Workforce Development
(Economic Support, Chs. DWD 11 to 59)
Rules were adopted revising s. DWD 12.25, relating to amendments to the learnfare program.
Exemption From Finding of Emergency
The Department of Workforce Development promulgates a rule under the “emergency rule” procedure of s. 227.24, Stats., as authorized by section 9126 (5qh) of 1997 Wis. Act 27, which provides:
“Using the procedure under section 227.24 of the statutes, the department of workforce development may promulgate rules required under section 49.26 of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 49.26 of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department of workforce development need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.”
Analysis
Statutory authority for rule: s. 49.26 (1) (gm) 2 and (h) 1
Statute interpreted by the rule: s. 49.26
This rule implements changes to the learnfare program made by 1997 Wis. Act 27 by amending the existing rules on the learnfare program, s. DWD 12.25, Wis. Adm. Code, as follows:
Application of the school attendance requirement is changed from children aged 6 to 19 to children aged 6 to 17.
A child will not meet the learnfare attendance requirement if the child is not enrolled in school or was not enrolled in the immediately preceding semester.
Participation in case management is required for a child who does not meet the attendance requirements or who is a minor parent, a dropout, a returning dropout, or a habitual truant. If a child fails to meet the attendance requirements, or if the child and the child's parent fail to attend or reschedule a case management appointment or activity after two written advance notices have been given by the W-2 agency, the W-2 agency is required to impose a financial penalty unless an exemption reason or a good cause reason is verified.
The exemption reasons are the same criteria that have in the past been treated as good cause under learnfare. In addition, good cause for failing to participate in learnfare case management includes any of the following:
. Child care is needed and not available.
. Transportation to and from child care is needed and not available on either a public or private basis.
. There is a court-ordered appearance or temporary incarceration.
. Observance of a religious holiday.
. Death of a relative.
. Family emergency.
. Illness, injury or incapacity of the child or a family member living with the child.
. Medical or dental appointment for the minor parent or the minor parent's child.
. Breakdown in transportation.
. A review or fair hearing decision identifies good cause circumstances.
. Other circumstances beyond the control of the child or the child's parent, as determined by the W-2 agency.
The financial penalty will be imposed as a reduction of the benefit amount paid to a W-2 participant who is in a community service job (CSJ) or transitional placement and will be imposed as a liability against a W-2 participant who is in a trial job. The amount of the penalty wil be $50 per month per child, not to exceed $150 per W-2 group per month. The financial penalty will be imposed each month until the child meets the school attendance or case management requirements or until exemption or good cause reason is verified.
Publication Date:
January 2, 1998
Effective Date:
January 2, 1998
Expiration Date:
June 2, 1998
N o t i c e S e c t i o n
Notice of Hearings
Agriculture, Trade & Consumer Protection
▶ (Reprinted from 12-31-97 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed Department rules related to the regulation of residential rental practices (proposed ch. ATCP 134, Wis. Adm. Code).
Written Comments
The hearings will take place at the times and places shown below. The public is invited to attend the hearings and to make comments on the proposed rules. Following the public hearings, the hearing record will remain open until February 13, 1998, for the public to submit additional written comments.
Copies of Rule
Interested people may obtain a free copy of this rule by contacting:
Division of Trade & Consumer Protection
Telephone (608) 224-4921
Wis. Dept. of Agriculture, Trade & Consumer Protection
2811 Agriculture Dr.
P.O. Box 8911
Madison, WI 53708-8911
Copies will also be available at the public hearings.
An interpreter for the hearing-impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by January 7, 1998, either by writing to Judy Jung, P.O. Box 8911, Madison, WI 53708-8911; calling her at 608/224-4972; or contacting her via the Division's TDD telephone (608/224-5058). Handicap access is available at the hearings.
Hearing Information
The Department will hold five hearings as follows:
January 21, 1998 Banquet Room 2
Wednesday 1st Floor
Commencing at State Fair Park Youth Ctr.
10:00 a.m. 640 S. 84th Street
MILWAUKEE, WI
January 23, 1998 Room 152A
Friday Wis. Dist. Office Bldg.
Commencing at 200 N. Jefferson St.
10:00 a.m. GREEN BAY, WI
January 28, 1998 Wausau Room
Wednesday 3rd Floor
Commencing at Marathon Co. Public Library
10:00 a.m. 300 N. 1st Street
WAUSAU, WI
January 29, 1998 Conference Room
Thursday 1st Floor
Commencing at WDATCP State Office Bldg.
10:00 a.m. 3610 Oakwood Hills Pkwy.
EAU CLAIRE, WI
January 30, 1998 Board Room SR-106
Friday Prairie Oak State Office Bldg.
Commencing at 2811 Agriculture Dr.
10:00 a.m. MADISON, WI
Analysis Prepared by the Dept. of Agriculture, Trade & Consumer Protection
Statutory authority: s. 100.20 (2)
Statute interpreted: s. 100.20
The Department of Agriculture, Trade and Consumer Protection currently administers landlord-tenant rules under ch. ATCP 134, Wis. Adm. Code. These rules regulate residential rental practices by landlords and affect both tenants and landlords. The Department has not revised or updated the current rules since their creation in 1980. This rule amends the current rules to address new issues which have arisen during the last 17 years and to clarify parts of the rules which landlords and tenants have found to be ambiguous.
Rule coverage:
This rule clarifies the coverage of the current rules. The current rules apply to the rental of all residential dwelling units in this state, except for the following:
