PROPOSED ORDER OF THE STATE OF WISCONSIN
DEPARTMENT OF VETERANS AFFAIRS
ADOPTING EMERGENCY RULE 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.
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) relating to the Veterans Employment and Entrepreneurship Grant Program.
FINDING OF EMERGENCY
The Department of Veterans Affairs finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:
Due to the length of time that may be required to promulgate the rule an emergency rule is needed to ensure the DVA can provide funds early in Fiscal Year 2017 to employers to incentivize hiring of disabled veterans and entrepreneurial entities which will assist veterans in the development and growth of their own startup businesses, thereby helping improve the business startup environment within the state. Additionally, the grant can be used for employment training programs for veterans. The sooner the rule is promulgated, the sooner veteran students may be able to benefit from employment training aided by these grant funds. Unless a new rule is in place, DVA will be prevented from efficiently implementing and administering this program and applicants for the grants will not have clear guidance on program requirements by the effective date of this program. The promulgation of emergency rules will help ensure implementation of the program remains consistent through the completion of the permanent rule making process.
PREPARED BY THE DEPARTMENT OF VETERANS AFFAIRS
1. Statute interpreted: Section 45.437 Stats.
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: