Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[CR 02-036]
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to create ch.
ATCP 127, relating to a telemarketing “no call" list. The department will hold twelve hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until May 30, 2002, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling 1-800-422-7128. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for there hearings. Please make reservations for a hearing interpreter by April 20, 2002, by writing to Jim Rabbitt, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4965. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Twelve hearings are scheduled:
Monday, May 6, 2002, at 1:00 p.m. & 7:00 p.m.
Prairie Oaks State Office Building, Board Room
2811 Agriculture Drive
Madison, WI 53708
Handicapped accessible
Tuesday, May 7, 2002, at 1:00 p.m. and 6:30 p.m.
Havenwood State Forest
6141 N. Hopkins Street
Milwaukee, WI 53209
Handicapped accessible
Wednesday, May 8, 2002, at 2:00 p.m. and 7:00 p.m.
Wausau City Council Chambers
City Hall
407 Grant Street
Wausau, WI 54403
Handicapped accessible
Thursday, May 9, 2002, at 1:00 p.m. and 6:00 p.m.
Brown County Library, Central Library
515 Pine Street
Green Bay, WI 54301
Handicapped accessible
Monday, May 13, 2002, at 1:00 p.m. and 7:00 p.m.
Department of Agriculture, Trade and Consumer
Protection , Eau Claire Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701
Handicapped accessible
Tuesday, May 14, 2002, at 1:00 p.m. and 7:00 p.m.
LaCrosse City Council Chambers
400 LaCrosse Street
LaCrosse, WI 54699
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Background
The Wisconsin department of agriculture, trade and consumer protection (DATCP) regulates unfair and deceptive business practices under s.
100.20, Stats. DATCP has adopted rules, under ch.
ATCP 127, Wis. Adm. Code, to protect consumers against unfair telemarketing practices. The Legislature has also directed DATCP, under s.
100.52, Stats., to create a “no-call" list of consumers who do not wish to receive telemarketing calls.
Under s.
100.52, Stats., consumers may contact DATCP to sign up for the “no call" list. Telemarketers may not call consumers whose telephone numbers appear on the list. Telemarketers must register with DATCP and pay fees to finance the list compilation and distribution. On a regular periodic basis, DATCP must update the list and distribute it to registered telemarketers. DATCP must adopt rules to implement this program.
This rule creates a telemarketing “no-call" program, as directed by the Legislature. DATCP is adding this rule to DATCP's current telemarketing rules under ch.
ATCP 127, Wis. Adm. Code.
“Telephone Solicitations" Covered
This rule regulates “telephone solicitations" to persons located in this state, regardless of where the calls originate. A “telephone solicitation" means an unsolicited telephone call for the purpose of encouraging the call recipient to buy property, goods or services, or that is part of a plan or scheme to encourage the call recipient to buy property, goods or services. “Telephone solicitation" does not include any of the following:
•
A telephone call encouraging the call recipient to buy property, goods or services from a “nonprofit organization" solely for the benefit of that organization. A “nonprofit organization" means an organization described in section 501(c)(3), (4), (5) or (19) of the United States internal revenue code.
•
A telephone call made by the sole individual proprietor of a business, encouraging the call recipient to buy property, goods or services sold by that business.
•
A telephone call made in response to the call recipient's request for that call.
•
A telephone call made to a current client of the person selling the property, goods or services promoted by the telephone call.
•
A telephone call made to a number listed in the current local business telephone directory.
Telemarketers Must Register
This rule requires telemarketers to register annually with DATCP. A registration expires on December 31 of each year. Under this rule:
•
No person may employ or contract with any individual to make telephone solicitations to residential telephone customers unless that person is currently registered with DATCP.
•
No individual may make a telephone solicitation to a residential telephone customer unless one of the following applies:
- The individual is employed by, or acting as the contract agent of, a person currently registered with DATCP.
- The individual is currently registered with DATCP.
Telemarketer Registration Form
To register with DATCP, a person must complete an annual registration form and pay annual fees. The registration form must include all the following:
•
The registrant's correct legal name, and all trade names under which the registrant does business.
•
The registrant's principal business address and telephone number. The business address shall include street address, zip code, state and nation.
•
The registrant's federal tax identification (FEIN) number.
•
The name and address of the registrant's registered agent in this state, if any.
•
The name and address of a person who will accept service of process on behalf of the registrant, if other than a registered agent in this state.
•
The name, address and telephone number of a person who may respond, on behalf of the registrant, to DATCP notices and inquiries.
•
The number of telephone lines used, by individuals acting as employees or agents of the registrant, to make telephone solicitations. The registrant must provide the telephone number associated with each of these lines.
•
The number of individuals who make telephone solicitations as employees or agents of the registrant. The registrant must provide the names of the individuals if DATCP requests those names.
•
A statement indicating the form in which the registrant wishes to receive “no-call" lists. A registrant may receive “no-call" lists in one or more of the following forms:
- By e-mail transmission to an e-mail address provided by the registrant.
- As a compact disc, mailed to an address provided by the registrant.
- In hard-copy printed form, mailed to an address provided by the registrant.
Telemarketer Registration Fees
A telemarketer registering with DATCP must pay the following annual fees:
•
A basic annual registration fee of $800 for the first year of registration, and $600 for each year thereafter.
•
A supplementary annual fee of $100 for each telephone line used by the registrant (or the registrant's employees or individual agents) to make telephone solicitations. This fee does not apply if the registrant uses fewer than 4 telephone lines.
•
A supplementary annual fee of $25 for each e-mail address to which the registrant would like DATCP to send the “no-call" list. This fee does not apply if the registrant asks DATCP to send the “no-call" list to just one e-mail address.
•
A supplementary annual fee of $25 for each address to which the registrant would like DATCP to send the “no-call" list in compact disc form.
•
A supplementary annual fee of $1,000 for each address to which the registrant would like DATCP to send the “no-call" list in hard-copy print form.
The “No-Call" List
DATCP must compile a “no-call" list containing the telephone numbers and ZIP codes of residential telephone customers who sign up for the list. No person may make a telephone solicitation, either directly or through an employee or agent, to a residential customer whose telephone number appears on the current no-call list.
