(3) Application. In order to receive a deferment, a student shall apply to the district director or designee. Application for a general deferment must be made before the start of the semester for which the deferment is requested. Application for a military deferment must be made within 30 days of discharge from active duty in the military service or before the end of the member's original initial eligibility end date, whichever is later.
(4) Approval. Each district shall establish policies for approving TOP grant deferments other than military deferments under sub. (2).
TCS 16.07 Probationary semester. (1) A student who either fails to attain a 2.0 GPA or does not complete at least 12 (twelve) program credits during the semester in which he or she was awarded a TOP grant shall be placed on probation for the following semester in which he or she is eligible for a TOP grant unless an exemption is approved under s. TCS 16.07 (4). No grant award will be given to a student during a probationary semester.
(2) A student who either fails to attain a 2.0 GPA or does not complete at least 12 (twelve) program credits during a probationary semester forfeits any remaining eligibility for subsequent TOP grant awards.
(3) A student who attains a 2.0 GPA and completes at least 12 (twelve) program credits during a probationary semester shall be eligible for subsequent TOP grant awards based on the following:
(a)
If a student's probationary semester follows the semester in which he or she received his or her 1st TOP grant, then a student may be eligible to receive up to 2 (two) additional TOP grants.
(b) If a student's probationary semester follows the semester in which he or she received his or her 2nd TOP grant, then a student may be eligible to receive up to 1 (one) additional TOP grant.
(c) If a student's probationary semester follows the semester in which he or she received his or her 3rd TOP grant, then a student is no longer eligible to receive a TOP grant award.
(4) Probation exemption. (a) A student who has received a TOP grant under ss. TCS 16.03 or 16.05 may request a probation exemption for reasons owing to personal hardship as determined by the district during the semester in which he or she received the grant.
(b) Such a request must be approved before the end of the semester in which the grant was received.
(c) A student who has received approval for a probation exemption is not subject to the provisions of sub. (1) for the subsequent semester in which he or she is eligible for a TOP grant, following the approval of the exemption.
(d) A student may apply for up to 2 probation exemptions under this subsection.
TCS 16.08 Appeals. (1) District policies. Districts shall establish policies and procedures for students to appeal grant eligibility, deferment approvals, probation determinations, and probation exemptions. Such policies and procedures shall be approved by the district board and filed with the office of the state director.
(2) Decision of state director. Decisions by the district director or designee may be appealed to the state director. Review of a district decision is limited to a review of the record established at the district level.
(3) Time limit. The time limit for filing an appeal to the state director shall be 30 days after a student is notified of the district's decision.
Note: The address for filing appeals to the state director is: Wisconsin Technical College System Board, 310 Price Place, P.O. Box 7874, Madison, Wisconsin 53707-7874.
Written Comments
The public record on this proposed rule will held open until the close of business on Thursday, May 4, 2000. Written comments from people unable to attend the public hearing or who want to supplement testimony offered at the hearing may be submitted for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to the contact person listed below. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule and Fiscal Estimate
A copy of the proposed rules and the full fiscal estimate may be obtained from the Wisconsin Technical College System Board upon request.
Contact Information
Questions concerning these rules may be directed to Jesús G.Q. Garza, Legal Counsel, Wisconsin Technical College System Board, 310 Price Place, P.O. Box 7874, Madison, Wisconsin 53707-7874.
It is the policy of the WTCSB to provide accommodations to persons with disabilities which may affect their ability to access or participate in WTCSB activities. Persons may request assistance or accommodation for the scheduled public hearing by contacting Mr. Garza at (608) 267-9540, or accessing the TTY line at (608) 267-2483 on or before Tuesday, April 25, 2000.
Notice of Hearing
Workforce Development
(Economic Support,
Chs. DWD 11 to 59)
Notice is hereby given that pursuant to ss. 49.138(1m)(am) and 227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the revision of ch. DWD 16, relating to emergency assistance for families facing impending homelessness.
Hearing Information
April 28, 2000 Madison
Friday GEF #1, Room 400X
1:30 p.m. 201 E. Washington Ave.
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
An accessible entrance to the building is available via a ramp from the corner of Washington Avenue and Webster Street to the Butler Street entrance. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Statutory authority: ss. 49.138(1m)(am) and 227.11
Statute interpreted by the rule: s. 49.138(1m)(am)
The proposed rules implement the provision of 1999 Wis. Act 9 that extends eligibility for Emergency Assistance to families facing impending homelessness. Emergency Assistance is a program that has provided financial assistance to low-income families in need due to homelessness, fire, flood, natural disaster, or energy crisis and will now also include families facing impending homelessness. The maximum payment per family is $150 per member in cases of need due to fire, flood, natural disaster, homelessness, and impending homelessness and unlimited in cases of need due to energy crisis. Assistance is available once every 36 months for homelessness and impending homelessness and once every 12 months for families in need due to fire, flood, natural disaster, energy crisis, or homelessness when a member of the family is a victim of domestic abuse.
