DWD 830.02(8)
(8) "DETP grantee" means a local service agency receiving a WisJOBS grant directly from DETP.
DWD 830.02(9)
(9) "Eligible job applicant" means an individual who meets all of the following:
DWD 830.02(9)(c)
(c) Is determined likely to be available to fill a position with a qualified business for the duration of the position or for 12 months after the subsidy ends, whichever is longer.
DWD 830.02(10)
(10) "Employer" means a business which employs WisJOBS clients.
DWD 830.02(11)
(11) "Farm household" means one or more persons sharing a single residence on a farm where the primary occupation of the household is the operation of the farm premises.
DWD 830.02(12)
(12) "Farmer" means a person whose primary occupation is the operation of a farm premises.
DWD 830.02(13)
(13) "FDIC" means federal deposit insurance corporation.
DWD 830.02(14)
(14) "Female owned business" means a business that is at least 51% owned, controlled and actively managed by a woman or women.
DWD 830.02(15)
(15) "FSLIC" means federal savings and loan insurance corporation.
DWD 830.02(16)
(16) "Grant" means an agreement between DETP and the grantee whereby DETP provides funds to carry out specific programs, services, or activities.
DWD 830.02(17)
(17) "Grantee" means an organization or agency receiving a WisJOBS grant directly or indirectly from DETP.
DWD 830.02(18)
(18) "Grantor" means DETP or a grantee which grants funds to another entity.
DWD 830.02(19)
(19) "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.
DWD 830.02(20)
(20) "Local service agency" means an organization located within the boundaries of the eligible county or which provides a substantial amount of services within the boundaries of that county and that is either of the following:
DWD 830.02(20)(a)
(a) A nonprofit organization primarily organized to do one or more of the following: recruit low income clients for participation in employment and training programs; vocational counseling or training; job training or development; or a related activity;
DWD 830.02(21)
(21) "Minority business" means a business entity which is at least 51% owned, controlled and actively managed by a minority group member or members who are U.S. citizens or lawfully admitted to the U.S. for permanent residency and as further defined in s.
560.036 (1) (e), Stats.
DWD 830.02(22)
(22) "PPM" means WisJOBS policies and procedures manual.
DWD 830.02(23)
(23) "Qualified business" means a business which has submitted the following to a grantee and had it accepted:
DWD 830.02(23)(a)
(a) A description of the duties and wages paid for each position that the business intends to fill with an eligible job applicant;
DWD 830.02(23)(b)
(b) A description of how the wage subsidy will help the business succeed and lead to the continued employment of the client.
DWD 830.02(25)
(25) "Secretary" means the secretary of the department of workforce development.
DWD 830.02(26)
(26) "Severe financial need of a farm household" means a monetary situation that does not allow the farm premises to be used for primary employment by a member or members of the farm household. The farm household has met the severe financial need criteria if one or more of the following can be demonstrated:
DWD 830.02(26)(a)
(a) A notice of foreclosure or intent to foreclose upon the farm premises has been issued;
DWD 830.02(26)(b)
(b) The farm has not realized a profit during the 12 months immediately preceding;
DWD 830.02(26)(c)
(c) The farm household has filed a petition in bankruptcy or has been adjudicated bankrupt;
DWD 830.02(26)(d)
(d) The farm household cannot obtain capital necessary to continue operations;
DWD 830.02(26)(e)
(e) The farm household owes outstanding payments on a loan to finance farm premises; or
DWD 830.02(26)(f)
(f) The amount of the farm household's debts totals at least 70% of the amount of the farm household's assets.
DWD 830.02(27)
(27) "Small business" means a business entity, including its affiliates, which is independently owned and operated and which employs fewer than 25 full time employees or which has gross annual sales of less than $2,500,000.
DWD 830.02(28)
(28) "Subgrantee" means an organization or agency receiving a grant of WisJOBS funds from any grantee.
DWD 830.02(29)
(29) "Training" means classroom or other formal training beyond intake or assessment normally associated with training program entry or new employee orientation.
DWD 830.02(30)
(30) "WisJOBS' means Wisconsin job opportunity business and subsidy program.
DWD 830.02(31)
(31) "WORKS" means WisJOBS on-line record keeping system.
DWD 830.02(32)
(32) "Work supplementation program (WSP)" means grant diversion project funding for families receiving AFDC.
