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
______________________________________________________________________
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.Representative of an Applicant or Eligible Individual
The proposed rule clarifies that a representative of an applicant or eligible individual may invoke the provisions under this chapter.
Right to a Hearing
Under s. DWD 75.04 an individual may appeal a decision concerning eligibility for services or the furnishing or denial of services. The proposed rules clarifies an applicant or eligible individual, or the representative of the applicant or eligible individual, may appeal a determination of ineligibility for services or the decision of furnishing or denial of services whenever vocational rehabilitation services for an individual are denied, reduced, suspended or terminated. Requesting a Hearing
The proposed rule clarifies, but does not change the time limits for requesting a hearing. The rule clarifies a request for hearing must be filed within 12 months after a determination of ineligibility for services or the decision of the furnishing or denial or services was mailed to the applicant or eligible individual, or the representative of the applicant or eligible individual.
The proposed rule updates the requirements for filing a written hearing request and requires the applicant or eligible individual, or representative of the applicant or eligible individual, to state the issues involved in the appeal and the desired outcome on a form provided by the department.
Time Limit for Holding a Hearing
Under s. DWD 75.07 a hearing shall be held within 45 days of the receipt of the hearing request. The proposed rule changes, from 45 days to 60 days, the time period in which a hearing must be held within receipt of a hearing request. Filing Motions Relative to a Hearing
Under s. DWD 75.08 (5), a motion for a substitute hearing officer shall be filed with the hearing coordinator and the hearing coordinator forwards the request with their recommendation to the administrator with a copy of any relevant comments regarding that hearing officer's performance. If the motion is granted, the hearing coordinator assigns a different hearing officer. The proposed rule repeals this portion of the rule and requires a motion for a substitute hearing officer be filed with the hearing officer. In addition, the proposed rule clarifies, but does not change, current rules related to the hearing coordinator acknowledging a hearing request.
Services While a Hearing Officer's Decision is Pending
