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.
DWD 820.09(3)(b)
(b) Interagency team review. Pre-applications shall be reviewed bi-weekly by an interagency review team composed of representative from the department, job service, VTAE, DOD, PIC and organized labor. Additional information may be requested. Pre-applications which meet the requirements shall be forwarded to the dislocated worker committee.
DWD 820.09(3)(c)
(c) Dislocated worker committee review. The dislocated worker committee shall review final pre-applications and forward a recommendation to the secretary. Teleconferences or special meetings may be held for projects that need to be expedited.
DWD 820.09(3)(d)
(d) Secretary review and approval. The secretary shall receive and review recommendations from the dislocated worker committee and shall render a final decision on funding.
DWD 820.09(3)(e)
(e) Notification of funding decisions. The department shall notify applicants of funding decisions in writing. The department shall also notify applicants of meetings and teleconferences relating to funding decisions.
DWD 820.09(3)(f)
(f) Complaints and appeals. Following notification of funding, applicants may present an appeal at the next meeting of the dislocated worker committee. The applicant may also utilize the complaint process pursuant to
s. DWD 820.16.
DWD 820.09(4)
(4) Application process. After a funding decision has been made, the applicant shall submit a complete application to the department. The department shall provide the application guidelines when notifying the applicant of funding decisions. The application shall include but not be limited to the pre-application, a detailed budget and description of program activities, administrative systems and procedures, consultation and review activities. Applications which meet the requirements shall be approved by the department.
DWD 820.09 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90; correction in (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DWD 820.10
DWD 820.10
Fund utilization. Funds provided for activities and services under this chapter shall be utilized as follows:
DWD 820.10(1)
(1) Distribution of funds within state. The amount allotted to the state under
29 USC 1652 (a) (1) and s.
106.15, Stats. shall be distributed as follows:
DWD 820.10(1)(a)1.
1. Fifty percent of the funds shall be distributed to the SSAs on an annual basis for the provision of programs described in the DWLAP pursuant to
29 USC 1652 (d). The funds shall be distributed pursuant to the allocation method in
par. (c).
DWD 820.10(1)(a)2.
2. Ten percent of the funds may be held in reserve by the department for distribution to SSAs in need pursuant to
29 USC 1652 (c) (2). These funds may not be distributed by the department later than 9 months after the beginning of the program year for which the allotment was made. The funds shall be distributed on the basis of need.
DWD 820.10(1)(a)3.
3. Forty percent of the funds shall be reserved by the department for the provision of statewide, regional or industrywide special response projects, rapid response activities and other services pursuant to
29 USC 1652 (c) (1) and
s. DWD 820.03.
DWD 820.10(1)(b)
(b) State funds. Funds authorized under assistance to dislocated workers, s.
106.15, Stats., shall be reserved by the department for the provision of statewide, regional or industrywide special response projects, rapid response activities and other services pursuant to
29 USC 1652 (c) (1) and
s. DWD 820.03.
DWD 820.10(1)(c)
(c) Allocation method. The department shall distribute funds to the SSAs pursuant to an allocation formula authorized under
29 USC 1652 (d). The formula shall be developed by the department utilizing the most appropriate information available as follows:
DWD 820.10(1)(c)1.
1. The elements of the allocation formula shall include factors for the state's insured unemployment, long term unemployed, unemployment concentrations, economic growth, mass layoff, farm hardship and declining industries.
DWD 820.10(1)(c)2.
2. The distribution of funds shall be described in the state plan under
s. DWD 820.06 and reviewed by the Wisconsin jobs council prior to approval by the governor.
DWD 820.10(1)(c)3.
3. The department shall review the allocation method annually and if appropriate, update it in order for funds to be timely and responsive to the state's current economic conditions and concentrations of dislocated workers.
DWD 820.10(1)(c)4.
4. The state plan and related modifications shall be approved by DOL prior to implementation.
DWD 820.10(2)
(2) Cost limitations. Expenditures under this chapter shall be recorded pursuant to the cost categories in
s. DWD 820.12 (7). Pursuant to
20 CFR 629.39 (h), only
pars. (a) 4. and
(b) 3. shall apply to the northwest concentrated employment program SSG. The expenditure limitations on funds authorized under EDWAA and s.
