108.22(1)(f)
(f) Any notice of assurance filed under
s. 108.151 (2) (c) is timely if it is received by the department by its due date or, if mailed, is either postmarked no later than that due date or is received by the department no later than 3 days after that due date.
108.22(1m)
(1m) If an employer owes any contributions, reimbursements, or assessments under
s. 108.15,
108.151,
108.155, or
108.19 (1m), interest, fees, or payments for forfeitures or other penalties to the department under this chapter and fails to pay the amount owed, the department has a perfected lien upon the employer's right, title, and interest in all of its real and personal property located in this state in the amount finally determined to be owed, plus costs. Except where creation of a lien is barred or stayed by bankruptcy or other insolvency law, the lien is effective when the department issues a determination of the amount owed under
s. 108.10 (1) and shall continue until the amount owed, plus costs and interest to the date of payment, is paid. If a lien is initially barred or stayed by bankruptcy or other insolvency law, it shall become effective immediately upon expiration or removal of such bar or stay. The perfected lien does not give the department priority over lienholders, mortgagees, purchasers for value, judgment creditors, and pledges whose interests have been recorded before the department's lien is recorded.
108.22(1r)
(1r) If any employing unit or any individual who is found personally liable under
sub. (9) fails to pay to the department any amount found to be due it in proceedings pursuant to
s. 108.10, provided that no appeal or review permitted under
s. 108.10 is pending and that the time for taking an appeal or review has expired, the department or any authorized representative may offset the amount against a federal tax refund as provided in
26 USC 6402 (f).
108.22(2)(a)1.1. If any employing unit or any individual who is found personally liable under
sub. (9) fails to pay to the department any amount found to be due it in proceedings pursuant to
s. 108.10, provided that no appeal or review permitted under
s. 108.10 is pending and that the time for taking an appeal or review has expired, the department or any authorized representative may issue a warrant directed to the clerk of circuit court for any county of the state.
108.22(2)(a)2.
2. The clerk of circuit court shall enter in the judgment and lien docket the name of the employing unit or individual mentioned in the warrant and the amount of the contributions, interest, costs and other fees for which the warrant is issued and the date when such copy is entered.
108.22(2)(a)3.
3. A warrant entered under
subd. 2. shall be considered in all respects as a final judgment constituting a perfected lien upon the employing unit's or individual's right, title and interest in all real and personal property located in the county where the warrant is entered.
108.22(2)(a)4.
4. The department or any authorized representative may thereafter file an execution with the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any county where real or personal property of the employing unit or individual is found, commanding the sheriff to levy upon and sell sufficient real and personal property of the employing unit or individual to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue thereof within 60 days after receipt of the warrant.
108.22(2)(b)
(b) The clerk of circuit court shall accept, file and enter each warrant under
par. (a) and each satisfaction, release, or withdrawal under
subs. (5),
(6), and
(8m) in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk of circuit court and the department. The fees shall then be paid by the department, but the fees provided by
s. 814.61 (5) for entering the warrants shall be added to the amount of the warrant and collected from the employing unit or individual when satisfaction or release is presented for entry.
108.22(3)
(3) The department may issue a warrant of like terms, force and effect to any employee or other agent of the department, who may file a copy of such warrant with the clerk of circuit court of any county in the state, and thereupon such clerk shall enter the warrant in the judgment and lien docket and the warrant shall become a lien in the same manner, and with the same force and effect, as provided in
sub. (2). In the execution of the warrant, the employee or other agent shall have all the powers conferred by law upon a sheriff, but shall not be entitled to collect from the employer any fee or charge for the execution of the warrant in excess of the actual expenses paid in the performance of his or her duty.
108.22(4)
(4) If a warrant be returned not satisfied in full, the department shall have the same remedies to enforce the amount due for contributions, interest, and costs and other fees as if the department had recovered judgment against the employing unit for the same and an execution returned wholly or partially not satisfied.
108.22(5)
(5) When the contributions set forth in a warrant together with interest and other fees to date of payment and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the employer.
108.22(6)
(6) The department, if it finds that the interests of the state will not thereby be jeopardized, and upon such conditions as it may exact, may issue a release of any warrant with respect to any real or personal property upon which the warrant is a lien or cloud upon title, and such release shall be entered of record by the clerk upon presentation to the clerk and payment of the fee for filing said release and the same shall be held conclusive that the lien or cloud upon the title of the property covered by the release is extinguished.
108.22(7)
(7) At any time after the filing of a warrant, the department may commence and maintain a garnishee action as provided by
ch. 812 or may use the remedy of attachment as provided by
ch. 811 for actions to enforce a judgment. The place of trial of such an action may be either in Dane County or the county where the debtor resides and shall not be changed from the county in which such action is commenced, except upon consent of the parties.
