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.
DWD 820.10(4)(d)3.
3. The secretary shall review the recommendations of the dislocated worker committee and render a final decision on the waiver request. Within 30 days of the secretary's decision, the department shall notify the applicant of the decision in writing.
DWD 820.10 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90; corrections in (1) (intro.), (b), (2) (intro.) and (b) (intro.), made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DWD 820.11
DWD 820.11
Assurances and certifications. This section contains the assurances and certifications for all grants awarded under this chapter. All department grantees shall ensure that they and their subgrantees or contractors comply with the following terms:
DWD 820.11(1)
(1) Signatory authority. The grantee shall possess the following legal authority to participate in a grant under this chapter:
DWD 820.11(1)(a)
(a) Signatory official. The grantee shall ensure that the designated signatory official holds the legal authority to accept funds.
DWD 820.11(1)(b)
(b) Grantee authority. A resolution, motion or similar action shall be duly adopted or passed as an official act of the grantee's governing body authorizing participation in the grant and directing the grantee's official representative to act in connection with the grant and provide additional information as required.
DWD 820.11(2)
(2) Compliance statement. The grantee shall comply with the state plan, DWLAP, this chapter and all applicable laws, rules, regulations and PPMs relating to programs funded under this chapter.
DWD 820.11(3)
(3) Nondiscrimination and equal opportunity. The grantee may not discriminate and shall follow equal employment opportunity practices in the administration and delivery of program services and benefits to eligible applicants and participants as follows:
DWD 820.11(3)(a)
(a) Applicable laws and other requirements. The grantee shall comply with the PPM, this chapter and all applicable laws, rules and regulations relating to nondiscrimination and equal opportunity, including the civil rights act,
42 USC 1971 et seq.; rehabilitation act,
42 USC 6001 et seq.; age discrimination act,
42 USC 6101 et seq.; U.S. executive order 11375; and Wisconsin fair employment act, ss.
111.31 to
111.395, Stats. These requirements shall include but not be limited to the following:
DWD 820.11(3)(a)1.
1. No participant, staff person or administrator may be discriminated against, denied benefits, denied employment or excluded from participation in connection with any program funded under this chapter on the basis of race, color, religion, sex, national origin or ethnic status, age, handicap, marital status, offender status, sexual orientation, political affiliation or belief, arrest or conviction record or refusal to submit to sexual contact or sexual intercourse.
DWD 820.11(3)(a)2.
2. Participation in programs funded under this chapter shall be open to citizens and nationals of the U.S., lawfully admitted permanent resident aliens, refugees, parolees and other individuals authorized by the U.S. attorney general to work in the U.S.
DWD 820.11(3)(a)3.
3. The grantee shall make appropriate efforts to overcome sex stereotyping, including the encouragement of nontraditional employment for staff and participants funded under this chapter.
DWD 820.11(3)(a)4.
4. The grantee shall ensure that reasonable accommodations are made to the known physical or mental limitations of an otherwise eligible applicant, employee or participant unless it can be demonstrated that the accommodations would impose an undue hardship on the operation of the program.
DWD 820.11(3)(a)5.
5. Equitable services shall be provided to mandated groups in proportion to their incidence in the eligible population. These groups shall be mandated by the act and the governor's objectives and coordination criteria and include women, minorities, handicapped, older individuals, high school dropouts and AFDC-WEOP eligible registrants. This does not preclude services to nonmandated groups.
DWD 820.11(3)(a)6.
6. The grantee shall target employment and training services to those who can benefit from and who are most in need under the program's plan of services and enrollment priorities. Records shall be maintained by the grantee and made available to the department to determine the extent of service to those individuals. Equitable provision of services in enrollment and placement to the program's target groups shall provide substantial indication of service to the most in need but may not constitute the sole source of the determination if complaints arise.
DWD 820.11(3)(b)
(b) Notification. The grantor shall notify each grantee of the terms of nondiscrimination and equal opportunity, including the potential consequences for noncompliance. The grantee shall agree to abide by the terms as a condition of receiving funds.
DWD 820.11(3)(c)
(c) Corrective action and sanctions for noncompliance. The grantor shall attempt to resolve nondiscrimination and equal opportunity violations as follows:
DWD 820.11(3)(c)1.
1. The grantor shall notify the alleged violator of violations in writing and require a corrective action plan that establishes the measures to be taken and time frames for resolution; the sanctions to be invoked for refusal to submit or adhere to the plan or for continued violations after corrective action is required; and the appeal and hearing rights pursuant to
s. DWD 820.16.
DWD 820.11(3)(c)2.
2. The severity of the sanctions shall reflect the severity of the violation and may result in terminating funds and imposing sanctions pursuant to
s. DWD 820.15 (8) and
29 USC 1574 (e) (2) (A-D). Other sanctions may result from appropriate civil rights or law enforcement agencies or applicable by laws, rules or regulations.
DWD 820.11(3)(d)
(d) Compliance reviews. Pursuant to
s. DWD 820.13 (10), the grantor shall conduct monitoring reviews of each subgrantee to determine compliance with nondiscrimination and equal opportunity. The grantor shall monitor the specified results and time frames of any corrective action plan.
DWD 820.11(4)
(4) Adequate and documented systems. The grantee shall have adequate and documented administrative, personnel, financial and program management systems, including the policies, procedures and controls necessary to ensure effective and efficient use of funds for the delivery of programs under this chapter.
DWD 820.11(5)
(5) Conflict of interest. The grantee and its personnel shall avoid organizational and personal conflict of interest and the appearance of conflict of interest as follows:
DWD 820.11(5)(a)
(a) Casting of votes. Pursuant to
29 USC 1551 (f), no member of any council, board or committee, nor the LEO shall cast a vote on the provision of services by that member or any organization which that member directly represents, or vote on any matter which would provide direct financial benefit to that member.
