Rule-Making Notices (Hearing Notices)

DCF 201.03 (6) INCENTIVE PROGRAM FOR LOCAL FRAUD DETECTION.

(a) Definition. In this subsection, “local agency" means a child care administrative agency, excluding an agency in a county having a population of 750,000 or more.

(b) Identifying fraud. The department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:

1. The local agency investigates the child care provider by doing any of the following:

a. Conducting site visits.

b. Collecting and reviewing the provider's attendance and billing records.

c. Interviewing persons of interest.

d. Gathering supporting case information.

2. The local agency's investigation finds that the child care provider intentionally submitted false, misleading, or irregular information to the department or failed to comply with the terms of the child care subsidy program under s. 49.155, Stats., and failed to provide to the satisfaction of the agency or the department an explanation for the noncompliance.

3. The local agency calculates and establishes the amount of the overpayment made to the provider as a result of the provider's actions under sub. 2.

4. The local agency's actions in subd. 1. to 3. result in the department, in conjunction with the local agency, withholding payments to be made to the child care provider under s. 49.155 (7m) (a) 2., Stats.

5. The withholding of payments under subd. 4. is upheld in the final review under s. DCF 201.07 or the provider does not request a review or appeal.

6. If directed by the department, the local agency requests the district attorney to consider criminal prosecution of the child care provider.

(c) Payment amount. 1. The department shall determine the amount of an incentive payment earned by a local agency under par. (b) by multiplying all of the following amounts:

a. The statewide average monthly subsidy payment per child in the preceding fiscal year.

b. The average monthly number of children for whom payment was authorized to the provider under s. DCF 201.04 (2g) in the 12 months before the local agency or the department withheld payments under par. (b) 3. If payment was not authorized to the provider for all of the preceding 12 months, the average monthly number of children for the number of months that payment was authorized.

c. 1.5 months.

2. An incentive payment earned by a local agency for identifying fraud in the child care subsidy program under par. (b) by a single child care provider may not exceed $25,000.

3. A local agency may earn more than one incentive payment per year if the local agency identifies fraud in the child care subsidy program under par. (b) by more than one child care provider in that year.

(d) Use of incentive funds. A local agency that has earned an incentive payment may request that the department distribute the funds for any of the following purposes:

1. The local agency's child care fraud contract with the department for the following year.

2. The local agency's current child care fraud contract with the department if the request is made in the first half of the contract term.

Note: Contracts with counties are based on a calendar year and contracts with tribes are based on a federal fiscal year.

3. Any purpose that is consistent with the currently approved state plan for use of federal funds under the Temporary Assistance to Needy Families program.

SECTION 2. INITIAL APPLICABILITY. This rule first applies to investigations under s. DCF 201.03 (6) (b) 1. that were initiated on or after January 1, 2012.

SECTION 3. EFFECTIVE DATE. This rule shall take effect the first day of the month following publication in the Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
DCF 201, Administration of Child Care Funds
3. Subject
Incentive Program for Local Agencies that Identify Child Care Subsidy Fraud Committed by Child Care Providers
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   X FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			Section 20.437 (2) (md), Stats.
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	X Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The rule provides the procedures for implementing s. 49.197 (2), Stats.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The department solicited comments from the Wisconsin County Human Service Association, the Wisconsin Association on Public Assistance Fraud, and local agencies that administer the child care subsidy program under s. 49.155, Stats.
11. Identify the local governmental units that participated in the development of this EIA.
Rock County
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local agencies that administer the child care subsidy program may increase their revenue if they earn an incentive under the rule. Section 49.197 (2) (b) 1., Stats., directs the department to fund the incentive program from the allocation for direct child care services under s. 49.175 (1) (p), Stats. Rock County contracts with a private investigator to conduct its child care provider fraud investigations. They asked whether the county or the private investigator would be eligible to receive the incentive payments. The department would make the payment to the local agency. The allowable uses for the funds are in the proposed s. DCF 201.03 (6) (d).
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Section 49.197 (2) (b) 1., Stats., directs the department to promulgate this rule.
14. Long Range Implications of Implementing the Rule
None
15. Compare With Approaches Being Used by Federal Government
NA
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
The department is not aware of rules governing an incentive program for local agencies that identify child care subsidy fraud committed by providers in any of the adjacent states.
17. Contact Name				18. Contact Phone Number
Erik Hayko				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Technical College System

rulemaking_notices CR 14-022 CR 14-022

NOTICE IS HEREBY GIVEN that pursuant to Wis. Stats. s. 38.04, and interpreting Wis. Stats. s. 38.04 (4), the Wisconsin Technical College System will hold a public hearing to consider repealing and recreating Chapter TCS 3, related to Certification of Personnel: Requirements and Procedures.

