• The payment history of the account dictates that it would be in the department's best interest to require electronic funds transfer.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.
Analysis and supporting documents used to determine effect on small business: The department has prepared a fiscal estimate regarding this proposed rule order. It was determined that there is not a significant fiscal effect on small business.
Anticipated costs incurred by private sector: This proposed rule order does not have a significant fiscal effect on the private sector.
Text of Rule
SECTION 1. Tax 1.12 (4) (a) (intro.) is revised, to reflect the creation of a new subdivision.
SECTION 2. Tax 1.12 (4) (a) 12. is created, to provide that payments of certain installment agreements on overdue tax accounts are required to be made by electronic funds transfer.
SECTION 1. Tax 1.12 (4) (a) (intro.) is amended to read:
Tax 1.12 (4) (a) (intro.). Except as provided in sub. (11), the department requires a person who owes taxes and fees as described in subds. 1. to 11. 12. to pay or deposit the taxes and fees using the EFT payment method. The following taxes and fees are included in the EFT payment requirement:
Note to Revisor: In the note at the end of Tax 1.12 (4) (a) (3), replace “Tax 11.001 (4)" with “Tax 11.001 (2) (d)".
SECTION 2. Tax 1.12 (4) (a) 12. is created to read:
Tax 1.12 (4) (a) 12. Installment agreement payments on overdue tax accounts, if at least one of the following requirements are met:
a. The initial overdue balance is at least $2,000.
b. The installment agreement is for more than 2 years in length.
c. The installment agreement was requested by an entity with an active business permit.
d. The installment agreement is for a person with an out-of-state account.
e. The payment history of the account dictates that it would be in the department's best interest to require EFT.
Note to Revisor: 1) In the example at the end of Tax 1.12 (5), replace the year “1999" with “2003" and the year “2000" with “2004".
2) Replace the note at the end of Tax 1.12(6) with the following:
Note: A request for an EFT registration packet may be made by calling the department's EFT unit at (608) 264-9918, by writing to EFT Unit, Wisconsin Department of Revenue, PO Box 8912, Madison WI 53708-8912, or by submitting an on-line form via the department's web site at
www.dor.state.wi.us.
Initial Regulatory Flexibility Analysis
This proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
The rule would require payment by electronic fund transactions of installment agreement payments on overdue tax accounts meeting certain conditions. The change may increase tax collections by reducing the default rate on installment agreements, but any revenue increase is not expected to be significant.
Contact Person
Please contact Dale Kleven at (608) 266-8253 or
dkleven@dor.state.wi.us, if you have any questions regarding this proposed rule order.
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 20th day of August, 2004, at 9:30 a.m., in the Learning Center at the Wisconsin Veterans Home at Union Grove, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
The creation of ss.
VA 2.02 (8) and
2.04 (3) (g) will determine the circumstances under which an applicant will satisfactorily complete a semester or course. The rule language would impose the requirement that the applicant receives at least a grade of “C" for a graded course or a “pass" or “satisfactory" determination for other courses for which a part-time study grant is sought or a t least a “C" average for the semester for which a tuition and fee reimbursement grant is sought. This requirement is similar to the requirement of the National Guard tuition grant under s.
21.49.
There is no current or pending federal regulations that address reimbursement for educational grants under state veterans' educational programs. There are no similar rules in adjacent states. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal effect upon the private sector.
Initial Regulatory Flexibility Analysis
This rule is not expected to have any adverse impact upon small businesses.
Fiscal Estimate
The implementation of the rule is expected to result in an annual reduction in expenditures of approximately $28,782 in the part-time study grant program and $83,926 in the tuition and fee reimbursement grant program.
A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:
John Rosinski
Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
Contact Person
John Rosinski (608) 266-7916
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
49.141 (5) (bm), as created by
2003 Wisconsin Act 173, and 227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to the grievance procedure for resolving complaints of employment displacement under the Wisconsin Works program and affecting small business.
Hearing Information
Monday, August 16, 2004 at 1:30 p.m.
GEF 1 Building, Room B103
201 E. Washington Avenue
Madison
Interested persons are invited to appear at a 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.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. 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
Federal law.
42 USC 607(f) and
45 CFR 261.70 prohibit an adult in a family receiving assistance under a state program funded by a federal Temporary Assistance for Needy Families (TANF) block grant from being employed or assigned to a position in the following circumstances:
•
Any other individual is on layoff from the same or any substantially equivalent job.
•
The employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy with a participant in a TANF-funded program.
States are required to establish and maintain a grievance procedure for resolving complaints of alleged violations of this prohibition.
Explanation of agency authority.