106.15, Stats. shall be as follows:
DWD 820.10(2)(a)
(a) Substate programs. Each SSG shall meet the cost category limitations pursuant to
29 USC 1661d and the overall expenditure levels as follows:
DWD 820.10(2)(a)1.
1. Not less than 50% of the funds expended may be used for retraining services unless a waiver is granted pursuant to
sub. (4).
DWD 820.10(2)(a)2.
2. Not more than 25% of the funds expended may be used to provide needs-related payments and other supportive services.
DWD 820.10(2)(a)3.
3. Not more than 15% of the funds expended may be used for administration.
DWD 820.10(2)(a)4.
4. An expenditure level of 85% of planned expenditures shall be maintained on a quarterly basis or the excess variance may be subject to reallocation by the department pursuant to
sub. (3).
DWD 820.10(2)(b)
(b) State reserves. The department shall meet the following expenditure limitations for reserved funds under
29 USC 1652 (c) (1) and s.
106.15, Stats. to provide statewide, regional or industrywide special response projects, rapid response activities and other services pursuant to
s. DWD 820.03:
DWD 820.10(2)(b)1.
1. Not more than 25% of the funds expended may be used to provide needs-related payments and other supportive services.
DWD 820.10(2)(b)2.
2. Not more than 15% of the funds expended may be used for administration, excluding costs for rapid response assistance pursuant to
29 USC 1661d (c).
DWD 820.10(2)(b)3.
3. An expenditure level of 85% of planned expenditures shall be maintained on a quarterly basis or the excess variance may be subject to reallocation by the department pursuant to
sub. (3).
DWD 820.10(3)
(3) Reallocation of unused funds. Pursuant to
sub. (2) (a) 4. and
(b) 3., funds recaptured from SSAs shall be reallocated to other SSAs that meet expenditure requirements. Funds recaptured from special response activities shall be utilized for activities specified in
sub. (1) (b). The department shall provide notice of reallocation to grantees pursuant to
s. DWD 820.15 (3) and
(7) (a). If funds are recaptured by DOL pursuant to
29 USC 1653, the department shall make funds available through deobligation pursuant to
sub. (2) (a) 4. and
(b) 3. and
s. DWD 820.15 (3) and
(7).
DWD 820.10(4)
(4) Waiver for retraining services. Pursuant to
29 USC 1661d (a), SSGs may seek a waiver from the department to reduce the level of funds expended for retraining services from 50% to not less than 30%. A waiver may be granted in whole or in part pursuant to the following:
DWD 820.10(4)(b)
(b) Content and conditions of request. The SSG shall submit the waiver request to the department in writing pursuant to the PPM. The request shall demonstrate that if the waiver is granted, the worker readjustment program shall be consistent with the principle that dislocated workers be prepared for occupations or industries with long-term potential. The waiver request shall include the specified amount of the waiver and documentation that one or more of the following conditions are met:
DWD 820.10(4)(b)1.
1. Additional resources from other funding sources are available to cover the cost of training.
DWD 820.10(4)(b)2.
2. A large plant closing or mass layoff necessitates a significant amount of basic readjustment services from local funds.
DWD 820.10(4)(b)3.
3. The geographic, demographic or economic conditions of the SSA make the cost of providing basic readjustment services disproportionately high and insufficient funds are available. Consideration shall be given but not limited to rural areas, areas where dislocation occurs from large numbers of very small-business employers and areas where dislocations are highly decentralized.
DWD 820.10(4)(b)4.
4. The demand for needs-related payments and supportive services exceeds 15 percent of the funds available.
DWD 820.10(4)(c)
(c) Newspaper announcement. The SSG shall comply with the publication requirements in
29 USC 1515 (a) concurrently when submitting the application for a waiver and publish a newspaper announcement. The newspaper announcement shall include a notice of the SSG's intent to request a waiver, a summary of the rationale, the location and hours when the complete waiver request can be reviewed and the telephone number where questions can be directed.
DWD 820.10(4)(d)
(d) Department review and approval process. The department shall review and approve waiver requests as follows:
DWD 820.10(4)(d)1.
1. The department shall review the waiver request for compliance with the application process. Any additional information which may be needed shall be requested and provided in writing. Requests which meet requirements shall be forwarded to the dislocated worker committee.
DWD 820.10(4)(d)2.
2. The dislocated worker committee shall review the waiver request and forward a recommendation to the secretary.