108.22(8)(a)(a) If benefits are erroneously paid to an individual, the individual's liability to reimburse the fund for the overpayment may be set forth in a determination or decision issued under
s. 108.09. Any determination which establishes or increases an overpayment shall include a finding concerning whether waiver of benefit recovery is required under
par. (c). If any decision of an appeal tribunal, the commission or any court establishes or increases an overpayment and the decision does not include a finding concerning whether waiver of benefit recovery is required under
par. (c), the tribunal, commission or court shall remand the issue to the department for a determination.
108.22(8)(b)1.1. To recover any overpayment to an individual which is not otherwise repaid or recovery of which has not been waived, the department may recoup the amount of the overpayment by:
108.22(8)(b)1.a.
a. Deducting the amount of the overpayment from benefits the individual would otherwise be eligible to receive;
108.22(8)(b)1.b.
b. Filing a warrant against the liable individual in the same manner as is provided in this section for collecting delinquent payments from employers;
108.22(8)(b)1.c.
c. Setting off the amount of the overpayment against a refund or disbursement due pursuant to
s. 71.93; or
108.22(8)(b)1.d.
d. If the overpayment results from fraud or failure to report earnings, offsetting the amount of the overpayment against a federal tax refund as provided in
26 USC 6402 (f).
108.22(8)(b)2.
2. To recover any assessment under
s. 108.04 (11) (cm), the department may file a warrant against the liable individual in the same manner as is provided in this section for collecting delinquent payments from employers.
108.22(8)(b)3.
3. Any recovery under this paragraph is limited to the actual amount of the overpayment or assessment and any costs and disbursements, without interest.
108.22(8)(bh)
(bh) To recover any penalty under
s. 108.04 (11) (bh), the department may recoup the amount of the penalty by filing a warrant against a liable individual in the same manner as is provided in this section for collecting delinquent payments from employers.
108.22(8)(c)1.1. The department shall waive recovery of benefits that were erroneously paid if:
108.22(8)(c)1.b.
b. The overpayment did not result from the fault of an employee as provided in
s. 108.04 (13) (f), or because of a claimant's false statement or misrepresentation.
108.22(8)(c)2.
2. If a determination or decision issued under
s. 108.09 is amended, modified or reversed by an appeal tribunal, the commission or any court, that action shall not be treated as establishing a departmental error for purposes of
subd. 1. a.
108.22(8e)
(8e) If the department determines a payment has been made to an unintended recipient erroneously without fault on the part of the intended payee or payee's authorized agent, the department may issue the correct payment to the intended payee if necessary, and may recover the amount of the erroneous payment from the recipient under this section or
s. 108.225 or
108.245.
108.22(8m)
(8m) If the department issues an erroneous warrant, the department shall issue a notice of withdrawal of the warrant to the clerk of circuit court for the county in which the warrant is filed. The clerk shall void the warrant and any liens attached by it.
108.22(9)
(9) An individual who is an officer, employee, member, manager, partner, or other responsible person holding at least 20 percent of the ownership interest of a corporation, limited liability company, or other business association subject to this chapter, and who has control or supervision of or responsibility for filing any required contribution reports or making payment of contributions, and who willfully fails to file such reports or to make such payments to the department, or to ensure that such reports are filed or that such payments are made, may be found personally liable for such amounts, including interest, tardy payment or filing fees, costs and other fees, in the event that after proper proceedings for the collection of such amounts, as provided in this chapter, the corporation, limited liability company, or other business association is unable to pay such amounts to the department. Ownership interest of a corporation, limited liability company, or other business association includes ownership or control, directly or indirectly, by legally enforceable means or otherwise, by the individual, by the individual's spouse or child, by the individual's parent if the individual is under age 18, or by a combination of 2 or more of them, and such ownership interest of a parent corporation, limited liability company, or other business association of which the corporation, limited liability company, or other business association unable to pay such amounts is a wholly owned subsidiary. The personal liability of such officer, employee, member, manager, partner, or other responsible person as provided in this subsection survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the corporation, limited liability company, or other business association and shall be set forth in a determination or decision issued under
s. 108.10.
108.22 Cross-reference
Cross-reference: See also chs.
DWD 110 and
111, Wis. adm. code.
108.22 Annotation
Unemployment compensation warrants may be docketed by a clerk of circuit court prior to issuance of the warrants to the sheriff for levy purposes. 61 Atty. Gen. 148.
108.22 Annotation
The department has discretion whether to seek recovery of overpayments due to the department's error. 67 Atty. Gen. 228.
108.221
108.221
Misclassification; administrative assessments. 108.221(1)(a)(a) Any employer described in
s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall, for each incident, be assessed a penalty by the department in the amount of $500 for each employee who is misclassified, but not to exceed $7,500 per incident.
