DWD 801.06(2)(a)(a) Reject any application which fails to meet the content specifications under s. DWD 801.05 (4). Rejection of an application for failure to meet the content specifications under s. DWD 801.05 (4) is not subject to administrative review. DWD 801.06(2)(b)(b) Negotiate the amount of an award, authorized budget items, and programmatic goals and objectives before awarding a grant to an applicant. DWD 801.06(2)(c)(c) Consider additional factors, including underserved populations, strategic priorities, past performance, underserved geographic areas, potential to replicate the project, cost per trainee, and available funding. DWD 801.06(3)(3) Notification. The department shall notify each applicant, in writing, within 60 days of the deadline stated in the GPA for submitting a grant application, of either of the following: DWD 801.06(3)(b)(b) The current status of the application and the date by which the department anticipates issuing a decision on the application. DWD 801.06(4)(4) Administrative review. Except as provided in s. DWD 801.05 (5) (a) and sub. (2) (a), an applicant for a grant described in a GPA may request an administrative review of an adverse decision of the department regarding the application. The request shall be in writing. The request shall be received by the department within 10 working days of the date of the department’s notice to the applicant advising the applicant of the adverse decision. DWD 801.06(5)(a)(a) The department shall make each grant award through a contract between the department and the applicant selected to receive the grant. DWD 801.06(5)(b)(b) The contract shall provide for the retainage of a percentage of the grant funds, in accordance with a standard established by the GPA, to be paid upon compliance with the conditions of the grant. DWD 801.06(6)(a)(a) The department shall decide the amount of funds available for grants from the expected appropriation under s. 20.445 (1) (b), Stats., and shall announce the availability of funds in one or more GPAs. DWD 801.06(6)(b)(b) All funding decisions shall be contingent upon availability of funds under s. 20.445 (1) (b), Stats. Any changes in the amount of funds available which were unforeseen at the time of the department’s release of a GPA shall be accommodated by the department, as appropriate, by means of reduction, elimination, or increase in existing awards, by awarding of funds to applicants previously denied due to insufficient funds, or by release of a new GPA. DWD 801.06(6)(c)(c) Any funds that become available due to a denial of an award to a selected applicant as a result of failure of the selected applicant to sign the required contract, or as a result of termination of a project by the department or the applicant, shall be reallocated by the department at its discretion but within the limits of the intent of the appropriation and this chapter. DWD 801.06 HistoryHistory: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: am. (2), renum. (3) to (3) (intro.) and am., cr. (3) (a), (b), am. (4), (6) (c) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (2), renum. (3) to (3) (intro.) and am., cr. (3) (a), (b), am. (4), (6) (c) Register June 2023 No. 810, eff. 7-1-23. DWD 801.07(1)(1) Prohibited use of funds. Grant funds shall be used only for the payment or reimbursement of expenses which are allowable under s. DWD 801.09, reasonable, necessary, and properly assignable to the purposes of an approved grant. Any other use of grant funds is prohibited. DWD 801.07(2)(2) Violation of prohibited activities. If a grantee uses grant funds for prohibited activities under sub. (1), the department may terminate the grant and recover funds previously paid to the grantee under the grant. DWD 801.07(4)(4) Ownership of curriculum. Curriculum developed for a project using grant funds is owned by the department. Subject to any conditions established by the grant, any of the following may make future use of the curriculum: DWD 801.07 HistoryHistory: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: am. (1), (2), r. (3) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (1), (2), r. (3), cr. (4) Register June 2023 No. 810, eff. 7-1-23. DWD 801.08DWD 801.08 Match requirement. Match contributions determined by the department under s. 106.27 (1) (intro.), Stats., are subject to all of the following criteria: DWD 801.08(1)(1) The match contributions shall be from private funds or from public funds specifically authorized by federal or state law to satisfy the matching requirements. DWD 801.08(2)(2) The match contributions may not be used to satisfy any other state or federal matching requirements. DWD 801.08(3)(3) The match contributions shall be made during the required matching period identified in the GPA and the grant. DWD 801.08(5)(5) Trainee wages, stipends, and fringe benefits may be considered as match contributions. DWD 801.08(6)(6) In-kind contributions may be accepted as part of the match contribution if the grantee provides the basis for valuing the contribution. DWD 801.08(7)(7) The GPA or the grant may identify additional match conditions based on the specific nature of the proposal or grant. DWD 801.08 HistoryHistory: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: am. (intro.), (1) to (3), r. (4), am. (5) to (7) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (intro.), (1) to (3), r. (4), am. (5) to (7) Register June 2023 No. 810, eff. 7-1-23. DWD 801.09(1)(1) Allowable uses. A grantee may use grant funds received under this chapter for any of the following: DWD 801.09(1)(a)(a) Developing or implementing curriculum for projects that are designed to do any of the following: DWD 801.09(1)(a)1.1. Increase the skills of unemployed workers to meet the needs of one or more employers. DWD 801.09(1)(a)2.2. Increase the skills of underemployed workers to a level which would qualify the workers for employment at the current employer or a new employer with higher wages, more hours, or increased functionality. DWD 801.09(1)(a)3.3. Increase the skills of incumbent employees to a level which would qualify the employees for employment at the current employer with higher wages, more hours, or increased functionality. DWD 801.09(1)(b)(b) Developing or implementing a special project that generates creative problem-solving skills, creates a competitive work culture and environment, inspires underachieving workers, increases the productivity of an organization, or facilitates and encourages the development of individual employees. DWD 801.09(1)(c)(c) Renting capital equipment as specified and approved in the grant. DWD 801.09(2)(2) Unallowable uses. A grantee may not use grant funds received under this chapter for any of the following: DWD 801.09(2)(d)(d) Support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government. DWD 