquisition cost of $500 or more.
DWD 820.02(51)
(51) "OIG" means the U.S. office of the inspector general.
DWD 820.02(53)
(53) "OMB" means the U.S. office of management and budget.
DWD 820.02(54)
(54) "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.
DWD 820.02(55)
(55) "Performance based contract" means a type of fixed unit price contract under which costs may be allocated entirely to the retraining services cost category.
DWD 820.02(56)
(56) "Personal property" means property of any kind except real property. Personal property may include expendable and nonexpendable property and be either tangible or intangible.
DWD 820.02(58)
(58) "PPM" means the department policy, procedures, participant eligibility and data reporting manual for programs funded under this chapter.
DWD 820.02(59)
(59) "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, Stats.
DWD 820.02(60)
(60) "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.
DWD 820.02(61)
(61) "Program year or PY" means the administrative year under JTPA, effective July 1 through June 30.
DWD 820.02(62)
(62) "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.
DWD 820.02(64)
(64) "Real property" means land, land improvements, buildings and leasehold improvements but not including movable machinery and equipment.
DWD 820.02(65)
(65) "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.
DWD 820.02(67)
(67) "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.
DWD 820.02(69)
(69) "SDA" means service delivery area or the geographic area designated by the governor for administering JTPA funds pursuant to
29 USC 1511.
DWD 820.02(70)
(70) "Secretary" means the secretary of the department.
DWD 820.02(71)
(71) "Service provider" means a public agency, private nonprofit organization, or private-for-profit entity that delivers educational, training or employment services.
DWD 820.02(72)
(72) "Special response program" means statewide, regional or industrywide projects funded pursuant to
29 USC 1652 (c) (B) and s.
106.15, Stats.
DWD 820.02(74)
(74) "SSG" means substate grantee or the agency or organization selected to administer programs pursuant to
29 USC 1661a (b).
DWD 820.02(75)
(75) "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 et seq.
DWD 820.02(76)
(76) "Subgrantee" means an organization or agency receiving a grant under this chapter from any grantee.
DWD 820.02(77)
(77) "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.
DWD 820.02(78)
(78) "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.
DWD 820.02(80)
(80) "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.
DWD 820.02(81)
(81) "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.
DWD 820.02(83)
(83) "VTAE" means Wisconsin vocational, technical and adult education.
DWD 820.02(84)
(84) "WEOP" means the Wisconsin employment opportunities program.
DWD 820.02(85)
(85) "WIMS" means the Wisconsin information management system which is automated and used by the department to gain access to the EDS.
DWD 820.02(86)
(86) "Wisconsin jobs council" means the state job training coordinating council authorized under
29 USC 1532 which is appointed by the governor to provide advice in planning, coordination, monitoring and related activities and services.
DWD 820.02 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90; corrections in (16), (59) and (72) made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register November 2008 No. 635.
DWD 820.03
DWD 820.03
Administration. The department, on behalf of the governor, shall prepare and administer the state plan of services to dislocated workers; select SSAs; solicit and review applications and award funds to department grantees; implement a dislocated worker unit, the special response program, rapid response activities and labor-management committees or community response teams; authorize payments and otherwise implement obligations entailed in grants made under this chapter; monitor the provision of services; evaluate program performance; develop and receive required reports; hear and resolve complaints; and conduct and resolve audits.
DWD 820.03 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90.
DWD 820.04
DWD 820.04
Policies and procedures manual. The department shall develop a PPM for policies, procedures, eligibility determination and participant data reporting under this chapter. The PPM shall be provided to all department grantees and available to the general public. The department shall update the manual as necessary and provide the updates to department grantees.
DWD 820.04 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90.
DWD 820.05
DWD 820.05
Eligible participants. Any person participating in an employment and training program under this chapter shall be determined eligible pursuant to the PPM and the following eligibility criteria:
DWD 820.05(1)
(1) Federal requirements. Pursuant to
29 USC 1651 (a), eligible dislocated workers means individuals to whom the following apply:
DWD 820.05(1)(a)
(a) Unlikely to return. Individuals who have been terminated or laid off or who have received a notice of termination or layoff from employment, are eligible for or have exhausted their entitlement to U.C. and are unlikely to return to their previous industry or occupation;
DWD 820.05(1)(b)
(b) Permanent closure or substantial layoff. Individuals who have been terminated or have received a notice of termination of employment as a result of any permanent closure of or any substantial layoff at a plant, facility or enterprise;
DWD 820.05(1)(c)
(c) Long-term unemployed. Individuals who are long-term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including older individuals who may have substantial barriers to employment by reason of age; or
DWD 820.05(1)(d)
(d) Self-employed. Individuals who were self-employed, including farmers and ranchers and are unemployed as a result of general economic conditions in the community in which they reside or because of natural disasters pursuant to
sub. (3).