108.221(1)(b)
(b) The department shall consider the following nonexclusive factors in determining whether an employer described under
par. (a) knowingly and intentionally provided false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee:
108.221(1)(b)1.
1. Whether the employer was previously found to have misclassified an employee in the same or a substantially similar position.
108.221(1)(b)2.
2. Whether the employer was the subject of litigation or a governmental investigation relating to worker misclassification and the employer, as a result of that litigation or investigation, received an opinion or decision from a federal or state court or agency that the subject position or a substantially similar position should be classified as an employee.
108.221(2)
(2) Any employer described in
s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, through coercion, requires an individual to adopt the status of a nonemployee shall be assessed a penalty by the department in the amount of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.
108.221(3)
(3) Assessments under
subs. (1) and
(2) shall be deposited in the unemployment program integrity fund.
108.221 History
History: 2015 a. 334.
108.223
108.223
Financial record matching program. 108.223(1)(a)
(a) “Account" means a demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, or money market mutual fund account.
108.223(1)(br)
(br) “Debtor" means a debtor, as defined in
s. 108.225 (1) (c), whose debt has been finally determined under this chapter and is not subject to further appeal and for whom, with respect to a debt, a warrant has been issued under
s. 108.22 (2),
(3) or
(8).
108.223(2)(a)(a) The department shall operate a financial record matching program under this section for the purpose of identifying the assets of debtors.
108.223(2)(b)
(b) The department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this section. An agreement shall require the financial institution to participate in the financial record matching program by electing either the financial institution matching option under
sub. (3) or the state matching option under
sub. (4). The financial institution and the department may by mutual agreement make changes to the agreement. A financial institution that wishes to choose a different matching option shall provide the department with at least 60 days notice. The department shall furnish the financial institution with a signed copy of the agreement.
108.223(2)(c)
(c) The department shall reimburse a financial institution up to $125 per calendar quarter for participating in the financial record matching program under this section. The department shall make reimbursements under this paragraph from the appropriation under
s. 20.445 (1) (n).
108.223(2)(d)
(d) To the extent feasible, the information to be exchanged under the matching program shall be provided by electronic data exchange as prescribed by the department in the agreement under
par. (b).
108.223(3)
(3) Financial institution matching option. If a financial institution with which the department has an agreement under
sub. (2) elects the financial institution matching option under this subsection, all of the following apply:
108.223(3)(a)
(a) At least once each calendar quarter, the department shall provide to the financial institution, in the manner specified in the agreement under
sub. (2) (b), information regarding debtors. The information shall include names and social security or other taxpayer identification numbers.
108.223(3)(b)
(b) Based on the information received under
par. (a), the financial institution shall take actions necessary to determine whether any debtor has an ownership interest in an account maintained at the financial institution. If the financial institution determines that a debtor has an ownership interest in an account at the financial institution, the financial institution shall provide the department with a notice containing the debtor's name, address of record, social security number or other taxpayer identification number, and account information. The account information shall include the account number, the account type, the nature of the ownership interest in the account, and the balance of the account at the time that the record match is made. The notice under this paragraph shall be provided in the manner specified in the agreement under
sub. (2) (b) and, to the extent feasible, by an electronic data exchange.
108.223(4)
(4) State matching option. If a financial institution with which the department has an agreement under
sub. (2) elects the state matching option under this subsection, all of the following apply:
108.223(4)(a)
(a) At least once each calendar quarter, the financial institution shall provide the department with information concerning all accounts maintained at the financial institution. For each account maintained at the financial institution, the financial institution shall notify the department of the name and social security number or other tax identification number of each person having an ownership interest in the account, together with a description of each person's interest. The information required under this paragraph shall be provided in the manner specified in the agreement under
sub. (2) (b) and, to the extent feasible, by an electronic data exchange.
108.223(4)(b)
(b) The department shall take actions necessary to determine whether any debtor has an ownership interest in an account maintained at the financial institution providing information under
par. (a). Upon the request of the department, the financial institution shall provide to the department, for each debtor who matches information provided by the financial institution under
par. (a), the address of record, the account number and account type, and the balance of the account.
108.223(5)
(5) Use of information by financial institution; penalty. A financial institution participating in the financial record matching program under this section, and the employees, agents, officers, and directors of the financial institution, may use information received from the department under
sub. (3) only for the purpose of matching records and may use information provided by the department in requesting additional information under
sub. (4) only for the purpose of providing the additional information. Neither the financial institution nor any employee, agent, officer, or director of the financial institution may disclose or retain information received from the department concerning debtors. Any person who violates this subsection may be fined not less than $50 nor more than $1,000 or imprisoned in the county jail for not less than 10 days or more than one year or both.