DWD 830.02 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89; corrections in (7) and (25) made under s.
13.92 (4) (b) 6., Stats.,
Register November 2008 No. 635.
DWD 830.03
DWD 830.03
Administration. The DETP is responsible for soliciting, reviewing and recommending proposals for grants to be awarded to DETP grantees; for executing grants with DETP grantees; for authorizing payments and otherwise implementing obligations entailed in grants made under the terms of this chapter; for monitoring the provision of services; for evaluating program performance; for developing and receiving required reports; and for ensuring that audits are conducted.
DWD 830.03 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89.
DWD 830.04(1)(1)
Preliminary screening. The DETP shall conduct preliminary screening for all proposals. Proposals that meet the initial screening criteria shall qualify for referral to the review panel.
DWD 830.04(2)
(2) Review panel. The review panel shall make recommendations to the division administrator on the selection of grantees based on a RFP. The panel shall consider all of the factors listed in s.
106.20, Stats., and the RFP.
DWD 830.04(3)
(3) Division recommendation. The division administrator shall receive the recommendations and supporting materials for the recommendations for all proposals that were rated by the review panel, and shall make recommendations to the secretary.
DWD 830.04(4)
(4) Proposal selection. The secretary shall receive and review the recommendations from the division administrator and review panel and shall render a final decision on funding.
DWD 830.04 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89; correction in (2) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DWD 830.05
DWD 830.05
Policies and procedures manual. The DETP shall develop a WisJOBS PPM which shall be provided to all WisJOBS grantees. The DETP is responsible for updating the manual as necessary and for providing the updates to grantees.
DWD 830.05 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89.
DWD 830.06
DWD 830.06
Assurances and certifications. In carrying out WisJOBS programs, the grantee assures that it is aware of and shall comply with the following assurances and certifications:
DWD 830.06(1)
(1) Signatory authority. Grantees of WisJOBS funds shall possess the following legal authority to participate in a grant:
DWD 830.06(1)(a)
(a) Signatory official. The grantee assures that the designated signatory official holds the legal authority to accept these funds.
DWD 830.06(1)(b)
(b) Grantee authority. The grantee assures that it possesses the legal authority to participate in the WisJOBS grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the grantee's governing body authorizing participation in the grant, including all understandings and assurances contained therein, and directing and authorizing the person identified as the grantee's official representative to act in connection with the grant and to provide such additional information as may be required.
DWD 830.06(2)
(2) Compliance statement. The grantee assures that it shall comply with all applicable laws, rules, and regulations.
DWD 830.06(3)
(3) Nondiscrimination and equal opportunity statement. The grantee assures that it shall not discriminate and shall follow equal employment opportunity practices in conducting WisJOBS programs. No client, staff person or administrator shall be discriminated against, denied benefits, denied employment, or excluded from participation in connection with any WisJOBS program on the basis of race, color, creed (religion), sex, national origin (ethnic status), age, handicap, marital status, offender status, sexual orientation, political affiliation or belief, arrest record or conviction record.
DWD 830.06(4)
(4) Violations of nondiscrimination and equal opportunity. The DETP shall establish corrective action measures to be taken within a prescribed time frame for any WisJOBS grantee found in violation of nondiscrimination and equal opportunity provisions. The corrective action plan shall describe sanctions that shall be imposed for failing to comply. Other sanctions may result from referral to the appropriate civil rights enforcement agency for conciliation, referral to the appropriate law enforcement agency for prosecution, or other action provided by law.
DWD 830.06(5)
(5) Adequate and documented systems. The grantee assures that it has adequate and documented administrative, personnel, financial and program management systems, including policies, procedures and controls necessary to ensure the effective and efficient use of funds for delivery of program services.
DWD 830.06(6)
(6) Conflict of interest. The grantee shall comply with the provisions of conflict of interest described as follows:
DWD 830.06(6)(a)
(a) Casting of votes. No member of any governing board or committee thereof, may 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 830.06(6)(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 830.06(6)(c)
(c) Appearance of conflict. The grantee and its personnel shall avoid organizational and personal conflict of interest and the appearance of conflict of interest.
DWD 830.06(7)
(7) Kickbacks. No officer, employee or agent of the grantee may solicit or accept gratuities, favors or anything of monetary value from any person in return for preferential treatment.
