Other available assistance.
The department may not provide a grant payment under this section if other assistance is available to meet the veteran's needs.
VA 2.03(3)(a)(a) Required information.
A grant application, including required exhibits and supplements, shall contain information that is necessary to satisfy the department that the applicant has a qualifying need for the grant, has a period of qualifying prior employment, is enrolled in a qualifying course of instruction or is engaged in a structured on-the-job training program which meets the requirements of s. VA 2.03 (5)
which will lead to gainful employment and has become unemployed, underemployed or received a notice of termination of employment within the year prior to the date the application is received by the department or has received a retraining grant within 13 months prior to the date the department receives an application for a second grant. Required exhibits and supplements shall include a statement written by the applicant explaining the circumstances leading to the need for retraining and an explanation as to why the applicant feels that the desired retraining will lead to gainful employment.
Procedure for a school-based course.
Applications shall be initiated in the office of a county veterans service officer and completed and submitted by the FAO or other appropriate official representing the school attended by the applicant. The applications shall include verification that the applicant has received counseling from an assessment counselor and the counselor approves of the retraining to be taken.
Procedure for structured on-the-job training program.
Applications shall be initiated, completed and submitted by the office of a county veterans service officer. Each application shall contain a certification by the employer that the requirements of sub. (5)
are met. The department shall evaluate the program and determine whether the requirements of s. VA 2.03 (5)
(4) Coordination with other occupational training programs.
The department shall stay in regular contact with and shall promote cooperation with the United States department of labor, the United States department of veterans affairs, the department of workforce development, and any other occupational training program administrator as appropriate. The department may exchange program literature with the agencies and encourage county veterans service officers to provide information about other programs to veterans who participate in or inquire about the retraining grant program.
(5) On-the-job training programs.
All of the following requirements shall be met for approval of a grant for engagement in a structured on-the-job training program:
The employer is planning, upon completion of the veteran's training program, to employ the veteran for the position for which the veteran has been trained and the employer reasonably expects that such a position will be available to the veteran on a stable and permanent basis at the end of the training period.
The training program is not for employment which consists of seasonal, intermittent or temporary jobs.
The training content of the program is adequate to accomplish the training objective of the program taking into account the occupation for which training is to be provided and the content of comparable, available training opportunities which lead to the occupation.
The wages and benefits to be paid to the veteran participating in the training program will not be less than the wages and benefits normally paid to other employees participating in a comparable training program.
The employment of a veteran under the program will not result in the full or partial displacement of currently employed workers.
The employment of a veteran under this program will not be in a job while any other individual is on layoff from the same or substantially equivalent job or the opening for which was created as a result of having terminated the employment of any regular employee or otherwise having reduced the work force with the intention of hiring a veteran under this program.
The employer will not employ in this program a veteran who is already qualified by training or experience for the job for which training is to be provided.
The employer will consider the veteran's prior training in the field for which he or she is being trained and will shorten his or her training program appropriately.
Each participating veteran will be employed full time in the program of job training.
The training period under the proposed program is not longer or shorter than the training period that employers in the community customarily require new employees to complete in order to become competent in the occupation for which training is to be provided.
There are in the training establishment or place of employment such space, equipment, instructional material, and instructor personnel as needed to accomplish the training objective.
The employer will keep records adequate to show the progress made by each veteran participating in the program and otherwise to demonstrate compliance with the requirements of the program for at least 3 years. The employer will make these records and accounts available for examination by the department as may be required.
VA 2.03 History
Cr. Register, January, 1990, No. 409
, eff. 2-1-90; am. (1) (d), (2) (e) and (3) (a), Register, June 1992, No. 438
, eff. 7-1-92; r. (1) (f), am. (2) (b) (3) (a), cr. (2) (f), (4), Register, August, 1993, No. 452
, eff. 9-1-93; cr. (1) (f), am. (2) (f) and (3) (a), Register, January, 1996, No. 481
, eff. 2-1-96; am. (1) (e), (2) (b), (d), (3) (a) and (b), r. (2) (a) and (c), cr. (2) (g), (h), (3) (c), and (5), Register, July, 1998, No. 511
, eff. 8-1-98; CR 05-091
: am. (2) (g), cr. (2) (i) to (k) Register January 2006 No. 601
, eff. 2-1-06; corrections in (4) made under s. 13.92 (4) (b) 6.
, Stats., Register October 2009 No. 646
; 2013; Wis. Act 189: am. (1) (b) to (d), (g), (h), (2) (b) Register April 2013 No. 700
, eff. 5-1-14.
VA 2.04 Standard student budgets.
Standard single and married student educational budgets shall include standard living expenses budgets for single or married students, to which shall be added $117.00 per dependent other than spouse per month, and all actual expenses for tuition, course fees, and book and materials costs for the academic year. Standard living expenses budgets shall be based upon 9 months living expenses of $7,355 for single veterans or upon 9 months living expenses of $11,289 for married veterans, per academic year. Standard living expenses budgets and amounts to be added to these budgets for dependents shall be increased on July 1 of every year by the amounts computed on the basis of the percentage of the increase in the consumer price index for all urban consumers during the preceding calendar year rounded to the nearest dollar.