108.223(6)
(6) Use of information by department. The department may use information provided by a financial institution under this section only for matching records under
sub. (4), for administering the financial record matching program under this section, and for pursuing the collection of amounts owed to the department by debtors. The department may not disclose or retain information received from a financial institution under this section concerning account holders who are not debtors.
108.223(7)
(7) Financial institution liability. A financial institution is not liable to any person for disclosing information to the department in accordance with an agreement under this section or for any other action that the financial institution takes in good faith to comply with this section.
108.223 History
History: 2013 a. 36.
108.225
108.225
Levy for delinquent contributions or benefit overpayments. 108.225(1)(a)
(a) “Contribution" includes a reimbursement or assessment under
s. 108.15,
108.151,
108.152, or
108.155, interest for a nontimely payment, fees, and any payment due for a forfeiture imposed upon an employing unit under
s. 108.04 (11) (c) or other penalty assessed by the department under this chapter.
108.225(1)(b)
(b) “Debt" means a delinquent contribution or repayment of a benefit overpayment, a delinquent assessment under
s. 108.04 (11) (cm) or
108.19 (1m), a liability incurred under
s. 108.04 (11) (bh), an erroneous payment from the fund recovered under
s. 108.245, or any liability of a 3rd party for failure to surrender to the department property or rights to property subject to levy after proceedings under
sub. (4) (b) and
s. 108.10 to determine that liability.
108.225(1)(c)
(c) “Debtor" means a person who owes the department a debt.
108.225(1)(d)
(d) “Disposable earnings" means that part of the earnings of any individual after the deduction from those earnings of any amounts required by law to be withheld, any life, health, dental or similar type of insurance premiums, union dues, any amount necessary to comply with a court order to contribute to the support of minor children, and any levy, wage assignment or garnishment executed prior to the date of a levy under this section.
108.225(1)(f)
(f) “Levy" means all powers of distraint and seizure.
108.225(1)(g)
(g) “Property" includes all tangible and intangible personal property and rights to such property, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, periodic payments received pursuant to a pension or retirement program, rents, proceeds of insurance and contract payments.
108.225(2)
(2) Powers of levy and distraint. If any debtor who is liable for any debt neglects or refuses to pay that debt after the department has made demand for payment, the department may collect that debt and the expenses of the levy by levy upon any property belonging to the debtor. Whenever the value of any property that has been levied upon under this section is not sufficient to satisfy the claim of the department, the department may levy upon any additional property of the debtor until the debt and expenses of the levy are fully paid.
108.225(3)
(3) Duties to surrender. Any person in possession of or obligated with respect to property or rights to property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the property or rights or discharge the obligation to the department, except that part of the property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.
108.225(4)
(4) Failure to surrender; enforcement of levy. 108.225(4)(a)(a) Any debtor who fails or refuses to surrender any property or rights to property that is subject to levy, upon demand by the department, is subject to proceedings to enforce the amount of the levy.
108.225(4)(b)
(b) Any 3rd party who fails to surrender any property or rights to property subject to levy, upon demand of the department, is subject to proceedings to enforce the levy. The 3rd party is not liable to the department under this paragraph for more than 25 percent of the debt. The department shall serve a final demand as provided under
sub. (13) on any 3rd party who fails to surrender property. Proceedings shall not be initiated by the department until 5 days after service of the final demand. The department shall issue a determination under
s. 108.10 to the 3rd party for the amount of the liability.
108.225(4)(c)
(c) When a 3rd party surrenders the property or rights to the property on demand of the department or discharges the obligation to the department for which the levy is made, the 3rd party is discharged from any obligation or liability to the debtor with respect to the property or rights to the property arising from the surrender or payment to the department.
108.225(5)(a)(a) If the department has levied upon property, any person, other than the debtor who is liable to pay the debt out of which the levy arose, who claims an interest in or lien on that property and claims that that property was wrongfully levied upon may bring a civil action against the state in the circuit court for Dane County. That action may be brought whether or not that property has been surrendered to the department. The court may grant only the relief under
par. (b). No other action to question the validity of or restrain or enjoin a levy by the department may be maintained.
108.225(5)(b)
(b) In an action under
par. (a), if a levy would irreparably injure rights to property, the court may enjoin the enforcement of that levy. If the court determines that the property has been wrongfully levied upon, it may grant a judgment for the amount of money obtained by levy.
108.225(5)(c)
(c) For purposes of an adjudication under this subsection, the determination of the debt upon which the interest or lien of the department is based is conclusively presumed to be valid.
108.225(6)
(6) Determination of expenses. The department shall determine its costs and expenses to be paid in all cases of levy.