801.09(3)(3) Limit on administrative costs. The department may limit the amount of grant funding that a grantee may spend on administrative costs to no more than 10% of the total project costs reimbursed by the department under the grant. DWD 801.09 HistoryHistory: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: am. (1) (intro.), (a) (intro.), (b), (c), cr. (1) (d), am. (2) (intro.), cr. (2) (g), (h), am. (3), r. (4) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (1) (intro.), (a) (intro.), (b), (c), cr. (1) (d), am. (2) (intro.), cr. (2) (g), (h), am. (3), r. (4) Register June 2023 No. 810, eff. 7-1-23. DWD 801.10(1m)(1m) Subject to subs. (3) and (4), the amount of a grant shall be based on the following: DWD 801.10(1m)(a)(a) The amount requested by the applicant and approved by the department. DWD 801.10(3)(3) No grant may be awarded for an amount of less than $5000. DWD 801.10(4)(4) No grantee may receive more than $400,000 in any combination of grants during a calendar year. This subsection does not apply to a grantee serving as an applicant for a consortium of placement partners under s. DWD 801.05 (1) (c). DWD 801.10 HistoryHistory: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: renum. (intro.), (1), (2) to (1m) (intro.), (a), (b) and, as renumbered, am. (1m) (intro.), (b), am. (4) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): renum. (intro.), (1), (2) to (1m) (intro.), (a), (b) and, as renumbered, am. (1m) (intro.), (b), am. (4) Register June 2023 No. 810, eff. 7-1-23. DWD 801.11(1)(1) A grantee shall submit to the department data and information on the use and effect of the grant funds as specified in this section and in any grant guidelines issued under s. DWD 801.05 (3) (d). The grantee shall authorize the department to audit and inspect its records and to use business data for administrative purposes. DWD 801.11(2)(2) A grantee shall submit quarterly Bureau of Labor Statistics multiple worksite survey forms. DWD 801.11(3)(3) As specified in a grant, a grantee shall report all of the following: DWD 801.11(3)(b)(b) The actual employer worksite location of each trainee after the completion of the training. DWD 801.11(3)(c)(c) The number of trainees initially enrolled in the project, identified by social security number and status at the time of enrollment as an unemployed worker, an underemployed worker, or an incumbent employee. DWD 801.11(3)(d)(d) For each trainee who is employed at the time of enrollment, whether the trainee is an employee of one of the placement partners and the hourly wage of the trainee. DWD 801.11(3)(e)(e) For each trainee who is an unemployed worker at the time of enrollment, whether the trainee has obtained employment during the training, or within a specified time period after successful completion of the training, whether the employment obtained is with one of the placement partners, and the hourly wages of the newly employed worker. DWD 801.11(3)(f)(f) The number of trainees, identified by social security number, that successfully complete the training, and the status of the trainees at the completion of the project as an unemployed worker, underemployed worker, or incumbent employee. DWD 801.11(3)(g)(g) For each trainee who was an underemployed worker at the time of enrollment, whether the trainee has obtained new employment, whether any new employment is with a placement partner, and whether the new employment has provided an increased wage or increased hours of work. DWD 801.11(3)(h)(h) Such other information as may be required by the department. DWD 801.11 HistoryHistory: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; correction in (3) (c) made under s. 35.17, Stats., Register April 2014 No. 700; CR 22-056: am. (1), (2), (3) (intro.), (a), (c) to (g) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (1), (2), (3) (intro.), (a), (c) to (g) Register June 2023 No. 810, eff. 7-1-23. DWD 801.12DWD 801.12 Assurances and certifications. Each grantee shall assure and certify that the grantee and its contractors are in compliance with all of the following: DWD 801.12(1)(1) Authority to sign and accept funds. The grantee shall certify that the designated signatory official has the authority to sign on behalf of the grantee and has the authority to accept funds. DWD 801.12(2)(2) Compliance statement. The grantee shall provide a statement that it is in compliance with applicable state and federal laws, rules, and regulations, including tax laws, the unemployment insurance and worker’s compensation laws, the requirements of this chapter, and the GPA. DWD 801.12(3)(3) Nondiscrimination and equal opportunity. In accordance with s. 16.765, Stats., the grantee may not discriminate in violation of state or federal law and shall follow equal employment opportunity practices in the administration and delivery of project services and benefits to eligible applicants and participants. DWD 801.12(4)(4) Adequate and documented systems. The grantee shall have adequate and documented administrative, personnel, financial, and project management systems, including the policies, procedures, and controls necessary to ensure effective and efficient use of funds and reporting of how funds are used for the delivery of projects. DWD 801.12 HistoryHistory: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; correction in (intro.) made under s. 35.17, Stats., Register April 2014 No. 700; CR 22-056: am. (intro.), (3), (4) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (intro.), (3), (4) Register June 2023 No. 810, eff. 7-1-23. DWD 801.13(1)(1) Grant records. A grantee shall maintain grant records and provide access to the records when requested by the department. DWD 801.13(2)(2) Retention. A grantee shall retain grant records for at least three years after the conclusion of the grant. DWD 801.13(3)(3) Invoices. A grantee shall submit invoices for reimbursement in accordance with procedures established by the department. DWD 801.13(4)(4) Monitoring and audits. A grantee shall cooperate with any monitoring and auditing activities of the department related to the grant activities or grant expenditures, including providing the department with any requested records or information and, at the request of the department, appearing before the department to respond to any questions about the grant activities or grant expenditures. DWD 801.13 HistoryHistory: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: am. (1) to (3), cr. (4) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (1) to (3), cr. (4) Register June 2023 No. 810, eff. 7-1-23
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administrativecode
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Department of Workforce Development (DWD)
Chs. DWD 801-810; Employment and Training
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