DWD 820.05(2)
(2) State requirements. In addition to
sub. (1), any person served shall meet all of the following:
DWD 820.05(2)(a)
(a) Period of dislocation. The person shall be dislocated from his or her place of employment within the last 5 years.
DWD 820.05(2)(b)
(b) Age and work history. 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 of previous work history. Victims of a permanent plant or facility closing or substantial layoff are exempt from all work history requirements.
DWD 820.05(2)(c)
(c) Recall date not specific. The person does not have a specific recall date from the employer.
DWD 820.05(3)
(3) Dislocation of self-employed. Self-employed individuals or their family members and farm or ranchhands may be eligible as follows:
DWD 820.05(3)(a)
(a) Self-employed. Self-employed individuals may include farmers, ranchers, professionals, independent tradespeople and other business persons who were self-employed and are dislocated because of natural disasters pursuant to
20 CFR 631.3 (e) or as a result of general economic conditions in the community in which they reside pursuant to
20 CFR 631.3 (c) and are one of the following:
DWD 820.05(3)(a)2.
2. Going out of business or likely to terminate operations pursuant to
20 CFR 631.3 (d) (2) because a notice of foreclosure has been filed or the intent to foreclose on the business entity is evident; a petition for bankruptcy has been filed or the business has been adjudicated bankrupt; the capital necessary to continue business operations cannot be obtained; or outstanding payments are owed on a loan to finance the business premises.
DWD 820.05(3)(b)
(b) Family members and farm or ranchhands of self-employed. Pursuant to
20 CFR 631.3 (d) (3), family members and farm or ranchhands of self-employed individuals may be eligible to participate in the program to the extent that their contribution to the business operation amounts to a minimum of 30 hours per week.
DWD 820.05(4)
(4) Other eligibles. Additional dislocated workers and nonresidents may be eligible to receive services as follows:
DWD 820.05(4)(a)
(a) Additional dislocated workers. Services may be provided to additional dislocated workers as defined in
29 USC 1651 (a) (2) only if it is determined that the services may be provided without adversely affecting the delivery of services to eligible dislocated workers. The department shall determine service levels to additional dislocated workers in the biennial state plan under
s. DWD 820.06.
DWD 820.05(4)(b)
(b) Nonresidents. Pursuant to
29 USC 1661 (b) (1) (B) and (C), services may not be denied to an eligible dislocated worker displaced by a permanent closure or substantial layoff within the state regardless of the state of residence of the worker. Services may be provided to other eligible dislocated workers regardless of the state of residence of the worker.
DWD 820.05 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90.
DWD 820.06
DWD 820.06
State plan. In order to receive funds authorized under
29 USC 1652 (b), the department shall submit a biennial state plan to DOL for approval. The state plan shall be prepared pursuant to
29 USC 1661 (a) and (b) and shall be reviewed by the Wisconsin jobs council prior to submittal. It shall describe the services, activities, distribution of funds and performance standards of programs assisted by funds under this chapter. The initial biennial plan shall cover a one-year transition period from July 1, 1989 to June 30, 1990. Modifications to the state plan shall be prepared and submitted pursuant to
29 USC 1661 (d).
DWD 820.06 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90.
DWD 820.07
DWD 820.07
State dislocated worker unit. The department shall establish a dislocated worker unit pursuant to
29 USC 1661 (b) (2) to provide activities which include but are not limited to the administration of the special response program; the development of applications for national reserve funds pursuant to
29 USC 1652 (a) (2); the implementation of rapid response assistance pursuant to
29 USC 1661c (a) and (b); and the formation of labor-management committees pursuant to
29 USC 1651 (b) (1) or community response teams.
DWD 820.07 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90.