A residential telephone customer may contact DATCP by phone, or at DATCP's website, to sign up for the “no-call" list. A customer's caregiver may sign up on behalf of the customer. The customer or caregiver shall give DATCP all the following information:
•
The customer's telephone number including area code.
•
The customer's ZIP code.
•
The customer's name and address, if requested by DATCP. DATCP will not include this information on the “no-call" list, but may request it for verification purposes.
•
The caregiver's name and address, if a caregiver contacts DATCP on behalf of the customer. DATCP will not include this information on the “no-call" list, but requires it for verification purposes.
Distributing the List
DATCP must distribute the “no-call" list to each telemarketer who is currently registered with DATCP. DATCP must distribute the list in the manner specified by the registrant (assuming that the registrant pays the required fees for that method of delivery). A “no-call" list takes effect on a date specified by DATCP, not sooner than 10 days after DATCP distributes the list.
Updating the List
DATCP must compile and distribute an updated “no-call" list every 3 months. DATCP must distribute updated lists in the same manner as the initial list. DATCP must delete a residential telephone customer from the “no-call" list 2 years after that customer last signed up for inclusion on the list. A customer may renew a sign-up at any time.
No Unauthorized Release
A registered telemarketer may not redistribute any part of a “no-call" list to any other person, except that the registrant may redistribute the list to an individual making telephone solicitations as the registrant's employee or agent. DATCP may not release a “no-call" list, or any information used to compile the list, except that:
•
DATCP may release a “no-call" list to telemarketers currently registered with DATCP.
•
DATCP may release a “no-call" list as necessary to enforce this rule, or to comply with a subpoena or judicial process, subject to such protective orders as may be appropriate.
•
DATCP may release the “no-call" list to the federal trade commission or other federal agency maintaining a national “no-call" list.
Telephone solicitation practices
Telemarketers must comply with current DATCP telemarketing rules under ch.
ATCP 127, Wis. Adm. Code. In addition, this rule prohibits telemarketers from doing any of the following:
•
Making telephone solicitations to a residential telephone customer, unless the telemarketer is registered with DATCP or working for a registered telemarketer.
•
Making a telephone solicitation to a residential telephone customer whose telephone number appears on the current “no call" list.
•
Using an electronically prerecorded message in a telephone solicitation to a residential or nonresidential telephone customer without the prior consent of that telephone customer.
•
Failing to disclose, at the request of a residential telephone customer receiving a telephone solicitation, the telemarketer's Wisconsin registration number.
•
Making a telephone solicitation to a nonresidential telephone customer (business) if that business has notified the telelemarketer by mail that the business does not wish to receive telephone solicitations. A telemarketer must provide a business with the telemarketer's mailing address within 10 days after the business requests it.
•
Requiring, instructing or authorizing an employee or agent to make a telephone solicitation in violation of this rule, or facilitating a violation of this rule.
•
Using caller-ID blocking when making a telephone solicitation.
Telemarketer Records
Under current DATCP telemarketing rules, telemarketers must keep certain records for at least 2 years and must make those records available to DATCP upon request. Among other things, a telemarketer must keep records related to individuals who make telephone solicitations as employees or agents of the telemarketer, including names, addresses, telephone numbers, job titles, and fictitious names if any (no 2 individuals may use the same fictitious name).
This rule requires telemarketers to comply with current record keeping requirements, and adds one new requirement. Under this rule, a telemarketer must record the time period during which an individual made telephone solicitations as the seller's employee or agent.
Fiscal Estimate
This rule creates a telemarketing “no-call" program, as directed by the Legislature. DATCP is adding this rule to DATCP's current telemarketing rules under ch.
ATCP 127, Wis. Adm. Code. The legislation, passed as part of the budget bill, creates section 100.52 of the Wisconsin Statutes which directs DATCP to develop systems to register residential customers who do not wish to be called by telemarketers and, register telemarketers who wish to solicit Wisconsin residents. It also requires DATCP to investigate and seek penalties against violators most of whom are located outside of Wisconsin.
Currently, department rules, Chapter
ATCP 127, Wis. Admin. Code, enacted in August 1999 prohibits a telemarketer from soliciting a consumer who has asked the telemarketer to place them on a "do not call" list. The rules also require a telemarketer to maintain systems for ensuring consumers on this list are not called. Under these new rules, DATCP will create a list and registered telemarketers will combine this list into their systems.
Based on experience, and the Department projects that a majority of Wisconsin households will register under this new law. Other states of equal population report nearly one million households are registered on their lists.
The Department assumes consumer registration will be made available through a toll-free telephone system as well as on-line forms. Because of the magnitude of the project, the Department is preparing requests for bids from outside sources. This estimate is based on an assumption that those bids will result in costs of approximately $400,000 annually.
The Department estimates a workload of 5,000 hours annually to intake and process consumer complaints administer the contracts with the vender to create and distribute the lists. To accomplish this, the Department will require 2.5 positions.
Complaints regarding telemarketing will double to approximately 1000 per year. The Department estimates 100 complaints per year will require assignment to investigative staff for detailed investigation. Typically, these investigations will involve multiple victims and multiple jurisdictions. The Department will require 2.0 FTE investigators for enforcement activities. The Department estimates the additional annual workload to oversee and administer the program and enforce the law will also require 1.0 FTE consumer complaint supervisor.
Based on these assumptions, the department estimates there will be a one-time cost of $53,400. Ongoing annual costs of $658,600 would be offset through license fees.
The Department is authorized to set initial registration fees to generate the funding necessary to create the list and renewal fees necessary to administer this program. The Department is proposing an initial registration fee of $800 plus a supplemental fee of $100 per each phone line if a business uses more than 3 lines to telemarket. The Department proposes a renewal fee of $600 plus a supplemental fee of $100 per each phone line if a business uses more than 3 lines to telemarket.
The Department assumes 375 (62%) telemarketers to register in year one, which will generate $564,000. An additional 225 new registrations as well as renewals in year two will generate $731,000. Year three will stabilize at 600 renewals and generate $677,000. In the first two years the program will create a deficit of $21,000. In year three the registration fees should begin to generate a small surplus, and if this continues through year 4, the department will have a surplus of $17,000 which it is assumed will be consumed by inflationary pressures.