DWD 830.06(8)
(8) Commingling of funds. The grantee shall maintain accounting records which adequately identify separate deposits and expenditures for each WisJOBS grant.
DWD 830.06(9)
(9) Charging of fees. The grantee shall ensure that no individual is charged a fee for being referred to or placed in WisJOBS-subsidized employment.
DWD 830.06(10)
(10) Nepotism. The grantee shall comply with the provisions of nepotism described as follows:
DWD 830.06(10)(a)
(a) Hires, promotions and salaries. No board member or employee of the grantee may 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 830.06(10)(b)
(b) Supervision and management. No board member or employee of the grantee may give preferential treatment in the supervision or management of another employee who is a member of his or her immediate family.
DWD 830.06(11)
(11) Child labor. The grantee shall comply with applicable federal, state and local child labor laws.
DWD 830.06(12)
(12) Political patronage. The grantee shall prohibit political patronage described as follows:
DWD 830.06(12)(a)
(a) Rewards. The grantee may not select, reject, or promote a client 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 830.06(12)(b)
(b) Referrals. The grantee may not refer clients to WisJOBS programs based on political patronage or affiliation.
DWD 830.06(13)
(13) Political activities. The grantee shall comply with the provisions of partisan or nonpartisan political activities described as follows:
DWD 830.06(13)(a)
(a) Hours. Neither grantee staff nor clients may engage in partisan or nonpartisan political activities during hours for which they are paid with DETP funds.
DWD 830.06(13)(b)
(b) Representation. Neither grantee staff nor clients may engage in either partisan or nonpartisan political activities in which they represent themselves as spokespersons for the WisJOBS program.
DWD 830.06(14)
(14) Sectarian activities. WisJOBS funds may not be used to attempt to support either religious or anti-religious activities.
DWD 830.06(15)
(15) Union activities. The grantee shall comply with the provisions of union activities described as follows:
DWD 830.06(15)(a)
(a) Union consultation. The grantee and employer shall consult with the appropriate labor organization prior to placing a WisJOBS-subsidized employee into a position covered by a collective bargaining agreement.
DWD 830.06(15)(b)
(b) Deductions for dues or fees. Employers may deduct union dues or service fees for WisJOBS-subsidized employees according to applicable collective bargaining agreements or state laws.
DWD 830.06(15)(c)
(c) Unionization activities and work stoppages. The grantee assures that WisJOBS funds will not be used for unionization activities and work stoppages described as follows:
DWD 830.06(15)(c)1.
1. WisJOBS funds may not be used in any way to promote or oppose unionization;
DWD 830.06(15)(c)2.
2. No client may be placed in, or remain working in, any position affected by a labor dispute involving a work stoppage or strike;
DWD 830.06(15)(c)3.
3. No WisJOBS program may impair existing contracts for services or collective bargaining agreements.
DWD 830.06(16)
(16) Maintenance of effort. The grantee shall comply with the maintenance of effort provisions described as follows:
DWD 830.06(16)(a)
(a) Displacements. WisJOBS programs shall subsidize new positions which result in an increase in the number of jobs over those which would otherwise be available with the employer; and may not result in the total or partial displacement of currently employed workers, or reduction in hours of nonovertime work and wages available to or worked by a current employee authorized under
s. 101.35 (8), Stats.
DWD 830.06(16)(b)
(b) Hiring freezes. WisJOBS clients may not be hired into, or remain working in, any position when the same or a substantially equivalent position is vacant due to a hiring freeze.
DWD 830.06(16)(c)
(c) Layoffs. WisJOBS clients may not be hired into, or remain working in, any position when any person who is not funded by WisJOBS is on layoff from the same or a substantially equivalent position in the same organizational unit of the employer. For the purposes of this paragraph, a layoff is in effect until the expiration of the period required by a recall list; or if no recall list or reemployment rights exist, for a period of one year from the last layoff or until the next operating year of the department or agency, whichever occurs later.
DWD 830.06(17)
(17) Criminal provisions. The grantor shall initiate action to prosecute to the full extent of the law any officer, director, agent or employee of a grantee or employer receiving WisJOBS funds who commits any of the following acts:
DWD 830.06(17)(a)
(a) Enrollment of ineligibles. Knowingly hiring or enrolling an ineligible individual;
