DWD 830.08(6)(e)
(e) Less than arm's length agreements. In some cases, there may be agreements which are made at less than arm's length, that is, where one party to the agreement is able to control or substantially influence the actions of the other. These agreements may be considered allowable at the discretion of the DETP. These agreements include, but are not limited to, those between the following:
DWD 830.08(6)(e)2.
2. Grantees under common control through common officers, directors, or members; or
DWD 830.08(6)(e)3.
3. A grantee and a director, trustee, officer, or key employee of the grantee or his or her immediate family either directly or through corporations, trusts, or similar arrangements in which they hold a controlling interest.
DWD 830.08(7)
(7) Conditions for wage subsidy payments from grantees to employers. The grantee shall comply with the conditions for wage subsidy payments from grantees to employers in accordance with the PPM and
s. 101.35 (5), Stats.
DWD 830.08(8)
(8) Audit and audit resolution. The grantee shall comply with the following provisions for audit and audit resolution:
DWD 830.08(8)(a)
(a) Units of government. Grantees that are units of government shall have a single organization-wide financial, compliance and eligibility audit, including this grant, performed by an independent CPA firm and conducted in accordance with the single audit act and the state single audit guidelines.
DWD 830.08(8)(b)
(b) Non-units of government. Grantees that are not units of government shall procure an annual financial, compliance and eligibility audit of these funds performed by a qualified CPA firm in accordance with the office of management and budget Circular A-110, uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations, and Wisconsin single-audit guidelines.
DWD 830.08(8)(c)
(c) Audit costs. The cost of the audit shall be borne by the grantee.
DWD 830.08(8)(d)
(d) Audit resolution process. The grantee shall comply with the audit resolution process in accordance with the PPM.
DWD 830.08(8)(e)
(e) Subgrant audits. Grantees are responsible for developing similar audit resolution and debt collection procedures applicable to their subgrants.
DWD 830.08(9)
(9) Debt collection. The grantee shall comply with the following provisions for debt collection:
DWD 830.08(9)(a)
(a) Debt collection procedures. Grantees shall develop and institute debt collection procedures to aggressively collect debts.
DWD 830.08(9)(b)
(b) Conditions of repayment. In accordance with s.
106.20 (11) (a) and
(b), Stats., the grantee shall collect repayment of wage subsidies received by employers if a client leaves the position during the subsidy period or during the retention period, and the employer does not replace the client with another eligible job applicant.
DWD 830.08(9)(c)
(c) Repayment schedule. The repayment shall be collected according to the following schedule of decreasing liability:
DWD 830.08(9)(c)1.
1. 70% if the client leaves while the position is subsidized or within the first month after the wage subsidy ends;
DWD 830.08(9)(c)2.
2. 64% if the client leaves within the second month after the end of the wage subsidy;
DWD 830.08(9)(c)3.
3. 58% if the client leaves within the third month after the end of the wage subsidy;
DWD 830.08(9)(c)4.
4. 52% if the client leaves within the fourth month after the end of the wage subsidy;
DWD 830.08(9)(c)5.
5. 46% if the client leaves within the fifth month after the end of the wage subsidy;
DWD 830.08(9)(c)6.
6. 40% if the client leaves within the sixth month after the end of the wage subsidy;
DWD 830.08(9)(c)7.
7. 34% if the client leaves within the seventh month after the end of the wage subsidy;
DWD 830.08(9)(c)8.
8. 28% if the client leaves within the eighth month after the end of the wage subsidy;
DWD 830.08(9)(c)9.
9. 22% if the client leaves within the ninth month after the end of the wage subsidy;
DWD 830.08(9)(c)10.
10. 16% if the client leaves within the tenth month after the end of the wage subsidy;
DWD 830.08(9)(c)11.
11. 10% if the client leaves within the eleventh month after the end of the wage subsidy;
DWD 830.08(9)(c)12.
12. 4% if the client leaves within the twelfth month after the end of the wage subsidy;
DWD 830.08(9)(c)13.
13. No payback is required if the client leaves the position after the twelve-month retention period is completed.
DWD 830.08(9)(d)
(d) Debt collection activity. Debt collection activity shall be progressive, from notification of the debt through debt collection, with waivers viewed as a last resort.
