Subject
Objective of the rule. This rule making will create ch.
Trans 515, relating to contractual service procurement, pursuant to
2005 Wis. Act 89, which requires the Department to perform a cost benefit analysis prior to contracting out engineering and other specialized services under s.
84.01 (13), Stats., that are estimated to cost $25,000 or more.
Policy analysis
The Department has traditionally made decisions to contract out for engineering and other specialized services under s.
84.01 (13), Stats., using information from a variety of sources, including resource modeling, performance measures and contract by contract cost comparison.
2005 Wisconsin Act 89 requires the Department to conduct a cost benefit analysis for each proposed engagement of engineering or other technical services expected to cost $25,000 or more. The proposed rule will implement the requirements of the statute and provide guidance for Department employees in conducting the analysis.
Entities affected by the rule
No outside entities are directly impacted by the proposed rule as its requirements will be fulfilled by Department employees. Collective bargaining organizations representing state employees, as well as consulting firms, have an interest in the provisions of the rule as the outcomes of decisions made under the rule may affect the amount of work available to them to perform.
Statutory authority
Staff time required
It estimated that it will take a total of 200 staff hours to develop.
Workforce Development
Subject
Notifying W-2 participants of payment reductions and case closures and determining good cause for failing to comply with W-2 participation requirements.
Policy analysis
Section
49.153 (1), Stats., as created by
2005 Wisconsin Act 25, provides that before taking any action against a Wisconsin Works (W-2) participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's W-2 eligibility, a W-2 agency must provide the W-2 participant with written notice of the proposed action and the reasons for the proposed action; make reasonable attempts to explain to the W-2 participant orally in person or by phone the reasons for the proposed action; and allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action. Section
49.153 (2), Stats., provides that the Department shall promulgate rules that establish the procedures for the notice and explanation and that define “reasonable attempts" and “reasonable time" as used in s.
49.153 (1), Stats.
The Department proposes that the W-2 agency will provide the required written notice to the participant. Within 5 days after the mailing date of the written notice, the W-2 agency must either orally notify or make reasonable attempts to orally notify the participant of the proposed action and the reason for the proposed action.
The W-2 agency may notify the participant by phone calls at the participant's home, child care provider, message phone, or work site or in person at the participant's home, child care provider, work site, or the W-2 agency. The oral notification shall include telling the participant which activities were missed, discussing the reason for the nonparticipation, providing the participant the opportunity to present good cause for failing to participate, and informing the participant of the right to appeal the agency decision. Two or more attempts using any of the methods described above will be considered “reasonable attempts" at notification.
The W-2 participant will have 7 working days after the oral notification or after the W-2 agency's last attempt to make oral notification as “reasonable time" to rectify the deficiency, failure, or other behavior. If the deficiency, failure, or other behavior that caused the payment reduction is rectified too late in the W-2 payment cycle to avoid a payment reduction, the W-2 agency shall promptly initiate a supplemental payment.
In addition, the Department proposes to amend s.
DWD 12.20 relating to good cause for failing to comply with W-2 participation requirements. Section
49.148, Stats., provides that for every hour that a W-2 participant in a community service job or transitional placement fails to participate in an assigned activity without good cause, the participant's grant amount shall be reduced by $5.15. Good cause is to be determined by the W-2 financial and employment planner (FEP) in accordance with rules promulgated by the department. Also, s.
49.151, Stats., and s.
DWD 12.21 provide that a participant who refuses to participate 3 times in any W-2 employment position component is ineligible to participate in that component. The definition of the more serious “refuses to participate" includes fails to appear for an interview with a prospective employer or fails to appear for an assigned activity without good cause under s.
DWD 12.20 as determined by the W-2 agency and voluntarily leaves appropriate employment or training without good cause under s.
DWD 12.20 as determined by the W-2 agency.
The current s.
DWD 12.20 provides that good cause for failing to comply with the W-2 participation requirements includes a required court appearance, unavailability of child care that is necessary to participate in required activities, and other circumstances beyond the control of the participant as determined by the FEP. The W-2 participant must provide timely notification of the good cause reason to the FEP.
The Department proposes to amend s.
DWD 12.20 to add 10 specified circumstances that constitute good cause, including lack of transportation, inclement weather, school emergency, death in immediate family, and observance of a religious holiday. The Department also proposes that a W-2 participant must notify the FEP of good cause within 7 working days after an absence from a W-2 assigned activity to prevent a payment reduction.
The proposed good cause amendments are based on the recommendations in the W-2 Sanctions Study released by the Department in December 2004. The purpose of the study was to provide information to support the Department's commitment to ensure that W-2 sanctions are not applied due to factors such as an individual's race, ethnicity, geographic location, employment barriers, or other issues that have not been adequately identified or addressed by the participant's FEP. The W-2 Sanctions Study incorporated the findings of a steering committee that consisted of W-2 agency administrators, state administrators, representatives of client advocacy groups, and academics.
Entities affected by the rule
W-2 agencies and participants
Comparison with federal regulations
If an individual refuses to engage in work, the state must reduce or terminate the amount of payable to the family, subject to any good cause exceptions the state may establish. The state must, at a minimum, reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during the month in which the individual refuses to work. The state may not reduce assistance based on an individual's refusal to engage in work if the individual is a single custodial parent caring for a child under age 6 who has a demonstrated inability to obtain needed child care.
Statutory authority
Staff time required
175 hours.