VA 2.04 History
Cr. Register, December, 1973, No. 216
, eff. 1-1-74; emerg. am., eff. 10-1-74; emerg. am., eff. 1-29-75; emerg. am., eff. 6-25-75; emerg. am., eff. 10-25-75; emerg. am., eff. 1-30-76; emerg. am., eff. 6-1-76; emerg. am., eff. 9-28-76; emerg. am., eff. 2-3-77; emerg. am., eff. 6-4-77; emerg. am., eff. 10-3-77; emerg. am., eff. 1-30-78; emerg. am., eff. 5-31-78; am. Register, September, 1978, No. 273
, eff. 10-1-78; am. Register, December, 1979, No. 288
, eff. 1-1-80; am. Register, October, 1980, No. 298
, eff. 11-1-80; am. Register, April, 1986, No. 364
, eff. 5-1-86; am. Register, February, 1989, No. 398
, eff. 3-1-89; 2013 Wis. Act 189
: renum. from VA 9.03 Register April 2013 No. 700
, eff. 5-1-14.
VA 2.05 Recovery of erroneous payments. VA 2.05(1)
The department may recover payments made as a grant under s. 45.20
, Stats., if any of the following apply:
The information provided by the applicant or the school is inaccurate.
The department incorrectly calculated the grant amount.
The applicant is not entitled to a grant or is entitled to a lower grant amount as a result of a change in circumstances that affects the applicant's eligibility to receive the grant.
(2) Amount of recovery.
The department may recover only the portion of the grant to which applicant would not have been entitled if the correct information had been provided or the grant had been properly calculated, or as a change in circumstances warrants.
The department may request repayment of the amount due under sub. (2)
. In lieu of a lump sum payment, the department may enter into an agreement under which the applicant may repay the amount due within a 12-month period. If the applicant fails to repay the amount due within 30 days of a request for repayment or fails to comply with the terms of a repayment agreement, the department may offset future grants that the applicant may be entitled to under s. 45.20
, Stats., until the amount due has been recovered. The department may also suspend other benefits available to the applicant until the amount due has been recovered, except that the department may not suspend benefits available under s. 45.40
The department may temporarily or permanently waive its authority to recover payments under sub. (1)
or suspend benefits under sub. (3)
if the applicant's household income is totally exempt from garnishment under s. 812.34 (2) (b)
(5) Administrative review.
Any department decision under this section is subject to appeal under s. VA 1.03
VA 2.05 History
History: CR 04-003
: cr. Register June 2004 No. 582
, eff. 7-1-04.
VA 2.06 Tribal college tuition reimbursement program. VA 2.06(2)(a)(a)
An applicant for tuition reimbursement under this section shall submit an application on a form approved by the department. The applicant may submit the application electronically, and the applicant shall submit the application either directly to the department or through a county veterans service officer or other agent authorized by the department. Each initial application shall be received by the department or its designee no later than 60 days after the starting date of the course, term, or semester for which reimbursement is requested. The department shall consider an initial application received under this paragraph once all required student information in the initial application is completed and a physical or electronic date stamp is affixed to the application.
The tribal college veterans coordinator shall complete an application submitted under par. (a)
by verifying the applicant's semester completion date and cost of tuition, any other assistance received or applied for by the applicant, the number of credits in which the applicant enrolled during the semester, and the applicant's semester grade point average. The department shall deny each application that is not completed within 60 days after the last day of the course, term, or semester for which reimbursement is being requested unless the applicant shows good cause for the delay. An application is considered completed under this paragraph once the department has received all of the information required for reimbursement.
The department may make a reimbursement under this section only if a representative of the tribal college certifies that the veteran was enrolled as an undergraduate during the semester for which reimbursement is sought and that the veteran does not already have a bachelor's degree.
A veteran may not receive reimbursement for any semester or course for which he or she is eligible or received a grant under s. 321.40
, Stats., or 10 USC 2007
. A veteran who is eligible for but does not receive a grant under s. 321.40
, Stats., or 10 USC 2007
because the veteran fails to comply with applicable procedural requirements for the grant or maintain the requisite grade point average to receive the grant, or who takes any other action that prevents the veteran from receiving the grant, is considered eligible for the grant for purposes of this paragraph.
Reimbursement is limited to that portion of a veteran's tuition not paid for by other grants or scholarships, including any offsets or remissions to which the veteran is entitled under any other program.
Grade point average.
The department shall utilize the grade point average calculated and reported by the veteran's school.
VA 2.06 History
History: 2013 Wis. Act 189
: cr. Register April 2014 No. 700
, eff. 5-1-14; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2016 No. 732