Hearing Date and Location

Date:   Tuesday, April 29, 2014
Time:   9:00 a.m.
Location:   Wisconsin Technical College System
  Office

  Board Room
  4622 University Avenue
  Madison, WI 53707

It is the policy of the Wisconsin Technical College System Board (WTCSB) to provide accommodations to persons with disabilities, which may affect their ability to access or participate in WTCS activities. To request assistance or reasonable accommodations for the scheduled public hearing, contact Nancy Merrill at [phone] or [e-mail].

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to the agency contact person listed above. Deadline for submission is 5 p.m., April 29, 2014.

Analysis Prepared by the Wisconsin Technical College System Board

Statutes interpreted

Wis. Stats. s. 38.04 (4).

Statutory authority

Wis. Stats. s. 38.04 (4).

Explanation of agency authority

Section 38.04 (4), Stats., states that the qualifications of educational personnel shall be approved by the technical college system board.

Related statute or rule

Wis. Stats. s. 38.12 (3) (b).

Plain language analysis

The Wisconsin Technical College System (WTCS) recently reviewed Chapter TCS 3 of the Wis. Admin. Code, Certification of Personnel: Requirements and Procedures, to ensure that the process is efficient for both the System and its colleges while maintaining a high quality process that supports the statutory responsibilities of the WTCS Board. Chapter TCS 3, which was last amended in 1993, establishes the standards and procedures for implementation of a personnel certification system.

Summary of, and comparison with, existing or proposed federal regulations

There are no federal rules regarding certification of technical college personnel.

Comparison with rules in adjacent states

Not applicable.

Summary of factual data and analytical methodologies

Not applicable.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

A fiscal estimate and economic impact analysis were completed as required under s. 227.14, Wis. Stats. No fiscal or economic impact is expected. A copy of the fiscal estimate and economic impact analysis can be obtained by contacting the agency contact person listed below.

Effect on Small Business

None

Agency Contact Person

Nancy A. Merrill, Senior Policy Advisor and Federal Relations Officer, Wisconsin Technical College System, 4622 University Avenue, P.O. Box 7874, Madison, Wisconsin 53707-7874, telephone [phone], e-mail [e-mail].

Text of Rule

CHAPTER TCS 3

Certification of Personnel: Requirements and Procedures

TCS 3.01   Purpose and Applicability

TCS 3.02   Definitions

TCS 3.03   Documentation and Instructor Credentials

TCS 3.04   Instructor Requirements

TCS 3.05   Faculty Quality Assurance System

TCS 3.06   Review of district compliance

TCS 3.01 Purpose and application. (1) PURPOSE. The purpose of this chapter is to establish standards and procedures pursuant to s. 38.04(4)(a), Stats., for the approval of minimum requirements for district educational personnel who provide instruction in courses that apply to a degree or adult basic education.

(2) APPLICABILITY. This chapter applies to all district instructors teaching courses that apply to a degree or adult basic education. It does not apply to instructors teaching adult continuing education or community service/avocational courses listed under aid code 42, 47 or 60.

TCS 3.02 Definitions. In this chapter:

(1) “Academic instructor" means a person teaching one or more courses in academic subjects such as mathematics, social science, English, communications, and science where the knowledge and skills taught are obtained by the instructor through collegiate preparation.

(2) “Accredited" means official recognition as a public or private educational institution by an accrediting agency recognized by the U.S. Department of Education.

(3) “Board" means the Wisconsin Technical College System Board.

(4) “Currency" means ongoing engagement in assigned occupational or academic area(s) that ensure instructors meet the most recent standards of practice for professions associated with their assigned content areas.

(5) “Director" means the person appointed as the System President by the Board under s. 38.04(2), Stats.

(6) “District" means a technical college district established under ch. 38, Stats.

(7) “District board" means the district board in charge of the technical colleges of a district.

(8) “District director" means the person employed by a district board under s. 38.12(3)(a)1, Stats.

(9) “Employed full-time" means employed by a district as an academic or occupational instructor in a position that qualifies as full-time according to district policy or standards.

(10) “Employed part-time" means employed by a district as an academic or occupational instructor in a position that qualifies as part-time according to district policy or standards.

(11) “Faculty Quality Assurance System" means the system used to ensure compliance under this chapter.

(12) “Occupational instructor" means a person employed by a district to teach one or more courses that are vocational or technical in nature and that apply toward a degree.

(13) “Postsecondary degree granting institution" means a public or private educational institution awarding an associate, baccalaureate, or graduate degree.

(14) “Higher Learning Commission" means the independent corporation that accredits degree-granting post-secondary educational institutions in the North Central region, thereby granting accredited institutions membership in the Commission and in the North Central Association.

(15) “Subject matter expert" means an individual with scientific, technical, or other specialized knowledge in a specific subject matter, profession or field of study exhibited by or obtained through knowledge, skill, experience, training, education, or a combination thereof.

(16) “Verifiable occupational experience" means occupational experience that is, at a minimum, documented by a district director's or designee's reference check.

TCS 3.03 District documentation of instructor credentials. Prior to being assigned to teach any course, a person employed by a district as an academic or occupational instructor shall provide to the district director or designee: