•
Fails, without good cause, to appear for an interview with a prospective employer or fails to appear for an assigned activity if the individual is a participant in a W-2 transitional placement.
•
Voluntarily leaves appropriate employment or training without good cause.
•
Loses employment as a result of being discharged for cause.
•
Demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a W-2 employment position.
Section
49.153 (1), Stats., as created by
2005 Wisconsin Act 25 and affected by
2009 Wisconsin Act 28 and
2011 Wisconsin Act 32, provides that before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in W-2, a W-2 agency shall do all of the following:
(a) Provide to the participant written notice of the proposed action and of the reasons for the proposed action.
(c) After providing the notice under par. (a), allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.
Section
49.153 (2), Stats., as created by
2005 Wisconsin Act 25 and affected by
2011 Wisconsin Act 32, provides that the department shall promulgate rules that establish procedures for the notice under sub. (1) (a) and define “reasonable time" for the purpose of sub. (1) (c).
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
175 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
W-2 agencies, W-2 participants, and nonparticipant parents required to work under the 2-parent family requirement in s.
49.15 (2), Stats.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
If an individual refuses to engage in work, the state must reduce or terminate the amount 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.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
No or minimal impact.
Contact Person
Margaret McMahon, Division of Family and Economic Security
(608) 266-1717
Children and Families
This statement of scope was approved by the governor on June 8, 2012.
Rule No.
Relating to
Child care vehicle safety alarms.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The proposed rules will incorporate the requirements of s.
48.658, Stats., regarding child care vehicle safety alarms into the child care certification and licensing rules.
Detailed Explanation of Statutory Authority for the Rule
Section
48.658, Stats., as created by
2009 Wisconsin Act 19, requires a child care vehicle that meets certain criteria to have a child safety alarm that will prompt the driver of the vehicle to inspect the vehicle for children before exiting the vehicle. Vehicles that meet the following criteria must be have a child safety alarm installed:
•
The vehicle is used to transport children to and from the child care provider.
•
The vehicle has a seating capacity of 6 or more passengers in addition to the driver.
•
The vehicle is owned or leased by a child care provider or a contractor of a child care provider.
A person who is required to have a child safety alarm installed shall ensure that the alarm is properly maintained and in good working order each time the child care vehicle is used for transporting children to or from a child care provider.
Section
48.658 (4) (a), Stats., directs the department to promulgate rules to implement s.
48.658, Stats. Those rules shall include a rule requiring the department, whenever it inspects a child care provider that is licensed under s.
48.65 (1), Stats., or established or contracted for under s.
120.13 (14), Stats., and a county department, whenever it inspects a child care provider that is certified under s.
48.651, Stats., to inspect the child safety alarm of each child care vehicle that is used to transport children to and from the child care provider to determine whether the child safety alarm is in good working order.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Child care providers and certification agencies.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
No or minimal impact.
Contact Person
For licensed child care:
Anne Carmody
Bureau of Early Care Regulation
(608) 267-9761
For certified child care:
Jolene Ibeling
Bureau of Early Care Regulation
(608) 267-2079
Financial Institutions — Banking
This statement of scope was approved by the governor on May 23, 2012.
Rule No.
DFI-Bkg 78.
Relating to
Title loans.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
As a result of the passage of
2011 Wisconsin Act 32, a licensed lender that holds the proper certificate of authorization may make title loans. However, no licensed lender may make a title loan to a borrower that results in the borrower having liability for the loan, in principal, of more than 50 percent of the retail value of the motor vehicle used as security for the loan.
The objective is to promulgate a rule for determining the retail value of a motor vehicle, including specifying nationally recognized pricing guides that may be used for determining retail value at the time of loan origination.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Current policy: Since July 1, 2011, a licensed lender that holds a certificate of authorization issued by the division of banking can make title loans. No title loan that results in the borrower having liability for the loan, in principal, of more than 50 percent of the retail value of the motor vehicle used as security for the loan, may be made. Currently, there is no rule setting forth how the lender should determine the retail value of the vehicle.
Proposed change: Create a rule that sets forth how the lender should determine the retail value of a motor vehicle, including specifying nationally recognized pricing guides that may be used for determining retail value at the time of loan origination.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
138.16 (2), Stats., which states that “[t]he division shall promulgate rules for determining the retail value of a motor vehicle for purposes of this paragraph, including rules specifying nationally recognized pricing guides that may be used for determining retail value at the time of loan origination."
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 30 hours.
Description of all Entities that may be Impacted by the Rule
The proposed rule change would impact lenders licensed under s.
138.09, Stats., that are authorized to make title loans and consumers obtaining title loans from such licensees. No impact is expected for business associations, public utility rate payers, or local government units.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
DFI is unaware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated Economic Impact of Implementing the Rule
The division anticipates that any economic impact of implementing the rule would be minimal.
Contact Person
Eric Knight
Executive Assistant
Department of Financial Institutions
Hearing and Speech Examining Board