DWD 820.08
DWD 820.08
Substate programs. Pursuant to
29 USC 1661a (a) and (b) and s. 1661b, the department shall administer the substate programs, including SSA and SSG designation, DWLAP approval and related activities as follows:
DWD 820.08(1)
(1) Designation of ssas. Pursuant to
29 USC 1661a (a), the department shall designate or redesignate SSAs for the delivery of services under this chapter. The department shall initiate the application for PICs and LEOs to request SSA designation. When designating SSAs, the department shall consider the recommendations of the Wisconsin jobs council, the administrative funds available to support the existing SDA structure and the capacity of the SSA to achieve or exceed performance standards.
DWD 820.08(2)
(2) Designation of ssgs. Pursuant to
29 USC 1661a (b), the department shall designate the SSG for each SSA in
sub. (1). The SSG shall be designated on a biennial basis pursuant to an agreement among the department, LEOs and PICs of the SSA. Entities eligible for designation as SSGs shall be pursuant to
29 USC 1661a (c).
DWD 820.08(3)
(3) Substate plan. Pursuant to
29 USC 1661b (a), no funds appropriated for any fiscal year may be provided to a SSG unless the department has approved a plan submitted by the SSG describing the manner in which activities shall be conducted within the SSA. The following shall apply to the DWLAP:
DWD 820.08(3)(a)
(a) DWLAP requirements. The SSG shall prepare a SSA plan of services to dislocated workers pursuant to
29 USC 1661b (b) and publication in
par. (c). The DWLAP shall be reviewed and submitted to the department by the parties to the SSG agreement in
sub. (2).
DWD 820.08(3)(b)
(b) Review and approval. Prior to submittal to the Wisconsin jobs council, the department shall review the DWLAP for compliance with
29 USC 1661b (a) and (b), this chapter, the PPM and applicable laws, rules and regulations. After considering the recommendations of the Wisconsin jobs council, the department shall approve or disapprove the plan pursuant to
29 USC 1661b (c) and shall notify the SSG within 7 working days following the decision.
DWD 820.08(3)(c)
(c) Newspaper announcement. The SSG shall comply with the publication requirements in
29 USC 1515 (a) and publish a newspaper announcement. The newspaper announcement shall include a notice of the SSG's development of the DWLAP, a brief summary of the nature and purpose of the plan, the location where and hours when the complete plan can be reviewed and the telephone number to which questions may be directed.
DWD 820.08(5)
(5) Substate services. Pursuant to the agreement in
sub. (2), the SSG shall provide employment and training services to dislocated workers within the SSA under the approved DWLAP in
sub. (3). The SSG may provide the services directly or through a grant or contract with service providers pursuant to
ss. DWD 820.11 (24),
820.14 and
820.15 (1).
DWD 820.08 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90.
DWD 820.09
DWD 820.09
Special response program. The department shall administer the special response program with funds authorized under
29 USC 1652 (c) (B) and s.
106.15, Stats. The special response program shall target services to industrywide, regional or statewide projects pursuant to
s. DWD 820.02 (41),
(65) and
(75). Projects shall be selected as follows:
DWD 820.09(1)
(1) Eligible grant applicants. Entities may be eligible as grant recipients of special response funds as follows:
DWD 820.09(1)(a)
(a) Regional projects. Any public, private nonprofit or private for-profit agency or organization is eligible to apply for funds for regional projects.
DWD 820.09(1)(b)
(b) Statewide projects. Any SSG, job center, job service, VTAE college or labor organization is eligible to apply for funds for statewide projects.
DWD 820.09(1)(c)
(c) Industrywide projects. Eligible applicants for industrywide projects shall be determined by the dislocated worker committee whenever a specific population is designated as eligible for industrywide projects.
DWD 820.09(2)
(2) Pre-application requirements. A pre-application pursuant to
s. DWD 820.02 (59) shall be submitted to the department to request special response funds. The pre-application shall include but not be limited to an analysis of area need and economic impact; the proposed target group and training; consultation and coordination activities; and an implementation plan.
DWD 820.09(3)
(3) Pre-application review process. The department shall review the pre-applications pursuant to the following:
DWD 820.09(3)(a)
(a) Initial review. The department shall initially review pre-applications for completeness and request additional information if needed. Pre-applications which meet the requirements shall be forwarded to the interagency review team.