DWD 830.08(9)(e)
(e) Waiver of debt. A waiver can be sought at any point in the process after the debt has been determined to be uncollectible. Guidelines for making the determination and for pursuing a waiver are provided in PPM. The secretary may grant a waiver of the debt in accordance with s.
106.20 (11) (c), Stats.
DWD 830.08(9)(f)
(f) Charging of interest. Nothing in this section shall prevent the grantee from being charged interest on the debt at the current rate earned by the Wisconsin state investment fund beginning 30 days after the debt is established.
DWD 830.08 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89; corrections in (1) (a) 1., (9) (b) and (e) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DWD 830.09
DWD 830.09
Complaints and appeals. The following procedures shall be used in processing complaints on alleged violations of WisJOBS or its regulations:
DWD 830.09(1)
(1) General requirements. The grantee shall comply with the following general requirements of complaints and appeals:
DWD 830.09(1)(a)
(a) Grantee procedures. Each grantee shall establish and maintain complaint, grievance and appeal procedures.
DWD 830.09(1)(b)
(b) Subgrantee procedures. Each grantee shall assure that all subgrantees with which it contracts under WisJOBS are informed of these requirements and that they maintain grievance procedures consistent with such requirements.
DWD 830.09(1)(c)
(c) Employer procedures. Each grantee shall assure that every employer with which it contracts shall maintain a grievance procedure relating to the terms and conditions of employment.
DWD 830.09(2)
(2) Discrimination complaint filing procedure. Any person who believes they have been discriminated against on the basis of race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record or conviction record while applying for, or participating in a WisJOBS program, may file a complaint with the department of workforce development equal rights division within 300 days of the action believed to have been discriminatory.
DWD 830.09(3)
(3) Noncriminal violation of WisJOBS law. The grantee shall comply with the following provisions applicable to noncriminal complaints or grievances:
DWD 830.09(3)(a)
(a) Filing a complaint. Any person who believes or alleges that a violation of WisJOBS s.
106.20, Stats., has occurred, may within one year of the alleged violation file a written complaint with the grantee.
DWD 830.09(3)(b)
(b) Hearing. The grantee shall receive the complaint, and within 30 days conduct a hearing. A final grantee decision shall be issued within 60 days after receipt of the complaint.
DWD 830.09(3)(c)
(c) Appeal. The complainant may appeal the final grantee decision to the DETP within 10 days of receipt of the decision if the complainant is dissatisfied with the decision.
DWD 830.09(3)(d)
(d) Appeal decision. DETP shall review the record and issue a final administrative decision on the appeal within 30 days of receipt.
DWD 830.09(4)
(4) Noncriminal violations of WisJOBS law when DETP is respondent. The grantee shall comply with the following provisions applicable to noncriminal complaints or grievances:
DWD 830.09(4)(a)
(a) Filing a complaint. Any person who believes or alleges that the DETP has violated a provision of WisJOBS as described in s.
106.20, Stats., may within one year of the alleged violation file a written complaint with the DETP.
DWD 830.09(4)(b)
(b) Hearing. The DETP shall receive the complaint and within 30 days designate a hearing examiner who shall conduct a hearing and issue a decision within 60 days after receipt of complaint.
DWD 830.09(4)(c)
(c) Appeal. The complainant may appeal this decision within 10 days of receipt of this decision to the DETP administrator.
DWD 830.09(4)(d)
(d) Appeal decision. The DETP administrator shall review the record and within 30 days issue a final administrative decision.
DWD 830.09(5)
(5) Criminal violation of WisJOBS law. Any person who becomes aware of an allegation or complaint about possible fraud, misfeasance, nonfeasance, malfeasance, misapplication of funds, gross mismanagement, or employee or employer misconduct shall report such incidents to the DETP and the district attorney for the county in which the alleged violation took place.
DWD 830.09 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89; corrections in (2), (3) (a) and (4) (a) made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register November 2008 No. 635.
DWD 830.10(1)
(1)
Eligibility. The grantee or its designee shall determine eligibility of applicants for WisJOBS programs in accordance with the criteria established in
s. 101.35 (9), Stats., and shall comply with all DETP procedures and requirements in the PPM for recording the data necessary to determine eligibility, establish the official record of eligibility and report program outcomes.
DWD 830.10(2)
(2) Enrollment tracking. The grantee or its designee shall comply with DETP procedures and requirements in the PPM for recording the data necessary to establish and track the official record of enrollment and report program outcomes of eligible job applicants and clients in WisJOBS programs.