DWD 820.11(5)(b)
(b) Use of position. The grantee shall prohibit its employees from using their positions for a purpose that is or that gives the appearance of being motivated by a desire for private gain for themselves or those with whom they have family, business or other ties.
DWD 820.11(5)(c)
(c) Competition for funds. No grantee who develops the specifications or evaluates or recommends the bids or proposals for a particular procurement may be eligible to compete for the grant or contract.
DWD 820.11(5)(d)
(d) Code of standards. The grantee shall maintain a written code of standards pursuant to
sub. (24) (d).
DWD 820.11(6)
(6) Kickbacks. No officer, employee or agent of the grantee shall solicit or accept gratuities, favors or anything of monetary value from any person in return for preferential treatment.
DWD 820.11(7)
(7) Commingling of funds. The grantee shall maintain accounting records which adequately identify separate deposits and expenditures for each grant.
DWD 820.11(8)
(8) Charging of fees. The grantee shall ensure that no individual is charged a fee for being referred to training or placed in employment funded under this chapter.
DWD 820.11(9)
(9) Nepotism. The grantee shall prohibit nepotism as follows:
DWD 820.11(9)(a)
(a) Hires, promotions and salaries. No council member, LEO or employee of the grantee shall effectively recommend or decide to hire, promote or establish the salary of another person when the person affected is a member of his or her immediate family.
DWD 820.11(9)(b)
(b) Supervision and management. No council member, LEO or employee of the grantee shall give preferential treatment in the supervision or management of another employee who is a member of his or her immediate family.
DWD 820.11(10)
(10) Child labor. The grantee shall comply with applicable federal and state child labor laws, rules and regulations.
DWD 820.11(11)
(11) Political patronage. The grantee shall prohibit political patronage as follows:
DWD 820.11(11)(a)
(a) Rewards. The grantee may not select, reject or promote a participant or staff person based on the individual's political affiliation or beliefs or as a reward for political services or as a form of political patronage.
DWD 820.11(11)(b)
(b) Referrals. The grantee may not refer participants to programs under this chapter nor select subgrantees based on political patronage or affiliation.
DWD 820.11(12)
(12) Political activities. Funds under this chapter may not involve partisan or nonpartisan political activities as follows:
DWD 820.11(12)(a)
(a) Hours. No participant may engage in partisan or nonpartisan political activities during hours for which the participant is paid with funds under this chapter.
DWD 820.11(12)(b)
(b) Representation. No participant may engage in partisan or nonpartisan political activities in which she or he represents herself or himself as a spokesperson for a program funded under this chapter.
DWD 820.11(12)(c)
(c) Location of employment or outstation. No participant may be employed or outstationed in the following:
DWD 820.11(12)(c)1.
1. The office of a member of congress or a state or local legislator or on any staff of a legislative committee.
DWD 820.11(12)(c)2.
2. The immediate offices of any chief elected executive official of a state or a unit of general local government, unless it is clearly documented that the position is entirely nonpolitical.
DWD 820.11(12)(c)3.
3. A position involving political activities in the offices of other elected executive officials. Nonpolitical positions shall be permissible only with documentation of the nonpolitical nature of the position.
DWD 820.11(12)(d)
(d) Hatch Act. Individuals whose employment is funded under this chapter shall comply with the hatch act,
5 USC 1502, whether the individual works for the state, a county, PIC, SSG, nonprofit or nongovernmental organization.
DWD 820.11(13)
(13) Sectarian activities. Funds under this chapter may not be used to support religious or anti-religious activities.
DWD 820.11(14)
(14) Union activities. Funds under this chapter may not be used to promote or oppose unionization. The grantee shall comply with union activities as follows:
DWD 820.11(14)(a)
(a) Membership. No individual shall be required to join a union as a condition for enrollment in training institutions unless the training involves individuals employed under a collective bargaining agreement containing union security provisions.
DWD 820.11(14)(b)
(b) Dues or services fees. Employers may deduct union dues or service fees for participants pursuant to applicable collective bargaining agreements or state laws, rules and regulations.
DWD 820.11(14)(c)
(c) Consultation with labor organizations. The grantee may provide services to a substantial number of members of a labor organization only after full consultation with the labor organization involved. The grantee shall give a labor organization which represents a substantial number of employees who are engaged in work or training an opportunity to comment on training which is proposed.
DWD 820.11(14)(d)
(d) Labor disputes and contracts. The grantee shall comply with labor disputes and contracts as follows:
DWD 820.11(14)(d)1.
1. A participant may not be placed in or remain working in any position affected by a labor dispute involving a work stoppage or strike.
DWD 820.11(14)(d)2.
2. A program funded under this chapter may not impair existing contracts for services or collective bargaining agreements. Any program which would be inconsistent with the terms of a collective bargaining agreement may only be undertaken with the written concurrence of the labor organization and employer concerned.
DWD 820.11(15)
(15) Maintenance of effort. The grantee shall prevent maintenance of effort as follows:
DWD 820.11(15)(a)
(a) Displacements. Programs funded under this chapter shall result in an increase in employment and training opportunities over those which would otherwise be available in the area and prohibit displacement as follows:
DWD 820.11(15)(a)1.
1. Currently employed workers may not be totally or partially displaced, nor their hours of regular work time, wages or employment benefits reduced.
DWD 820.11(15)(a)2.
2. Existing contracts or grants for services may not be impaired, nor federal funds substituted to pay for services that would have been funded by other sources.
