DEPARTMENT OF VETERANS AFFAIRS
ADOPTING PERMANENT RULES REGARDING VA 2.08
THE VETERANS EMPLOYMENT AND ENTREPENEURSHIP GRANT PROGRAM
The statement of scope for this rule to modify Chapter VA 2.08, SS 069-16, was approved by the Governor on July 22, 2016, published in Register No. 728A2 on August 8, 2016, and approved by Secretary John A. Scocos on August 19, 2016.
ORDER
The Department of Veterans Affairs proposes an order to create VA 2.08 (title), VA 2.08(1), VA 2.08(2), VA 2.08(3), VA 2.08(4) and VA 2.08(5).
RULE SUMMARY/ANALYSIS
PREPARED BY THE DEPARTMENT OF VETERANS AFFAIRS
1. Statute interpreted: Section 45.437 Stats.
2. Statutory authority: Sections 45.437(4), 45.03 (2) and 227.10 (2m)
3. Explanation of agency authority:
Act 385 creates s. 45.437, Stats., which provides the Department of Veterans Affairs authority to award grants to veterans, employers, and nonprofit or organizations to assist veteran entrepreneurs, to give employers in this state incentives to hire veterans, especially disabled veterans, to help fund employment training for veterans, especially disabled veterans, and for other programs or purposes as determined by the department by rule.
Section 45.437(4) explicitly directs the Department of Veterans Affairs to promulgate rules necessary to carry out the purposes of Chapter 45 and the powers and duties conferred upon it.
Section 45.03 (1), Stats., authorizes the Secretary of the Department of Veterans Affairs to promulgate rules necessary to carry out the purposes of Chapter 45 and the powers and duties conferred upon it.
Section 227.10 (1), Stats., directs each agency to promulgate as a rule each statement of policy to govern its enforcement and interpretation of a statute.
Section 227.10 (2m), Stats., directs each agency to promulgate rules for the implementation or enforcement of any standard, requirement, or threshold.
4. Related statutes or rules:
Section 45.47 provides the definition of a grant recipient, details a grant recipient’s record-keeping duties, and provides for reduction, suspension, or termination of funds to grant recipients, in addition to other legal remedies, should a grant recipient fail in those duties.
5. Plain language analysis:
The department proposes to promulgate the required rules detailing the goals grant recipients must meet and requiring that those goals be met before any grant moneys are disbursed, as well as regarding the reporting requirements regarding the expenditures of grant moneys, and audits of those records to ensure compliance.
The proposed new policies will establish the general criteria, procedures, requirements and conditions for employers and non-profit organizations to apply for grant funds not to exceed $500,000 in aggregate per fiscal year.
6. Summary of, and comparison with, existing or proposed federal statutes and regulations.
The Veterans Employment and Entrepreneurship Grant Program is administered under the authority of state law. There are no existing or proposed federal regulations that address the activities to be regulated by the rule.
7. Comparison with rules in adjacent states:
In reviewing the statutes, rules and websites of veterans departments of adjacent states revealed no similar grant program
8. Summary of factual data and analytical methodologies:
The Department analyzed the grant processes of state agencies experienced in the administration of grants and used those processes as a foundation for the rule and application procedures.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
There is no anticipated impact on small businesses.
10. Effect on small business:
There is no anticipated impact on small businesses.
10. Fiscal Estimate:
This rule will have no fiscal impact on small businesses. The program described by this rule may provide funds to some small businesses. It requires the completion of an application if the business wishes to receive grant funds, but imposes no duty on businesses not wishing to apply for the grant funds.
11. Comments and opinions prepared by the Board of Veterans Affairs under s. 45.03(2m), Stats.:
Comments will be made available after the board reviews the proposed language prepared in this rule-making order.
12. Agency contact person and place where comments are to be submitted and deadline for submission:
The public record on this proposed rule-making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony, or comments supplementing testimony offered at the hearing.
Prior to September 1, 2016, comments on proposed rules should be sent to:
Kelly Brady, paralegal
Office of Legal Counsel
Department of Veterans Affairs
201 W Washington Avenue
PO Box 7843
Madison, WI 53707-7843
Phone: 608-266-0518
Beginning September 1, 2016 comments on proposed administrative rules will be accepted through the Legislature's website at http://docs.legis.wisconsin.gov/code/comment. All submitted comments will be sent to the appropriate agency rules coordinators. It is necessary to include your contact information in your submitted comments if you wish to receive a response. The previous administrative rules website at health.wisconsin.gov/admnrules/public/Home will be decommissioned on September 1, 2016.
Section 1. VA 2.08 is created to read:
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.