DWD 830.10(3)
(3) Enrollment selection. The grantee shall select for enrollment only applicants who have been certified eligible for the WisJOBS program. In addition to eligibility, the grantee shall also consider the client target group priorities established in
s. 101.35 (10) (b) and
(c), Stats., when selecting eligible job applicants.
DWD 830.10(4)
(4) Followup requirements. The grantee and the employer shall submit the necessary followup information reports for the WisJOBS program in accordance with DETP procedures and requirements in the PPM.
DWD 830.10(5)
(5) Documentation requirements. The grantee shall establish procedures for collecting and retaining documentation of compliance with WisJOBS eligibility, enrollment, and follow-up requirements established in the PPM.
DWD 830.10(6)
(6) Eligibility and enrollment reporting. The grantee shall provide the DETP with timely and accurate eligibility and enrollment data reporting in accordance with the requirements and procedures established in the PPM for monitoring and evaluating the WisJOBS program.
DWD 830.10(7)
(7) Participating employer demographics reporting. For each employer which the grantee determines to be a qualified business and where an eligible job applicant is hired in conformance with a WisJOBS grantee-employer agreement, the grantee shall complete and report the demographic information on participating employers in accordance with the requirements and procedures in the PPM.
DWD 830.10 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89.
DWD 830.11(1)(1)
Assignment, sublet, subcontract, delegation, or termination. Grantees shall neither assign nor transfer any rights or obligations under their grant agreement without prior written approval by the DETP.
DWD 830.11(2)
(2) Modifications to WisJOBS grants. Any grantee-initiated modifications to a WisJOBS grant which change the total dollars spent or the total number of clients enrolled require prior written approval of the DETP.
DWD 830.11(3)
(3) Deobligation of funds. WisJOBS grants are subject to the following provisions on deobligation of funds:
DWD 830.11(3)(a)
(a) Reallocation. The DETP reserves the right to reallocate funds awarded to any grantee which are not fully expended, encumbered, or otherwise committed by March 31 of any grant year. The reallocation may be among WisJOBS grantees in other eligible counties according to
s. 101.35 (4) (c), Stats.
DWD 830.11(3)(b)
(b) Deobligation. DETP shall consider unused funds at the end of a grant period, or when a grant is terminated, as deobligated.
DWD 830.11(4)
(4) Termination of WisJOBS grant agreements. The DETP reserves the right to immediately terminate a grant, in whole or in part, before the date of completion, under any one of the following conditions:
DWD 830.11(4)(a)
(a) Mutual agreement. Both parties agree to complete or partial termination;
DWD 830.11(4)(b)
(b) Grant violations. The DETP determines that the grantee has violated the provisions of the law, regulations, or terms of the grant;
DWD 830.11(4)(c)
(c) Quality of program administration. The DETP determines that the quality of program administration falls below acceptable industry standards;
DWD 830.11(4)(d)
(d) Noncompliance with goals and objectives. The grantee is not in compliance with the goals and objectives in its grant, and a modification request has not been submitted to and approved by the DETP;
DWD 830.11(4)(e)
(e) Grantee refusal to accept additional conditions. The grantee refuses to accept additional conditions imposed by the DETP pursuant to its legal obligations; or
DWD 830.11(5)
(5) Notification of grant termination. The DETP and the grantee shall comply with the following provisions for notification of grant termination:
DWD 830.11(5)(a)
(a) DETP-initiated termination. The DETP shall provide the grantee with prompt written notice and an opportunity for a hearing within 30 days after determining that it will take termination or reallocation action. Such notice shall describe the termination or reallocation action to be taken, reasons for termination or reallocation, and the effective date.
DWD 830.11(5)(b)
(b) Grantee-initiated termination. If termination is initiated by a grantee, the grantee shall notify DETP at least 90 days prior to the intended date of termination.
DWD 830.11(5)(c)
(c) Complaints and appeals. When a decision issued by the DETP adversely affects the interests of a grantee, it may be appealed according to DETP procedures for complaints and appeals in this chapter.
DWD 830.11(6)
(6) Protection of integrity of funds. The DETP may take whatever action is necessary, including legal action, to reclaim misspent funds, to protect the integrity of the funds, or to ensure the proper operation of WisJOBS programs.
DWD 830.11 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89.