The proposed rules instruct W-2 agencies on the conditions for eligibility and the type of verification required to implement the provision of assistance to families facing impending homelessness. The rules provide that assistance may be provided to families 1) who have received a notice terminating tenancy for nonpayment of rent or a notice of foreclosure from a bank or local government and 2) who are experiencing a financial crisis as defined by the department. A financial crisis is defined as loss of wages due to illness or injury, loss of employment that does not include voluntarily leaving appropriate employment without good cause, loss of income due to a second parent leaving the household, car repair expenses necessary for transportation to work, medical expenses, and other conditions as determined by the W-2 agency.
The proposed rules also require a qualified caretaker relative to be 18 years of age or older, except in limited circumstances. These circumstances include a minor emancipated due to marriage; an individual with no living parent, legal guardian, or other appropriate adult relative whose whereabouts are known; an individual's whose parent, guardian, or appropriate relative does not allow the individual to live with him or her; an individual or individual's child has been abused or is subject to abuse in the residence of the individual's parent or legal guardian; an individual or minor child face imminent or serious harm if they live in the same residence as the parent or guardian; or the W-2 agency otherwise determines that it is in the best interest of the individual's child to waive the general prohibition of assistance to unmarried caretakers who are under 18 years of age. The prohibition of assistance to teenage parents not living in adult-supervised settings, except in limited circumstances, is required for programs funded by Temporary Assistance to Needy Families (TANF) at 42 USC 608(a)(5).
Initial Regulatory Flexibility Analysis
Privately-run W-2 agencies will be affected by the rule change, but the rule will not have a significant economic impact because there is no material change from current procedures.
Fiscal Impact
The proposed rules have no fiscal impact. The rules instruct W-2 agencies on the conditions for eligibility and the type of verification required to implement the statutory expansion of the program to families facing impending homelessness. The expansion of the program may result in additional program costs or a slightly higher workload for counties that administer Emergency Assistance, but these additional costs were contemplated with the enactment of the statutory amendments and are not a result of the proposed rules.
Contact Information
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than May 3, 2000, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Workforce Development
(Economic Support,
Chs. DWD 11 to 59)
Notice is hereby given that pursuant s. 59.52 (4)(a)18., Stats., the Department of Workforce Development will hold a public hearing to consider the repeal of ch. HSS 245 and creation of ch. DWD 18, relating to public assistance record retention.
Hearing Information
April 28, 2000 Madison
Friday GEF #1, Room 400X
1:30 p.m. 201 E. Washington Ave.
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
An accessible entrance to the building is available via a ramp from the corner of Washington Avenue and Webster Street to the Butler Street door. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio tape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Statutory authority: s. 59.52(4)(a)18.
Statute interpreted: s. 59.52(4)(a)18.
The proposed rule shortens the retention period for certain public assistance case records from six years after the date of closing to the statutory minimum of three years after the date of closing, when a historical record is maintained in the department's computer system, CARES. This change is proposed to reduce storage costs and was approved by the State Public Records Board in March 1999.
The case records that must be retained for three years after the date of closing are written case comments, medical examination forms, third-party verifications received from outside agencies, child care information, school attendance and financial aid information, and documentation of unusual or unique assets that are difficult to duplicate. Income maintenance agencies may be required to maintain case records until the department permits destruction in cases involving overpayment, fraud, intentional program violation, federal quality control review, or divestment and asset allocation for Medicaid.
Certain records must be retained until the earlier of six months or the next certification period, including verification of income, assets, rent and utility expenses, and medical expenses and medical insurance coverage. Items that must be verified once are Social Security number, birth certificate, alien status, and Medicare card.
Original copies of case records reproduced in microfilm, optical disk, or electronic format in accordance with statutory requirements and the requirements of the Department of Administration may be destroyed. The retention requirements in this rule would then apply to the microfilm, optical disk, or electronic format copies.
Destruction of records must be by burning, shredding, or another method as effective as burning or shredding.
Initial Regulatory Flexibility Analysis
The rule does not have a significant economic impact on a substantial number of small businesses. Privately-run W-2 agencies will be affected by the rule change, but the only significant change from current procedures is to shorten the retention period for closed cases from six years to three years, which should decrease storage costs.
Fiscal Estimate
The proposed rule shortens the retention period for certain public assistance case records from six years after the date of closing to the statutory minimum of three years after the date of closing, when a historical record is maintained in the department's computer system, CARES. This change is expected to reduce storage costs for counties and privately-run W-2 agencies.
Contact Information