Long – Range Fiscal Implications
Registration fees paid by telemarketing firms will offset the annual cost. The Department assumes the annual renewal to generate $664,000 to offset estimated costs of $658,600. If these estimates generate a small surplus, the Department proposes to hold the surplus to offset future registration price increases.
Initial Regulatory Flexibility Analysis
Rule Description
This rule regulates “telephone solicitations" to persons located in this state, regardless of where the calls originate. This rule requires telemarketers to register annually with DATCP. Registered telemarketers will be provided a list that is compiled by DATCP containing the telephone numbers of consumers who do not want to be solicited by telephone. Telemarketers will be prohibited from soliciting by phone any consumer who is on the “no call" list.
“Telephone Solicitations" Covered
A “telephone solicitation" means an unsolicited telephone call for the purpose of encouraging the call recipient to buy property, goods or services, or that is part of a plan or scheme to encourage the call recipient to buy property, goods or services. “Telephone solicitation" does not include any of the following:
•
A telephone call encouraging the call recipient to buy property, goods or services from a “nonprofit organization" solely for the benefit of that organization.
•
A telephone call made in response to the call recipient's request for that call.
•
A telephone call made to a current client of the person selling the property, goods or services promoted by the telephone call.
•
A telephone call made to a number listed in the current local business telephone directory.
Telemarketers Must Register
Registration expires on December 31 of each year. Under this rule:
•
No person may employ or contract with any individual to make telephone solicitations to residential telephone customers unless that person is currently registered with DATCP.
•
No individual may make a telephone solicitation to a residential telephone customer unless one of the following applies:
- The individual is employed by, or acting as the contract agent of, a person currently registered with DATCP.
- The individual is currently registered with DATCP.
Telemarketer Registration Form
To register with DATCP, a person must complete an annual registration form and pay annual fees. The registration form must include all the following:
•
The registrant's correct legal name, and all trade names under which the registrant does business.
•
The registrant's principal business address and telephone number. The business address must include street address, zip code, state and nation.
•
The registrant's federal tax identification (FEIN) number.
•
The name and address of the registrant's registered agent in this state, if any.
•
The name and address of a person who will accept service of process on behalf of the registrant, if other than a registered agent in this state.
•
The name, address and telephone number of a person who may respond, on behalf of the registrant, to DATCP notices and inquiries.
•
The number of telephone lines used, by individuals acting as employees or agents of the registrant, to make telephone solicitations. The registrant must provide the telephone number associated with each of these lines.
•
The number of individuals who make telephone solicitations as employees or agents of the registrant. The registrant must provide the names of the individuals if DATCP requests those names.
•
A statement indicating the form in which the registrant wishes to receive “no-call" lists. A registrant may receive “no-call" lists in one or more of the following forms:
- By e-mail transmission to an e-mail address provided by the registrant.
- As a compact disc, mailed to an address provided by the registrant.
- In hard-copy printed form, mailed to an address provided by the registrant.
Telemarketer Registration Fees
A telemarketer registering with DATCP must pay the following annual fees:
•
A basic annual registration fee of $800 for the first year of registration, and $600 for each year thereafter.
•
A supplementary fee for each telephone line used by the registrant (or the registrant's employees or individual agents) to make telephone solicitations. The fee amount is $100 per telephone line if the registrant (and the registrant's employees and agents) use more than 3 lines.
•
A supplementary fee of $25 for each additional e-mail address to which the registrant would like DATCP to send the “no-call" list (if more than one e-mail address).
•
A supplementary fee of $25 for each additional copy of the list which the registrant would like DATCP to send in compact disc form.
•
A supplementary fee of $1,000 for each address to which the registrant would like DATCP to send the “no-call" list in hard-copy print form.
Updating the List
DATCP must compile and distribute an updated “no-call" list every 3 months. DATCP must distribute updated lists in the same manner as the initial list. DATCP must delete a residential telephone customer from the “no-call" list 2 years after that customer last signed up for inclusion on the list. A customer may renew at any time.
Small Businesses Affected by this Rule
This rule affects businesses that solicit residential consumers for the purpose of encouraging the call recipient to buy property, goods or services. The rule will effect “professional" telemarketers who solicit on behalf of others as well as businesses that solicit on their own behalf. The bureau assumes approximately 600 businesses that offer to sell a wide variety of consumer products will be required to register. Many of these businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
Effects on Small Business
This rule will have an impact on small business. Under current law, all businesses that telemarket must keep a no call list consisting of persons who inform the business that they do not want to be called again. Under this rule the business will have to add the telephone numbers compiled by the State to their no call list. The department will provide the consumer information in a format that is readable by all computer systems. Any Wisconsin business that telemarkets into one of the more than 20 States that currently have do not call laws will already have already implemented systems to fulfill the requirements contained in this rule. Others may have a one-time cost of reprogramming their systems. This one-time cost is expected to have a slight impact on small business.
The cost of administering the program is mandated by statute to be funded through registration fees for businesses that telemarket. The fees are based on the number of lines that are used to solicit so a small business will pay less than a large telemarketer with multiple lines.
Steps to Assist Small Business
The registration fees are based on the number of lines a telemarketer uses to solicit and the first three telephone lines are included under the base fee. The rules also have exceptions for businesses calling their own customers or responding to a request by a consumer for a call. Both of these exceptions should assist small business.
Conclusion
This rule will have a minor impact on small business. Small business will have one-time costs to upgrade existing systems to accept the lists and combine them with current lists. The long term impact of not telemarketing persons who do not wish to be telemarketed are expected to be minor. This rule will have the long term cost of annual fees for registration. The department has taken reasonable steps to share the costs of the program equitably among those who are regulated.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
15.03, Stats., the Division of Hearings and Appeals will hold a public hearing to consider the repeal and recreation of ch.
HA 1 relating to the practice and procedure for contested cases conducted by the Division.
Hearing Information
The hearing will be held as follows:
April 26, 2002 Division of Hearings and Appeals
Friday Suite 201
9:30 a.m. 5005 University Avenue
Madison, WI
(Corner of University Ave. & Whitney Way)
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available at the east end of the building.
