An accessible entrance to the building is available via a ramp from the corner of Washington Avenue and Webster Street to the Webster Street entrance. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing. The address for written comments follows later in this notice.
Analysis Prepared by the Dept. of Workforce Development
Statutory authority: ss. 49.19, 49.20 (1997-98), 49.193, 49.21 (1997-98), 49.27 (1997-98), and 227.11 (2), Stats.
Statutes interpreted by the rule: ss. 49.19, 49.20 (1997-98), 49.193, 49.21 (1997-98), 49.27 (1997-98), and 227.43 (1) (by), Stats.
Chapters DWD 22 and HSS 205, 206, 207, 225 and 244 relate to public assistance policies and procedures administered by the Division of Economic Support when it was within the Department of Health and Social Services. Many of the policies pertain to the Aid to Families with Dependent Children (AFDC) program, which was replaced by Wisconsin Works (W-2) in 1997. These rules came under the authority of the Department of Workforce Development (DWD) in 1996 when the Division of Economic Support left DHSS and merged with the Department of Industry, Labor, and Human Relations to form DWD.
Chapter DWD 22 provided rules on aid for 18-year old high school students who became ineligible for AFDC solely as a result of reaching the age of 18. The statutory authority for this rule, s. 49.20, Stats. (1997-98), has been repealed.
Chapter HSS 205 provided rules on monthly reporting of income for the determination of eligibility and benefit amount for AFDC, food stamp, and medical assistance programs. Monthly reporting is no longer used in the food stamp or medical assistance program.
Chapter HSS 206 provided rules for the administration of the Job Opportunities and Basic Skills (JOBS) training program for AFDC recipients, which existed from 1995 to 1998.
Chapter HSS 207 provided rules for the administration of the Work-Not-Welfare demonstration project, which existed from 1995 to 1997. The statutory authority for this rule, s. 49.27, Stats. (1997-98), has been repealed.
Chapter HSS 225 provided rules for the administration of fair hearings in appeals of public assistance, food stamp, and medical assistance claims within the Department of Health and Social Services. Hearings on appeals of public assistance claims are now conducted by the DOA Division of Hearings and Appeals and rules governing their procedure are at ch. HA 3.
Chapter HSS 244 provided rules on the confidential nature of records. Confidentiality requirements are now covered by s. 49.143 (5), Stats., s. DWD 12.08 (2), and W-2 agency contracts. Public notice and confidentiality requirements related to old age assistance liens are within the jurisdiction of the Department of Health and Family Services.
Rule Text
SECTION 1. Chapters DWD 22 and HSS 205, 206, 207, 225 and 244 are repealed.
Initial Regulatory Flexibility Analysis
There will be no significant impact on small business.
Fiscal Estimate
The repeal of obsolete public assistance rules will have no fiscal effect.
Written Comments
Written comments received at the following address no later than Wednesday, October 4, 2000, will be given the same consideration as testimony presented at the hearing:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 00-60):
Ch. ATCP 75 - Relating to retail food establishments.
Ch. HFS 196 - Relating to restaurants.
Chs. Trans 231 and 233 - Relating to division of land abutting a state trunk or connecting highway.
Ch. DWD 16 - Relating to emergency assistance for families facing impending homelessness.
Chs. HSS 245 and DWD 18 - Relating to public assistance record retention.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Barbering and Cosmetology Examining Board
(CR 00-19):
An order amending ss. BC Figure 5.02, Figure 5.04, Figure 5.05 and Figure 5.06, relating to theory hours conducted by the school outside of the classroom.
Effective 10-01-00.
An order affecting ch. ETF 50, relating to eligible applicants for disability benefits.
Effective 10-01-00.
An order affecting s. ETF 10.60 (2) and (3), relating to electronic reporting for the Wisconsin Retirement System (WRS).
Effective 10-01-00.
An order creating s. IB 2.04, relating to Investment Board title holding companies.
Effective 10-01-00.
An order amending s. RL 62.11, relating to holding classes outside of the classroom.
Effective 10-01-00.
N o t i c e of N o n a c q u i e s c e n c e
NOTICE OF NONACQUIESCENCE
Tax Appeals Commission
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ESSIE L. ZOLLICOFFER :
Petitioner, : NOTICE OF NONACQUIESCENCE
v. : Docket No. 99-W-125
WISCONSIN DEPARTMENT OF REVENUE, :
:
Respondent.
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Pursuant to s. 73.01 (4) (e) 2 of the Wisconsin Statutes, the respondent hereby gives notice that, although it is not appealing the decision or order of the Tax Appeals Commission rendered in the above captioned matter under date of July 27, 2000, it has adopted a position of nonacquiescence in regard to that decision or order. DOR acquiesces in this decision only to the extent that it is based upon a factual finding that the taxpayer lacked the ability or authority to order, direct, or prioritize the payment of corporate taxes or other obligations due the Department. The effect of this action is that, although the decision or order is binding on the parties for the instant case, the Commission's conclusions of law, its construction of statutes, its use of case law and other authority and the legal rationale of its decision in the instant case are not binding upon or required to be followed by the respondent in other cases.
