DCF 101.05 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (10), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-050: am. (1) Register January 2003 No. 565, eff. 2-1-03; corrections in (10) and (13) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (8) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673; correction in (8) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674.
DCF 101.055 DCF 101.055Grievance procedure for complaints of employment displacement.
DCF 101.055(1)(1)Agency designee. Each W-2 agency shall designate staff responsible for receiving, investigating, and resolving complaints of violations of s. DCF 101.05 (9) or shall maintain an agreement with a department grantee or contractor in the same locality to receive, investigate, and resolve such complaints.
DCF 101.055(2) (2) Notice. 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 under this section and provide information about how to obtain further information on the grievance procedure.
DCF 101.055(3) (3) Filing a complaint.
DCF 101.055(3)(a)(a) 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 s. DCF 101.05 (9).
DCF 101.055(3)(b) (b) The complaint shall be filed within one year from the date of the alleged violation.
DCF 101.055(4) (4) Investigation and informal resolution. Upon receipt of a complaint alleging a violation of s. DCF 101.05 (9), 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.
DCF 101.055(5) (5) Hearing.
DCF 101.055(5)(a)(a) If an informal resolution under sub. (4) 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.
DCF 101.055(5)(b) (b) 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.
DCF 101.055(6) (6) Department review. 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 family and economic security or a designee. The department's final decision shall be issued within 30 calendar days from the date the request for departmental review was filed.
DCF 101.055 Note Note: A request for departmental review may be filed with the Division of Family and Economic Security Administrator, Department of Children and Families, P.O. Box 8916, Madison, WI 53708-8916.
DCF 101.055(7) (7) Remedies. A W-2 employer or work training provider who is found to have violated any of the nondisplacement provisions in s. DCF 101.05 (9) may be subject to the following penalties:
DCF 101.055(7)(a) (a) Termination of existing W-2 or other work training agreements with the department or its contractors.
DCF 101.055(7)(b) (b) Termination of grants from the department or its contractors and disqualification for future grants.
DCF 101.055(7)(c) (c) Disqualification for future work training agreements with the department or its contractors.
DCF 101.055(8) (8) Nonretaliation. 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 under this section.
DCF 101.055 History History: CR 04-082: cr. Register November 2004 No. 587, eff. 12-1-04; corrections in (1), (3) (a), (4), (6) and (7) (intro.) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.
DCF 101.06 DCF 101.06Application for Wisconsin works.
DCF 101.06(1)(1)Right to apply. Any individual may apply for Wisconsin works. Application for Wisconsin works shall be made on a form prescribed by the department and available from a Wisconsin works agency.
DCF 101.06(2) (2) Where application is made. Application shall be made in the geographical area specified by the department under s. 49.143 (6), Stats., in which the individual lives.
DCF 101.06(3) (3) Signing the application. Each application form shall be signed by the applicant or the applicant's responsible relative, legal guardian or authorized representative; or, where the applicant is incompetent or incapacitated, someone acting responsibly for the applicant. The application shall be re-signed in the presence of any agency representative in accordance with s. 49.84, Stats. Two witnesses' signatures shall be required when the application is signed with a mark.
DCF 101.06(4) (4) Decision date.
DCF 101.06(4)(a)(a) As soon as possible, but no later than 5 working days after the date the agency receives a signed application, completed to the best of the applicant's ability, the W-2 agency shall schedule and hold a personal interview with the applicant.
DCF 101.06(4)(b) (b) The W-2 agency shall give the applicant 7 working days to provide requested verification.
DCF 101.06(4)(c) (c) Following the interview and after verifying eligibility information, the W-2 agency shall with reasonable promptness make a decision as to the appropriate placement in a W-2 employment position.
DCF 101.06(5) (5) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.
DCF 101.06 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.07 DCF 101.07Access to information.
DCF 101.07(1)(1)Individuals inquiring about or applying for W-2 shall be given the following information by the W-2 agency in written form, and orally as appropriate: coverage, conditions of eligibility, scope of the program and related services available, and participants' rights and responsibilities. Bulletins or pamphlets developed for this purpose shall be available at the W-2 agency.
DCF 101.07(2) (2)Individuals may examine program manuals and policy issuances which affect the public, including rules and regulations governing eligibility, participants' rights and responsibility and services offered. These documents may be examined at W-2 agency offices or the department's state or regional offices on regular work days during regular office hours.
DCF 101.07(3) (3)An individual or the individual's authorized representative may review the individual's entire case record to verify that the content accurately reflects statements and documentation of facts. The W-2 agency may not withhold any part of the record during preparation for a review of a W-2 agency decision under s. 49.152, Stats. When the request is not related to preparation for review of a W-2 agency decision under s. 49.152, Stats., the W-2 agency is not required to show the individual or the individual's authorized representative the entire record unless the reason for reviewing the record requires the full record.
DCF 101.07 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.08 DCF 101.08Request for information.