The pubic record on this proposed rule making will be held open until close of business May 3, 2002 to permit the submission of written comments from persons unable to attend the public hearing or those who wish to supplement testimony offered at the hearing. Any such comments should be sent to Louis Dunlap, Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875.
Analysis Prepared by the Division of Hearings and Appeals
These proposed rules describe the requirements and process for those individuals and organizations bringing contested case proceedings before the Division of Hearings and Appeals.
Before government reorganization in 1996, the office of administrative hearings located in the department of health and social services, in addition to “fair hearings" for individual recipients of various benefit programs, conducted a variety of contested case proceedings under Wis. Stat. ch.
227 relating to actions taken by the department concerning licensure, Medicaid funds and many other topics. The division of hearings and appeals, in addition to probation and parole hearings, also was conducting contested case proceedings for the department of natural resources and other state agencies in accordance with its own rule, ch.
HA 1. In the course of reorganization, the office of administrative hearings merged with the division of hearings and appeals and the combined offices have since added more types of proceedings for other state departments. These changes, as well as the fact that ch.
HA 1 was outdated, create the need for a revised and expanded rule governing the hearing process for these types of cases.
The proposed rule:
• Describes the process, requirements and time limits for requesting a hearing.
• Describes the process for service of documents.
• Describes the requirements for notices of hearing.
• Defines the powers of the administrative law judge who conducts the hearing, the manner in which a hearing will be conducted and the consequences of failure to appear at a scheduled hearing.
• Defines the limits on preservation of evidence and discovery.
• Defines the application of the rules of evidence.
• Defines the circumstances under which transcripts may be made for parties.
• Describes the form of hearing decisions, defines the burden of proof, and the process for the issuance of proposed decisions.
• Provides the requirements for decisions regarding further review or appeal of a decision.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (a), Stats.
Fiscal Estimate
There is no fiscal effect, as these rules regulate a process already performed.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write or telephone:
Louis Dunlap
Division of Hearings and Appeals
5005 University Avenue, Suite 201
P.O. Box 7875
Madison, WI 53707-7875
(608) 267-7376 or, if you are hearing impaired, 264-9853.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the proposed rulemaking order affecting ss.
Ins 17.01 (3),
17.25 (3) (d),
17.28 (6) and
17.28 (6a), Wis. Adm. Code, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2002.
Hearing Information
Date: Friday, May 3, 2002
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: Room 23, OCI,
121 East Wilson Street, Madison, WI
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI by 4:30p.m. the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707.
Analysis prepared by the Office of the Commissioner of Insurance
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2002. These fees represent a 5% decrease compared with fees paid for the 2001-02 fiscal year. The board approved these fees at its meeting on February 27, 2002, based on the recommendation of the board's actuarial and underwriting committee.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $ 19.00 for physicians and $1.00 per occupied bed for hospitals, representing a 50% decrease from 2001-02 fiscal year mediation panel fees.
This rule also amends s. Ins. 17.25 (3) (d) to reflect the increased primary limit of 1million/3million for occurrences on and after July 1, 1997 for the Wisconsin health care liability plan as required by s.
655.23 (4) (b), Stats.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Fiscal estimate
The Patients Compensation Fund (Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1, based on actuarial estimates of the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its February 27, 2002 meeting.
There is no effect on GPR.
Estimated revenue from fees, for fiscal year 2002-2003, is approximately $27.4 million, which represents a 5% decrease to fiscal year, 2001-2002 fee revenue.
Copies of Rule and Contact Person
Inger Williams, Services Section
Office of the Commissioner of Insurance
(608) 264-8110
or at
121 East Wilson Street
PO Box 7873, Madison WI 53707-7873
Notice of Hearing
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.045 (3) and
227.11 (2) (a), Stats., and interpreting s.
118.045, Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency rules, ch.
PI 27, relating to the commencement of a school term.
The hearing will be held as follows:
Date and Time Location
April 26, 2002 Madison
3:00 – 4:30 p.m. GEF 3 Building
125 South Webster St.
Room 349
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Lori Slauson, at (608) 267-9127 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above email or street address no later than May 3, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
2001 Wis. Act 16 requires school boards to start a school term after September 1 unless a school board submits a request to the Department of Public Instruction stating the reasons it would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it.
The department is required to promulgate rules to implement and administer this provision. The rules establish a procedure for school boards to use in requesting an earlier start date and gives examples of extraordinary reasons for granting such requests.
Fiscal Estimate
The proposed creation of ch.
PI 27, rules relating to the commencement of a school term, is a result of statutory changes made under
2001 Wis. Act 16. The rules will not have a fiscal effect separate from the statutory changes made under the Act. The Act modified s.
118.045, Stats., requiring school boards to start a school term after September 1 unless a school board submits a request to the department stating the reasons it would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it.
By law, school districts must provide 180 days of instruction. By starting school later, school districts will likely have to make up days by having shorter winter or spring breaks, or by extending the school year later into summer. If school is conducted during Thanksgiving or winter break when schools would normally be vacant, heating and electrical costs may increase. These costs are indeterminate.
Additionally, current law requires school districts to provide transportation for pupils in private schools. If private schools choose to begin the school year prior to September 1, transportation costs may increase if school districts are required to run additional bus lines or otherwise accommodate the transportation needs of private school pupils when public school is not in session. For example, one public school district has 40 percent of its elementary student population in private or parochial schools. The business manager of the public district estimated that if the private schools chose to start school prior to September 1, it would cost the school district an additional $5,000 to $6,000 per day in transportation costs. The private schools started on August 26 in 2001. If the new legislation would have been in effect this year, it would have cost the public school district $25,000 to $30,000. It should be noted that excessive private school transportation costs are listed in the rule as an extraordinary reason to allow a school to begin a school term prior to September 1.
It is assumed this rule will have no state fiscal effect. These rules may affect small businesses. However, any costs or benefits will vary on a case-by-case basis depending on when such businesses need to employ pupils (at the beginning or end of summer).
Notice of Hearing
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.30 (3) (b) and
227.11 (2) (a), Stats., and interpreting s.
118.30 (3), Stats., the Department of Public Instruction will hold a public hearing as follows to consider the creation of ch.