Section 49.141 (5) (am), Stats., as renumbered by
2003 Wisconsin Act 173, provides that no Wisconsin Works employment position may be operated so as to do any of the following:
•
Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring a W-2 participant.
•
Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.
•
Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.
Section
49.141 (5) (bm), Stats., as created by
2003 Wisconsin Act 173, directs the Department to promulgate rules specifying a grievance procedure for resolving complaints of alleged violations of the nondisplacement provisions.
Summary of the proposed changes. The current rule requires employers to provide a grievance procedure for regular employees to resolve complaints of employment displacement by a W-2 participant. The proposed rule provides that employers shall comply with the procedure developed by the Department.
The proposed rule requires each W-2 agency to designate staff responsible for receiving, investigating, and resolving complaints of violations of the nondisplacement provisions or maintain an agreement with a department grantee or contractor in the same locality to receive, investigate, and resolve such complaints. Each W-2 work training provider or employer of a participant in a W-2 employment position shall inform its employees of the right to file a complaint and provide information about how to obtain further information on the grievance procedure.
An employee, former employee, or employee's representative may file a written complaint with the W-2 agency or its designee that alleges facts that may constitute a violation of the nondisplacement provisions. The complaint must be filed within one year from the date of the alleged violation. Upon receipt of a complaint alleging a violation of the nondisplacement provisions, the W-2 agency or its designee shall investigate the complaint and assist the parties in attempting to reach an informal resolution to the complaint. If an informal resolution cannot be reached, the W-2 agency or its designee shall conduct a hearing within 30 calendar days from the date the complaint was filed. The W-2 agency or its designee shall issue a hearing decision to the parties within 60 calendar days from the date the complaint was filed.
A party may file a request for a department review within 10 days of receiving an adverse decision from the W-2 agency or its designee or within 15 days from the date the decision was due if the parties did not receive a decision. The review shall be conducted by the administrator of the department's division of workforce solutions. The department's final decision shall be issued within 30 calendar days from the date the request for departmental review was filed.
A W-2 employer or work training provider who is found to have violated any of the nondisplacement provisions may be subject to termination of existing W-2 or other work training agreements with the department or its contractors, termination of grants from the department or its contractors and disqualification for future grants, and disqualification for future work training agreements with the department or its contractors.
No employer or W-2 work training provider may retaliate against an employee, employee's representative, or witness who initiates or participates in the grievance procedure.
Summary of analytical methodology used to develop the proposed rule. The grievance procedure adopted for employment displacement by W-2 participants is similar to the grievance procedure that the Department developed for complaints of employment displacement by participants in employment and training programs funded by grants under the federal Workforce Investment Act (WIA) and Welfare to Work. (The Welfare to Work program no longer exists.)
The grievance procedure was developed to comply with federal WIA and Welfare to Work regulations at
20 CFR 667.600 and
20 CFR 645.270. The preamble to the TANF regulations recommends that states use one set of grievance procedures for the TANF and Welfare to Work programs, 64 Federal
Register 17797 (April 12, 1999). Although the Welfare to Work program no longer exists, the proposed rule allows for a common grievance procedure and a common complaint coordinator for complaints of employment displacement by participants in employment and training programs funded by grants under WIA and W-2.
Comparison with rules in adjacent states. Iowa. A complaint must be filed within one year with the program contractee. The contractee attempts to reach an informal resolution of the complaint. If informal resolution is not possible, a complainant may file a written appeal with the Department. The appeal procedures generally used for Department disputes are followed.
Illinois. A complaint may be filed with the Department. The Department holds an in-person conference to receive documents and statements and issues a decision.
Michigan. All complaints utilizing Michigan Department of Career Development/Office of Workforce Development funding sources follow the same complaint procedure. The complaint procedure is found in the WIA state plan.
Local agencies must make provisions for informal means to resolve complaints before they become grievances. If there is no informal resolution, the local agency conducts a hearing and issues a decision no later than 60 days from the date the grievance was filed. A grievance may be appealed to the Department and the Department may conduct a hearing. A decision is issued no later than 30 days after the filing of the appeal.
Minnesota. Minnesota has a state statute that applies to nondisplacement in union workplaces. They do not appear to have developed a grievance procedure that applies to all workplaces with a TANF-subsidized individual.
Anticipated costs incurred by private sector. There will be no significant fiscal effect on the private sector.
Effect on small business. The rule will affect privately-run W-2 agencies and small businesses that have a W-2 participant at their work site. The rule will not have a significant economic impact on a substantial number of small businesses.
Analysis and supporting documentation used to determine effect on small business. The rule merely outlines a procedure for resolving complaints. The grievance procedure is not expected to be used often.
Contact
