State of Wisconsin
Department of Workforce Development
NOTICE OF PUBLIC HEARING
Appeal Procedures for Vocational Rehabilitation Services
Ch. DWD 75, Wis. Admin. Code The Wisconsin Department of Workforce Development (DWD) announces that it will hold a public hearing on a permanent rule relating to appeal procedures for vocational rehabilitation services.
DWD will hold a public hearing on September 2, 2015 at 1:30 p.m. 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. Written comments will be accepted until Friday, September 4, 2015. Comments may be sent to the Division of Vocational Rehabilitation to the address below, or to Kathleen.Enders@dwd.wi.gov or to http://adminrules.wisconsin.gov. You can obtain a free copy of the hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Workforce Development, Division of Vocational Rehabilitation, P.O. Box 7852, Madison, WI 53707-7852. You can also obtain a copy by calling (414) 750-0268 or by emailing Kathleen.Enders@dwd.wi.gov. Copies will also be available at the hearings. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov. Comments or concerns relating to small business may also be addressed to DWD’s small business regulatory coordinator Howard Bernstein at the address above, or by email to Howard.Bernstein@dwd.wi.gov, or by telephone at (608) 266-9427. 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 regarding communication or accessibility at the hearing, please call (608) 261-6805 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.
Hearing Date and Location:
Wednesday, September 2, 2015, 1:30 p.m.
Department of Workforce Development
201 East Washington Avenue, Room F107
Madison, WI 53707
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Analysis Prepared by the Department of
Workforce Development
Statutes interpreted
Statutes Interpreted: Section 47.02, Stats. Statutory authority
Statutory Authority: Section 47.02 (5), Stats. Explanation of statutory authority
Chapter 47, Stats., governs the vocational rehabilitation program and adopts methods of administering the vocational rehabilitation program to maximize federal participation. Under s. 47.02 (5), Stats., any person aggrieved by a determination of eligibility or ineligibility for vocational rehabilitation services, or by the furnishing or denial of vocational rehabilitation services, may commence an appeal as provided under the rules promulgated by the department. Related statutes or rules
Wisconsin statutes and rules relating to the appeal procedures for vocational rehabilitation services are set forth in ch. 47, Stats., and ch. DWD 75, Wis. Admin. Code. Plain language analysis
The proposed rule will do all of the following:
Definitions and Terms
Updates the existing rule by creating and defining "administrator's representative," "contract administrator," "determination of ineligibility," "hearing officer," and "secretary" for clarity.
Repeals the definition "appellant," which is obsolete. The proposed rule incorporates the use of applicant or eligible individual, or representative of the applicant or eligible individual to be consistent with federal regulations.
Modifies the terms "appeal," "hearing," "hearing coordinator," "hearing request," "intent to review," "party," "representative," and "Wisconsin client assistance program" for clarity.
Replaces the term "IWRP" with "IPE" and "prehearing interview" with "prehearing conference."
Changes the definition of "order of selection" to be consistent with federal regulations.