PI 28, relating to providing access to the 4
th, 8
th, and 10
th grade Knowledge and Concepts Examinations and the High School Graduation Test.
The hearing will be held as follows:
Date and Time Location
April 26, 2002 Madison
3:00 – 4:30 p.m. GEF 3 Building
125 South Webster St.
Room 349
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Lori Slauson, at (608) 267-9127 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above email or street address no later than May 3, 2002, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Since 1992, when the knowledge and concepts examinations were first instituted in Wisconsin, the state superintendent has been required to make available, upon request, within 90 days of the date of administration, any of the required pupil assessments under s.
118.30, Stats. This requirement also applied to the high school graduation test when it was added in 1997. The department has provided guidance on proper test use and review in a document titled, “DPI Guidelines for Appropriate Testing Procedures."
2001 Wis. Act 16 created s.
118.30 (3) (b), Stats., requiring the state superintendent to promulgate rules establishing procedures to allow a person to view these tests. The proposed rules codify the requirements in the guidelines. Specifically, the rules:
Do not allow a person to review a test that is being developed or validated.
Require a person to submit a written request to the state superintendent and the school board within 90 days after the date of administration of the test.
Require the school board to file a confirmation of destruction/security agreement with the test publisher before allowing a test to be reviewed.
Require the school board or the department to ensure that the individual making the request signs a confidentiality agreement.
Require the school board or the department to ensure the test viewer is accompanied by a qualified staff member who is aware of the confidentiality requirements associated with the test.
Fiscal Estimate
The rules establish requirements for school boards providing access to the 4th, 8th, and 10th grade Knowledge and Concepts Examinations and the High School Graduation Test. The rules also establish procedures for individuals to follow in requesting these tests for review.
Requiring test access originated with the enactment of
1991 Wis. Act 269; however, rules relating to test access were not required to be developed. Instead, the department developed
DPI Guidelines for Appropriate Testing Procedures. 2001 Wisconsin Act 16 required the department to promulgate rules relating to test access. The rule codifies the requirements in the guidelines.
Because the requirements specified in the guidelines have been in place for quite some time, the rules codifying these requirements are not anticipated to have a local or state fiscal effect separate from current practice.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.145 (2) (f) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider ch.
DWD 15, relating to child support cooperation for Wisconsin works.
Hearing Information
May 1, 2002 GEF 1 Building, Room B103
Wednesday 201 E. Washington Avenue
1:00 p.m. Madison
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.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. 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.
Analysis Prepared by the Department of Workforce Development
Section
49.145 (2) (f), Stats., requires that every parent in a Wisconsin Works (W-2) 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, regardless of whether the parent is the custodial or noncustodial parent of the minor child. Cooperation may not be required if the parent has good cause for failing to cooperate, as determined by the Department in accordance with federal law.
The current chapter DWD 15 contains obsolete information on the cooperation requirements and good cause exemptions for custodial parents under the Aid to Families with Dependent Children program. The proposed chapter DWD 15 specifies the cooperation requirements and good cause exemptions for custodial and noncustodial parents under the W-2 program.
The proposed rule provides that a custodial parent who is a member of a W-2 group must cooperate with efforts directed at identifying and locating an absent parent of a minor child of the custodial parent, establishing the paternity of any child of that parent, and obtaining any support payments or any other payments or property to which that parent may have rights. A custodial parent must cooperate in any action that is relevant to those purposes including the following:
• Providing verbal information, written information, or other evidence that the custodial parent knows, possesses, or might reasonably obtain or signing an affidavit declaring a lack of information, subject to penalty of false swearing pursuant to s.
946.32, Stats.
• Attending interviews and responding to written requests for information by the child support agency.
• Appearing as a witness at hearings or other legal proceedings.
• Attending genetic tests pursuant to judicial or administrative order.
• Paying to the Department or its designee any court-ordered child support payments received directly from the absent parent after an assignment under s.
49.145 (2) (s), Stats., has been made.
The proposed rule provides that a noncustodial parent who is a member of a W-2 group must cooperate in good faith with efforts directed at establishing the paternity of an alleged child of that parent and obtaining any support payments or any other payments or property for which that parent may be responsible. A noncustodial parent must cooperate in any action that is relevant to those purposes including the following:
• Providing verbal information, written information, or other evidence that the noncustodial parent knows, possesses, or might reasonably obtain.
• Appearing at hearings or other legal proceedings.
• Attending genetic tests pursuant to judicial order.
• Paying court-ordered child support to the Department or its designee.
Acts of cooperation for custodial and noncustodial parents do not include involuntary participation in a polygraph, a requirement to sign a voluntary statement of paternity, relinquishment of the right to request a genetic test, or a requirement to sign a stipulation for a child support order.
The child support agency determines if an individual is not cooperating with child support services. The child support agency may determine that a custodial parent is not cooperating if, without adequate reason, the custodial parent misses two consecutive agency appointments; misses one agency appointment and fails to respond to a written communication from the agency within a 90-day period; or fails to appear for a hearing, other legal proceeding, or a genetic test. Adequate reason includes personal or family illness or injury; family crisis; breakdown in transportation arrangements; inclement weather that causes a general breakdown in travel; demonstrable mail problem that could result in the failure to receive a hearing notice, appointment notice, or written request for information; or other reasonable circumstances as determined by the child support agency.
The child support agency may determine that a noncustodial parent is not cooperating if the noncustodial parent is the subject of a warrant relating to paternity or support, including a criminal warrant for failure to support pursuant to s.
948.22, Stats., a civil warrant for contempt of court pursuant to ch.
785, Stats., or an arrest warrant pursuant to s.
818.02 (5) or
(6), Stats., excluding a warrant issued for failure to effect service of process.
An individual who wants to restore cooperative status after being determined noncooperative must demonstrate cooperation by performing the action required for the child support agency or court to proceed with the case. The child support agency shall provide the individual who has been found noncooperative with the opportunity to resume cooperation within 30 days of contacting the child support agency to express an intent to cooperate. When a rescheduled court hearing cannot occur within 30 days, the child support agency shall either lift the noncooperation determination upon contact from the individual or make it possible for the individual to perform some other required activity within 30 days of the contact.