DCF 101.08(1)(1)A Wisconsin works agency may request from any person any information that it determines appropriate and necessary for the administration of Wisconsin works. Any person in this state shall provide this information within 7 days after receiving a request under this subsection. The Wisconsin works agency may extend the 7-day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency. The Wisconsin works agency may disclose information obtained under this subsection only in the administration of Wisconsin works.
DCF 101.08(2) (2)The Wisconsin works agency shall keep all information that it receives regarding victims of domestic abuse strictly confidential, except to the extent needed to administer Wisconsin works.
DCF 101.08 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.09 DCF 101.09Eligibility for Wisconsin works.
DCF 101.09(1)(1)General eligibility. In order to be eligible for Wisconsin works employment positions and job access loans for any month, an individual shall meet the eligibility requirements under subs. (2) and (3).
DCF 101.09(2) (2) Nonfinancial eligibility requirements. An individual is eligible for a Wisconsin works employment position and a job access loan in a month only if all of the following nonfinancial eligibility requirements are met:
DCF 101.09(2)(a) (a) The individual is a custodial parent.
DCF 101.09(2)(b) (b) The individual has attained the age of 18.
DCF 101.09(2)(c) (c) The individual is a United States citizen, national of the United States, or qualified alien. An individual is a qualified alien if he or she is any of the following:
DCF 101.09(2)(c)1. 1. An alien lawfully admitted to the United States for permanent residence under the immigration and nationality act, 8 USC 1101 et seq.
DCF 101.09(2)(c)2. 2. An alien who is granted asylum under section 208 of the immigration and nationality act, 8 USC 1158.
DCF 101.09(2)(c)3. 3. A refugee who is admitted to the United States under section 207 of the immigration and nationality act, 8 USC 1157.
DCF 101.09(2)(c)4. 4. An alien who has been certified as a victim of trafficking under 22 USC 7105(b)(1)(E).
DCF 101.09(2)(c)5. 5. An alien who is paroled into the United States under section 212(d)(5) of the immigration and nationality act, 8 USC 1182(d)(5), for a period of at least one year.
DCF 101.09(2)(c)6. 6. An alien whose deportation is being withheld under section 243(h) of the immigration and nationality act, 8 USC 1253 as in effect March 31, 1997, or section 241(b)(3) of the act, 8 USC 1231(b)(3).
DCF 101.09(2)(c)7. 7. An alien who is granted status as a Cuban and Haitian entrant, as defined in section 501(e) of the refugee education assistance act of 1980, 8 USC 1522(note).
DCF 101.09(2)(c)8. 8. An American Indian born in Canada who is at least 50% American Indian by blood.
DCF 101.09(2)(c)9. 9. An American Indian born outside of the United States who is a member of a federally-recognized Indian tribe.
DCF 101.09(2)(c)10. 10. An alien who has been battered or whose child has been battered, who is no longer residing in the same household with the batterer, and who meets the requirements of 8 USC 1641(c).
DCF 101.09(2)(c)11. 11. An alien who is granted conditional entry pursuant to section 203(a)(7) of the immigration and nationality act, 8 USC 1153(a)(7), as in effect prior to April 1, 1980.
DCF 101.09(2)(c)12. 12. An alien who is admitted to the United States as an Amerasian immigrant, as described in section 584 of the foreign operations, export financing, and related programs appropriations act of 1988, 8 USC 1101(note).
DCF 101.09(2)(c)13. 13. An alien who is lawfully residing in the United States and is one of the following:
DCF 101.09(2)(c)13.a. a. An armed forces veteran who received an honorable discharge that was not on account of alienage and who completed either 24 months of continuous active duty or the full period for which the individual was called, unless the individual received a hardship discharge under 10 USC 1173, early discharge under 10 USC 1171, or a discharge due to a disability incurred or aggravated in the line of duty.
DCF 101.09(2)(c)13.b. b. On active duty in the armed forces of the United States, other than active duty for training.
DCF 101.09(2)(c)13.c. c. The spouse of an individual described in subd. 13. a. or b., or the unremarried surviving spouse of an individual described in subd. 13. a. or b. if the marriage was for one year or more or the individuals had a child in common.
DCF 101.09(2)(c)14. 14. An alien who is lawfully residing in the United States and authorized to work by the immigration and naturalization service.
DCF 101.09(2)(d) (d) The individual has residence in this state.
DCF 101.09(2)(e)1.1. Subject to subd. 2. and ch. DCF 102, every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible unless the W-2 agency determines that the parent has good cause for failing to cooperate pursuant to ch. DCF 102.
DCF 101.09(2)(e)2. 2. An individual who is a member of a Wisconsin works group that fails 3 times without good cause to meet the requirements in ch. DCF 102 remains ineligible until all the members of the Wisconsin works group cooperate or for a period of 6 months, whichever is later.
