The farm household has filed a petition in bankruptcy or has been adjudicated bankrupt;
The farm household cannot obtain capital necessary to continue operations;
The farm household owes outstanding payments on a loan to finance farm premises; or
The amount of the farm household's debts totals at least 70% of the amount of the farm household's assets.
"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.
"Subgrantee" means an organization or agency receiving a grant of WisJOBS funds from any grantee.
"Training" means classroom or other formal training beyond intake or assessment normally associated with training program entry or new employee orientation.
"WisJOBS' means Wisconsin job opportunity business and subsidy program.
"WORKS" means WisJOBS on-line record keeping system.
"Work supplementation program (WSP)" means grant diversion project funding for families receiving AFDC.
DWD 830.02 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
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
Cr. Register, May, 1989, No. 401
, eff. 6-1-89.
The DETP shall conduct preliminary screening for all proposals. Proposals that meet the initial screening criteria shall qualify for referral to the review panel.
(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.
(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.
(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
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
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
Cr. Register, May, 1989, No. 401
, eff. 6-1-89.
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:
(1) Signatory authority.
Grantees of WisJOBS funds shall possess the following legal authority to participate in a grant:
(a) Signatory official.
The grantee assures that the designated signatory official holds the legal authority to accept these funds.
(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.
(2) Compliance statement.
The grantee assures that it shall comply with all applicable laws, rules, and regulations.
(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.
(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.
(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.
(6) Conflict of interest.
The grantee shall comply with the provisions of conflict of interest described as follows:
(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.
(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.
(c) Appearance of conflict.
The grantee and its personnel shall avoid organizational and personal conflict of interest and the appearance of conflict of interest.
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.
(8) Commingling of funds.
The grantee shall maintain accounting records which adequately identify separate deposits and expenditures for each WisJOBS grant.
(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.
The grantee shall comply with the provisions of nepotism described as follows:
(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.
(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.
(11) Child labor.
The grantee shall comply with applicable federal, state and local child labor laws.
(12) Political patronage.
The grantee shall prohibit political patronage described as follows:
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.
The grantee may not refer clients to WisJOBS programs based on political patronage or affiliation.
(13) Political activities.
The grantee shall comply with the provisions of partisan or nonpartisan political activities described as follows:
Neither grantee staff nor clients may engage in partisan or nonpartisan political activities during hours for which they are paid with DETP funds.
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.
(14) Sectarian activities.
WisJOBS funds may not be used to attempt to support either religious or anti-religious activities.
(15) Union activities.
The grantee shall comply with the provisions of union activities described as follows:
(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.
(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.
(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:
WisJOBS funds may not be used in any way to promote or oppose unionization;
No client may be placed in, or remain working in, any position affected by a labor dispute involving a work stoppage or strike;
No WisJOBS program may impair existing contracts for services or collective bargaining agreements.
(16) Maintenance of effort.
The grantee shall comply with the maintenance of effort provisions described as follows:
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.
(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.
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.
(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:
(a) Enrollment of ineligibles.
Knowingly hiring or enrolling an ineligible individual;
(b) Misapplication or theft of funds.
Embezzling, willfully misapplying, stealing, or obtaining by fraud any funds which are the subject of a WisJOBS grant;
(c) Inducement or threats.
Inducing another person to give up money or something of value to a person or grantee by threat of dismissal or refusal to renew a WisJOBS grant;
(d) Obstructing or impeding investigations or inquiries.
Willfully obstructing or impeding, or attempting to obstruct or impede, an investigation or inquiry into activities relating to a WisJOBS grant when those activities are alleged to be criminal or a violation of the law, this chapter or the PPM;
(e) Promising special consideration.
Directly or indirectly promising any wage reimbursement contract as special consideration, favor, or reward for any political activity; or
Coercing another individual into making a political contribution by denying, or threatening to deny, employment or benefits under a WisJOBS grant.
(18) Responsibility for preventing fraud and abuse.
The grantee shall be responsible for the provisions to prevent fraud and abuse described as follows:
(a) Establish and utilize management procedures.
The grantee shall establish and use internal program and fiscal management procedures sufficient to prevent fraud and program abuse.
(b) Maintain sufficient and adequate records.
The grantee shall ensure that sufficient auditable and otherwise adequate records and documentation are maintained which support the expenditure of all WisJOBS funds. Such records shall be sufficient to allow the DETP or the state of Wisconsin to audit and monitor the WisJOBS program.
(c) Establish procedures and conduct monitoring.
The grantee shall establish monitoring procedures to periodically monitor and review through on-site visits and program data, all program activities supported with funds under a WisJOBS grant to ensure compliance with the appropriate legislation, this chapter and the PPM.
(d) Report allegations or complaints.
Any person who becomes aware of an allegation or complaint about possible fraud, misfeasance, nonfeasance, malfeasance, misapplication of funds, gross mismanagement, and employer, employee, or client misconduct involving WisJOBS programs or operations shall immediately report such incidents to the district attorney for the county in which the alleged violation took place and simultaneously transmit a copy of the report to the DETP.
The grantee shall assure that it will comply with the following provisions of liability:
(a) Liability for claims.
Neither the state of Wisconsin nor the DETP may assume any liability with respect to bodily injury, illness, or any other damages or losses, or with respect to any claims arising out of any activities undertaken under a WisJOBS grant or agreement, whether concerning persons or property in the grantee's organization or third parties. The grantee shall insure or otherwise protect itself with regard to activities under the grant. As evidence of ability to assume potential liability beyond that which is covered by insurance, the grantee shall submit the following to the DETP:
Evidence that such liability is underwritten by a unit or units of local government; or
Assurance of ability to meet risks inherent to program activities under the grant.
(b) Bonding coverage.
The grantee shall provide bonding coverage for every officer, director, agent, or employee authorized to receive or deposit DETP funds in program accounts, or to issue financial documents, checks or other instruments of payment for grant costs. The amount of bonding shall be the lower of the following:
(c) Bonding cancellation.
The grantee shall immediately notify the DETP if the bond is cancelled or reduced.
(d) Liability for disallowed costs.
The grantee shall assume liability for any costs disallowed by the DETP because of violations of provisions in applicable laws, this chapter, the PPM, or the individual grant or contract. The DETP reserves the right to withhold payment of costs from current WisJOBS grants if the grantee fails to comply with the provisions of its grant agreement.
(20) Program specifications.
The grantee assures that it shall comply with the following program specifications:
(a) Qualified business priorities.
In allocating funds, the grantee shall give priority to qualified businesses which meet the criteria authorized under s. 101.35 (10), Stats.
(b) Identification of qualified businesses.
The grantee shall develop written procedures for identifying qualified businesses, including those that meet the qualified business priorities authorized under s. 101.35 (10), Stats.
(c) Grant diversion funding.
The grantee shall document the results of its attempts to obtain AFDC grant diversion funding authorized under s. 101.35 (10) (c), Stats.
(d) County area emphasis.
The grantee shall document the results of its attempts to subsidize wages for positions in areas of the greatest unemployment authorized under s. 101.35 (10) (d), Stats.