The W-2 agency shall provide a written notice describing the cooperation requirements and the right to good cause as an exception to the cooperation requirements to all applicants and participants of Wisconsin works. The notice shall be provided to applicants when they apply for W-2 and to participants when a child is added to the W-2 group, at reapplication for continued benefits, and if a participant discloses to his or her W-2 financial and employment planner that the participant is experiencing circumstances that may meet the good cause criteria.
A custodial or noncustodial parent may request a good cause exemption from the cooperation requirements when it is in the best interest of the child or parent. Good cause for a custodial or noncustodial parent?s failure to cooperate exists when the W-2 agency determines that any of the following criteria applies:
• Cooperation is reasonably anticipated to result in either physical or emotional harm to the child, including threats of illegal child kidnapping or domestic abuse.
• Cooperation is reasonably anticipated to result in either physical or emotional harm to the parent, including domestic abuse.
• Cooperating with the child support agency would make it more difficult for the individual to escape domestic abuse.
• The child was conceived as a result of incest or sexual assault.
• The parent is being assisted by a public or licensed private social services agency in deciding whether to terminate parental rights and discussions have not gone on for more than 3 months.
• A petition for the adoption of the child has been filed with a court, except this does not a apply as a good cause exemption from the responsibility to make payments under an existing court order.
A W-2 agency shall provide a written good cause claim form to any W-2 applicant or participant on request. The claim form shall describe the good cause criteria and appropriate documentation to corroborate a good cause claim. An applicant or participant may file a good cause claim with the W-2 agency at any time. The applicant or participant shall specify the circumstances that the applicant or participant believes provide sufficient good cause for not cooperating and shall indicate whether the applicant or participant requests that the child support agency proceed without his or her cooperation if good cause is granted, if that is possible. Upon receipt of the good cause claim, the W-2 agency shall notify the child support agency within 2 days that no further action may be taken until it is determined whether good cause exists. The applicant or participant may submit corroborative evidence to the W-2 agency within 20 days from the day the claim was made. If the good cause claim is based on domestic abuse and no corroborative evidence is currently available, the W-2 agency may permit the applicant or participant to submit evidence to the W-2 agency within 60 days from the date the claim was made.
If an individual is cooperating with the W-2 agency in furnishing evidence and information to be used in determining the good cause claim and other eligibility criteria are met, Wisconsin Works shall not be denied, delayed, reduced, or discontinued pending the determination of a good cause claim.
The W-2 agency shall require an applicant or participant who claims a good cause exemption to submit at least one document of corroborative evidence in addition to the applicant or participant's statement. The W-2 agency may investigate any good cause claim when the applicant or participant's statement and corroborative evidence does not provide sufficient basis for determination. The W-2 agency may contact the child support agency in the course of the investigation, but may not contact the individual alleged to have committed acts that are the basis of good cause claim based on domestic abuse, physical or emotional harm, or incest or sexual assault.
The child support agency shall be given the opportunity to review and comment on the findings of the W-2 agency prior to the final determination on good cause in all good cause claims. The W-2 agency shall determine if good cause exists within 45 days from the date the claim was signed, unless an extension to submit evidence was granted to the applicant or participant or more time is necessary for the W-2 agency to obtain evidence. If the W-2 agency allowed up to 60 days to submit evidence for a claim of domestic abuse, the agency must determine if good cause exists within 85 days from the date the claim was signed.
If the W-2 agency determines that the applicant or participant does not have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall notify the child support agency that it may proceed with child support services and require the cooperation of the applicant or participant. The W-2 agency shall promptly notify the applicant or participant of the determination and the right to a review of the agency decision. The child support agency shall not proceed with child support services for 10 days from the date of the notice to the applicant or participant to allow the individual the opportunity to withdraw the application, request the case be closed, or request a review of the agency decision.
If the W-2 agency determines that the applicant or participant does have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall direct the child support agency to suspend all further case activities if the applicant or participant did not request the child support agency to proceed without his or her cooperation. The W-2 agency shall notify the child support agency that it may proceed with child support services without the cooperation of the applicant or participant if the applicant or participant did request that the child support agency proceed without his or her cooperation. If good cause was granted for criteria in s.
DWD 15.05 (1) to
(4), the child support agency shall send a notice to the individual alleged to have committed the acts that are the basis of the good cause claim that states that the agency is proceeding without the cooperation of the applicant or participant. The W-2 agency shall promptly notify the applicant or participant of the determination and the basis for the determination in writing.
A Wisconsin Works group that includes an applicant or participant who fails to cooperate with the child support agency without good cause is ineligible to receive Wisconsin Works until cooperation with the child support agency occurs. An individual who is a member of a W-2 group that fails 3 times to meet the cooperation requirements without good cause remains ineligible until all of the members of the W-2 group cooperate or for a period of 6 months, whichever is later. A custodial parent with a child under 60 days old is exempt from sanction for refusing to cooperate with requirements for that child.
A Wisconsin Works applicant or participant who is denied a good cause exemption from the requirement of cooperation with the child support agency or who disputes any decision by the W-2 agency may petition the W-2 agency for a review of the agency decision. A Wisconsin works applicant or participant who is denied eligibility based on a noncooperation determination by a child support agency may petition the child support agency for review of the agency decision. The procedures of s.
DWD 12.22 apply to the review, except that the applicant or participant may submit a request for review to the child support agency, the child support agency will conduct the fact-finding procedure, and the applicant or participant or a representative may appear for the fact-finding via telephone conference if the child support agency is in a different county than the applicant or participant's current residence. The child support agency shall be given reasonable notice and may participate in any fact-finding or hearing resulting from a good cause investigation or good cause determination.
The W-2 agency shall review good cause exemptions that are based on circumstances subject to change at each redetermination of eligibility or upon new evidence. Good cause determinations based on permanent circumstances need not be reviewed. If the W-2 agency determines that good cause for noncooperation no longer exists, the parent shall be allowed 10 days before cooperation requirements are imposed to request that the case be closed or request an agency review.
Initial Regulatory Flexibility Analysis
Privately-run W-2 agencies will be affected by the rule change, but the rule will not have a significant economic impact because there is no material change from current procedures.
Fiscal Impact
The proposed rule has no significant fiscal effect.