DCF 101.09(2)(f) (f) The individual furnishes the Wisconsin works agency with any relevant information that the Wisconsin works agency determines is necessary under s. DCF 101.08 within 7 working days after receiving a request for the information from the Wisconsin works agency. The Wisconsin works agency may extend the 7 working day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency.
DCF 101.09(2)(g) (g) The individual has made a good faith effort, as determined by the Wisconsin works agency on a case-by-case basis, to obtain unsubsidized employment and has not refused any bona fide offer of employment within the 180 days immediately preceding application for a W-2 employment position.
DCF 101.09(2)(h) (h) If the individual has applied for Wisconsin works within the 180 days immediately preceding the current application, the individual has cooperated with the efforts of a Wisconsin works agency to assist the individual in obtaining unsubsidized employment.
DCF 101.09(2)(i) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, Stats.
DCF 101.09(2)(j) (j) The individual is not receiving social security disability insurance under 42 USC 401 to 433.
DCF 101.09(2)(k) (k) On the last day of the month, the individual is not participating in a strike.
DCF 101.09(2)(L) (L) The individual applies for or provides a social security account number.
DCF 101.09(2)(m) (m) The individual reports any change in circumstances that may affect his or her eligibility to the Wisconsin works agency within 10 days after the change.
DCF 101.09(2)(n) (n) The individual, or any other adult member of the individual's Wisconsin works group, has not exceeded the lifetime limit on program participation or receipt of benefits under s. DCF 101.095.
DCF 101.09(2)(o) (o) No other individual in the W-2 group is a participant in a W-2 employment position. This paragraph does not apply to an individual applying for a job access loan.
DCF 101.09(2)(p) (p) The individual cooperates in providing information needed to verify enrollment information or good cause for the Learnfare program under s. 49.26, Stats., and s. DCF 101.25.
DCF 101.09(2)(q) (q) The individual cooperates in the requirement to search for unsubsidized employment throughout his or her participation in a W-2 employment position.
DCF 101.09(2)(r) (r) The individual cooperates in applying for other public assistance programs or resources that the FEP believes may be available to the individual.
DCF 101.09(2)(s) (s) The individual cooperates with providing eligibility information under this chapter for other members of the W-2 group.
DCF 101.09(3) (3) Financial eligibility requirements. An individual is eligible for a W-2 employment position and a job access loan only if all of the following financial eligibility requirements are met:
DCF 101.09(3)(a) (a) Resource limitations. The individual is a member of a W-2 group whose assets do not exceed $2,500 in combined equity value. In determining the combined equity value of assets, the W-2 agency shall exclude the equity value of vehicles up to a total equity value of $10,000, and one home that serves as the homestead for the W-2 group. When an individual is a sponsored alien pursuant to 8 USC 1183a, the sponsor's resources shall be attributed to the sponsored alien as provided under 8 USC 1631. In this paragraph, “equity value of vehicles" means the wholesale value as given in a standard guide on motor vehicle values or the value as estimated by a sales representative at a local car dealership minus any encumbrances which are legally debts.
DCF 101.09(3)(b) (b) Income limitations.
DCF 101.09(3)(b)1.1. The individual is a member of a W-2 group whose gross income is at or below 115% of the poverty line. In this subdivision, “gross income" does not include any payments or benefits made under any federal law that specifically exempts such payments or benefits from being considered in determining eligibility for any federal means-tested program.
DCF 101.09(3)(b)2. 2. Except as provided in subd. 1., in calculating gross income, the W-2 agency shall include all of the following:
DCF 101.09(3)(b)2.a. a. All earned and unearned income of the individual except any federal earned income credit received under section 32 of the Internal Revenue Code as defined in s. 71.01 (6), Stats., any state earned income credit received under s. 71.07 (9e), Stats., any federal earned income credit payment made by an employer under section 3507 of the internal revenue code, any student financial aid received under any federal or state program, any scholarship used for tuition and books, and any W–2 employment position wages or benefits under s. 49.148, Stats. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.
DCF 101.09 Note Note: Section 3507 of the Internal Revenue Code has been repealed, so advance payments of an individual's federal earned income tax credit are no longer available.
DCF 101.09(3)(b)2.c. c. The income of a nonmarital coparent or of the individual's spouse, if the spouse resides in the same home as the dependent child.
DCF 101.09(3)(b)2.d. d. When the individual is a sponsored alien pursuant to 8 USC 1183a, the income of the sponsor and his or her spouse as provided under 8 USC 1631.
DCF 101.09 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; r. and recr. (2) (d), am. (2) (n) (intro.) and (3) (b) 2. a., r. (3) (b) 2. b., Register, January, 2001, No. 541, eff. 2-1-01; CR 02-050: r. and recr. (2) (c) and (e) 1., am. (2) (e) 2., (n) (intro.), and (3) (b) 2. a. Register January 2003 No. 565, eff. 2-1-03; corrections in (2) (e), (f), (n) (intro.) and (p) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 18-016: r. and recr. (2) (n) Register October 2021 No. 790, eff. 11-1-21.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.