Summary of, and comparison with, existing or proposed federal statutes and regulations
Under 29 USC 722 (c), each state is required to establish procedures for mediation of, and procedures for review through an impartial due process hearing of determinations made by personnel of the designated State unit that affect the provision of vocational rehabilitation services to applicants or eligible individuals. Under 34 CFR part 361, general guidelines and procedures for the review of determinations made by designated State unit personnel are provided in full detail. The Federal Rehabilitation Act of 1973 (Act) as amended, is a federal law designed to protect individuals with disabilities and prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance.
Comparison with rules in adjacent states
Federal law requires all states to develop and implement procedures to ensure that an applicant or eligible individual who is dissatisfied with any determination that affects the provision of vocational rehabilitation services may request, or, if appropriate, may request through the individual's representative, a timely review of that determination. All surrounding states are implementing federal requirements and therefore are similar to Wisconsin rules.
Summary of factual data and analytical methodologies
Proposed rule changes were developed after reviewing state statute and federal regulations.
Analysis and supporting documents used to determine effect on small business or in preparation of the economic impact analysis
The proposed rule does not have an economic impact on small businesses as defined in s. 227.114 (1), Stats., and no analysis is required. The department posted the proposed rule online for 14 days to solicit public comment on the economic impact. No public comments were received on the economic impact. Effect on small business
The proposed rule does not have an effect on small business.
Agency contact person
Kathleen Enders, Program and Policy Analyst
Department of Workforce Development
Division of Vocational Rehabilitation
P. O. Box 7852
Madison, WI 53707-7852
Telephone: (414) 750-0268
Place where comments are to be submitted and deadline for submission
Kathleen Enders, Program and Policy Analyst
Department of Workforce Development
Division of Vocational Rehabilitation
P. O. Box 7852
Madison, WI 53707-7852
Telephone: (414) 750-0268
The department held a public hearing on September 2, 2015 and is no longer accepting comments on the rule.
SECTION 1. DWD 75.01 is amended to read:
DWD 75.01 Authority and purpose. This chapter is promulgated under the authority of ss. 47.02(5) and 227.11(2)(a) 103.005 (1), Stats., and in conformity with requirements under 29 USC 711 (c) and 722(d) 722 (c), and 34 CFR 361.48 361.57, to establish develop and implement procedures for an applicant or eligible individual appealing decisions the determination of ineligibility for services or the decision of the furnishing or denial of services issued by the department’s division of vocational rehabilitation concerning eligibility for services or the furnishing or denial of services under the rehabilitation act of 1973, as amended. SECTION 2. DWD 75.02 is amended to read:
DWD 75.02 Applicability. This chapter applies to the department, to applicants for and recipients of services under the act eligible individuals, and the representative of the applicant or eligible individual. An applicant or eligible individual who wish to appeal decisions of is dissatisfied with any determination issued by the department’s division of vocational rehabilitation concerning eligibility for or the furnishing or denial of services under the act, and to or a decision issued by a hearing officers appointed to hear the appeals officer that affects the provisions of vocational rehabilitation services, may request a timely review of that determination or decision.
SECTION 3. DWD 75.03 (2m) is created to read:
DWD 75.03 (2m) “Administrator's representative” means an employee of the department designated by the administrator to represent the department at each hearing.
SECTION 4. DWD 75.03 (3) is amended to read:
DWD 75.03 (3) “Appeal” means a request for relief filed with the division by the applicant or eligible individual based a on the determination of ineligibility of services or the decision of the furnishing or denial of services issued by the division relating to eligibility for services or the furnishing or denial of services under the act.
SECTION 5. DWD 75.03 (3m) is created to read:
DWD 75.03 (3m) "Contract administrator" means an employee of the department responsible for administering the contracts with the hearing officer.
SECTION 6. DWD 75.03 (4) is repealed.
SECTION 7. DWD 75.03 (5r) is created to read:
DWD 75.03 (5r) “Determination of ineligibility” means a determination issued by the department to an individual who applies for vocational rehabilitation services and is determined not to be eligible for the services; or a decision issued by the department to an eligible individual receiving services under an IPE and is determined to no longer be eligible for services.
SECTION 8. DWD 75.03 (8) and (9) are amended to read:
DWD 75.03 (8) “Hearing” means a formal review by an impartial hearing officer of a the determination of ineligibility for services or the decision of the division furnishing or denial of services issued by an impartial hearing officer the division.
(9) “Hearing coordinator” means the person an employee of the department within the division who maintains the records of hearings under the act, contacts hearing officers to initiate schedule hearings and ensures that required time limits requirements for the completion and reporting of hearings are observed.
SECTION 9. DWD 75.03 (10) to (16) are amended to read:
DWD 75.03 (10) “Hearing request” means a written request for a hearing signed by an appellant or an appellant’s representative which states the issue involved in the appeal and the desired outcome applicant or eligible individual to appeal a determination of ineligibility of services or the decision of the furnishing or denial of services.
(11) “Intent to review” means that the administrator department will review the decision of a hearing officer to determine if the decision will be allowed to stand or will be modified as provided by the act.
(12) “IWRP” “IPE” means individualized written rehabilitation program plan for employment.
(13) “Order of selection” has the meaning prescribed in s. DWD 65.03 (17) means the order of priority for service, by category, required by 29 USC 721 (a) (5) (A) to ensure that clients with the most severe functional limitations who need multiple services over an extended period of time are served before clients who have less severe functional limitations or do not require multiple services over an extended period of time. (14) “Party” means the appellant or appellant’s an applicant or eligible individual, or the representative of the applicant or eligible individual, or the administrator’s representative.
(15) “Prehearing interview conference” means a joint face-to-face meeting, a telephone conference, separate meetings or separate telephone calls by the hearing officer with the parties prior to the hearing to formulate a statement of the issue or issues presented by an appeal, to identify potential witnesses, to establish a schedule for discovery and deadlines for exchange of witness lists and exhibits, to receive motions and to clarify any remaining issues to be considered or excluded from a hearing.
(16) “Representative” means a parent or, guardian of an appellant under age 18, a person designated in writing by an adult appellant as the , other family member or advocate designated in writing by the applicant or eligible individual, or a representative, a person of the applicant or eligible individual appointed by a court to represent an appellant or the person designated by the administrator as his or her representative for a hearing.
SECTION 10. DWD 75.03 (16m) is created to read:
DWD 75.03 (16m) "Secretary" means the secretary of the department.