Contact Information
A paper copy may be obtained at no charge by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than May 3, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.124 (1g) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider ch.
DWD 19, relating to child support cooperation for food stamps.
Hearing Information
May 1, 2002 GEF 1 Building, Room B103
Wednesday 201 E. Washington Avenue
1:00 p.m. Madison
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.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. 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.
Analysis Prepared by the Department of Workforce Development
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 allows states to require food stamp recipients to cooperate with child support services as a condition of food stamp eligibility and to disqualify individuals who are in arrears in court-ordered child support payments. Wisconsin adopted these federal options in
1997 Wis. Act 27. The federal Food and Nutrition Service announced the final rule affecting states who chose to adopt these options in the Federal Register on January 17, 2001, with a mandatory implementation date of October 1, 2001.
This proposed rule specifies the cooperation requirements and good cause exemptions for custodial parents or other individuals who live with and exercise parental control over a child who is under the age of 18 and who has an absent parent, noncustodial parents, and alleged fathers under the food stamp program in Wisconsin. A custodial parent or other individual who lives with and exercises parental control over a child who is under 18 years old and who has an absent parent must cooperate with efforts directed at identifying and locating the absent parent of the child, establishing paternity of a nonmarital child, establishing or enforcing a support order, and obtaining other payments or property to which that custodial parent, individual who exercises parental control, or child may have rights. An alleged father or a noncustodial mother must cooperate with efforts directed at establishing the paternity of the child. A noncustodial parent must cooperate with efforts directed at providing or obtaining support for the child. If an individual is receiving W-2 or Medicaid and has already been determined to be cooperating with the child support agency or has been determined to have good cause for not cooperating, then the income maintenance agency will determine the individual to be cooperating with these requirements for food stamp purposes.
Acts of cooperation for an alleged father, noncustodial parent, and a custodial parent or other individual who lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent include providing verbal information, written information, or other evidence known to, possessed by, or reasonably obtainable by the individual subject to the cooperation requirements and appearing at hearings or other legal proceedings. In addition to these requirements, acts of cooperation for a custodial parent or other individual who lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent include attending interviews and responding to written requests for information by the child support agency, paying court-ordered child support received directly from the noncustodial parent to the department or its designee, and providing information or signing an affidavit declaring a lack of information, subject to penalty of false swearing pursuant to s.
946.32, Stats.
Acts of cooperation for a custodial parent also include attending genetic tests pursuant to judicial or administrative order. Acts of cooperation for an alleged father include attending genetic tests pursuant to judicial order, and acts of cooperation for a noncustodial parent include paying court-ordered child support to the department or its designee pursuant to s.
767.29, Stats.
Acts of cooperation do not include involuntary participation in a polygraph, a requirement to sign a voluntary statement of paternity, relinquishment of the right to request a genetic test, or a requirement to sign a stipulation for a child support order.
The child support agency determines if an individual is not cooperating with child support services. The child support agency may determine that a custodial parent or other individual who lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent is not cooperating if, without adequate reason, the individual misses two consecutive agency appointments, misses one agency appointment and fails to respond to a written communication from the agency within a 90-day period, or fails to appear for a hearing or other legal proceeding. In addition, the child support agency may determine that a custodial parent is not cooperating if the individual fails to appear for a genetic test. Adequate reason for failure to comply with these requirements includes personal or family illness or injury; family crisis; breakdown in transportation arrangements; inclement weather that causes a general breakdown in travel; demonstrable mail problem that could result in the failure to receive a hearing notice, appointment notice, or written request for information; or other reasonable circumstances as determined by the child support agency.
The child support agency may determine that a noncustodial parent or alleged father is not cooperating if the noncustodial parent or alleged father is the subject of a warrant relating to paternity or support, including a civil warrant for contempt of court pursuant to ch.
785, Stats., or an arrest warrant pursuant to s.
818.02 (5) or
(6), Stats., excluding a warrant issued for failure to effect service of process. The child support agency may determine that a noncustodial parent is not cooperating if the individual is the subject of a criminal warrant for failure to support pursuant to s.
948.22, Stats.
The child support agency may also determine that a noncustodial parent is not cooperating if the noncustodial parent fails to pay court-ordered child support so that the delinquency balance is three months or more of the court-ordered payment amount unless the court or child support agency is allowing the parent to delay payments or the parent is in compliance with a payment plan approved by the child support agency. Under federal law, a parent who is obligated by court order to provide child support payments and is delinquent in that month is ineligible for food stamps unless a court or child support agency is allowing the individual to delay the child support payments or the individual is complying with a payment plan approved by a child support agency.
7 CFR 273.11(q)(2)(iii) allows states the option to determine that an individual has good cause for nonsupport. Under this rule and s.
49.124 (1g) (e) 1., Stats., a delinquency that equals less than 3 months of the court-ordered support payments will be automatically deemed good cause for nonsupport. This rule also adopts the federal option to limit arrears disqualification to noncustodial parents.
An individual who wants to restore cooperative status after being determined noncooperative must demonstrate cooperation by performing the action required for the child support agency or court to proceed with the case. The child support agency shall provide the individual who has been found noncooperative with the opportunity to resume cooperation within 30 days of contacting the child support agency to express an intent to cooperate. When a rescheduled court hearing cannot occur within 30 days, the child support agency shall either lift the noncooperation determination upon contact from the individual or make it possible for the individual to perform some other required activity within 30 days of the contact.
The income maintenance agency shall issue a written notice describing the cooperation requirements and the right to good cause as an exception to the cooperation requirements to all applicants and recipients of food stamps. The notice shall be provided to applicants when they apply for food stamps and to recipients when a child is added to the food stamp household, at reapplication for continued benefits, and if a recipient discloses to his or her income maintenance worker that the recipient is experiencing circumstances that may meet the good cause criteria.
A custodial parent or other individual who lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, noncustodial parent, or alleged father may request a good cause exemption from the cooperation requirements when it is in the best interest of the child. Good cause for failure to cooperate exists when the income maintenance agency determines that any of the following criteria applies:
• Cooperation is reasonably anticipated to result in either physical or emotional harm to the child, including threats of illegal child kidnapping or domestic abuse.
• Cooperation is reasonably anticipated to result in either physical or emotional harm to the parent, including domestic abuse.
• Cooperating with the child support agency would make it more difficult for the individual to escape domestic abuse or unfairly penalize the individual who is or has been victimized by such abuse, or the individual who is at risk of further domestic abuse.
• The child was conceived as a result of incest or sexual assault.
• The parent is being assisted by a public or licensed private social services agency in deciding whether to terminate parental rights and discussions have not gone on for more than 3 months.
• A petition for the adoption of the child has been filed with a court, except this does not apply as a good cause exemption from the responsibility to make payments under an existing court order.
• A noncustodial parent's delinquency equaled less than 3 months of the court-ordered support payments during the previous month.
• Any other good cause criteria used in the Wisconsin works program.
An income maintenance agency shall provide a written good cause claim form to any food stamp applicant or recipient on request. The claim form shall describe the good cause criteria and appropriate documentation to corroborate a good cause claim. An applicant or recipient may file a good cause claim with the income maintenance agency at any time. The applicant or recipient shall specify the circumstances that the applicant or recipient believes provide sufficient good cause for not cooperating and shall indicate whether the applicant or recipient requests that the child support agency proceed without his or her cooperation if good cause is granted, if that is possible. Upon receipt of the good cause claim, the income maintenance agency shall notify the child support agency within 2 days that no further action may be taken until it is determined whether good cause exists. The applicant or recipient may submit corroborative evidence to the income maintenance agency within 20 days from the day the claim was made. If the good cause claim is based on domestic abuse and no corroborative evidence is currently available, the income maintenance agency may permit the applicant or participant to submit evidence to the income maintenance agency within 60 days from the date the claim was made.
If an individual is cooperating with the income maintenance agency in furnishing evidence and information to be used in determining the good cause claim and other eligibility criteria are met, food stamps shall not be denied, delayed, reduced, or discontinued pending the determination of a good cause claim.
The income maintenance agency shall require an applicant or recipient who claims a good cause exemption to submit at least one document of corroborative evidence in addition to the applicant or recipient's statement. The income maintenance agency may investigate any good cause claim when the applicant or recipient's statement and corroborative evidence does not provide sufficient basis for determination. The income maintenance agency may contact the child support agency in the course of the investigation, but may not contact the individual alleged to have committed acts that are the basis of good cause claim based on domestic abuse, physical or emotional harm, or incest or sexual assault.
The child support agency shall be given the opportunity to review and comment on the findings of the income maintenance agency prior to the final determination on good cause by the income maintenance agency in all good cause claims. The income maintenance agency shall determine if good cause exists within 45 days from the date the claim was signed, unless an extension to submit evidence was granted to the applicant or recipient or more time is necessary for the income maintenance agency to obtain evidence. If the income maintenance agency allowed up to 60 days to submit evidence for a claim of domestic abuse, the agency must determine if good cause exists within 85 days from the date the claim was signed.
If the income maintenance agency determines that the applicant or recipient does not have good cause for failing to cooperate with efforts directed at establishing paternity, establishing or enforcing a support order, obtaining other payments or property to which an individual or child may have rights, and providing or obtaining support for the child, the income maintenance agency shall notify the child support agency that it may proceed with child support services and require the cooperation of the applicant or recipient. The income maintenance agency shall promptly notify the applicant or recipient of the determination and the right to a review of the agency decision. The child support agency shall not proceed with child support services for 10 days from the date of the notice to the applicant or recipient to allow the individual the opportunity to withdraw the application or request the case be closed, exclude allowable individuals from the food stamp household, or request a review of the agency decision.
If the income maintenance agency determines that the applicant or recipient does have good cause for failing to cooperate with efforts directed at establishing paternity, establishing or enforcing a support order, obtaining other payments or property to which an individual or child may have rights, and providing or obtaining support for the child, the income maintenance agency shall direct the child support agency to suspend all further case activities if the applicant or recipient did not request the child support agency to proceed without his or her cooperation. The income maintenance agency shall notify the child support agency that it may proceed with child support services without the cooperation of the applicant or recipient if the applicant or recipient did request that the child support agency proceed without his or her cooperation. The income maintenance agency shall promptly notify the applicant or recipient of the determination and the basis for the determination in writing. If good cause was granted for criteria in s.
DWD 19.05 (1) to
(4), the child support agency shall send a notice to the individual alleged to have committed acts that are the basis of the good cause claim that states that the agency is proceeding without the cooperation of the applicant or recipient.
A member of a food stamp household who is required to cooperate with efforts directed at establishing paternity, establishing or enforcing a support order, obtaining other payments or property to which an individual or child may have rights, or providing or obtaining support for the child and refuses to cooperate without good cause shall be ineligible to participate in the food stamp program. Other individuals in that food stamp household who are cooperating or who do not have cooperation requirements are eligible to receive food stamps. A woman who is pregnant or a custodial parent with a child who is under 60 days old is exempt from sanction for failing to cooperate with requirements for any child. A minor parent is exempt from sanction for failing to comply with the cooperation requirements.
A food stamp applicant or recipient who is denied eligibility based on a determination that the individual has refused to cooperate or is denied a good cause exemption from the child support cooperation requirement may request a departmental review. A food stamp applicant or recipient who is denied eligibility based on a determination of noncooperation by the child support agency is encouraged, but not required, to file an administrative complaint with the child support agency to attempt to resolve the matter upon agreement of all parties. The child support agency shall be given reasonable notice and may participate in any hearing resulting from a good cause investigation or good cause determination.
The income maintenance agency shall review good cause exemptions that are based on circumstances subject to change at each redetermination of eligibility or upon new evidence. Good cause determinations based on permanent circumstances need not be reviewed. If the income maintenance agency determines that good cause for noncooperation no longer exists, the recipient shall be allowed 10 days before cooperation requirements are imposed to request that the case be closed, exclude allowable individuals from the food stamp household, or request a review of the agency decision.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business as defined in s.
227.114, Stats.
Fiscal Impact
The proposed rule has no significant fiscal effect.
Contact Information
A paper copy may be obtained at no charge by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than May 3, 2002, will be given the same consideration as testimony presented at the hearing.
