Department of Veterans Affairs
In the matter of rulemaking proceedings before the Department of Veterans Affairs.
The statement of scope for this rule, SS 083-21, was approved by the Governor on
September 16, 2021, published in Register No. 789A3 on September 20, 2021, and approved for implementation by the Secretary of the Department of Veterans Affairs on October 1, 2021.
This emergency rule was approved by the Governor on January 13, 2022.
An order of the Department of Veterans Affairs to create VA 2.08 (3) (c), (km), (p), (q), and (r), and (6); relating to the employment and entrepreneurship grants transition program.
The Department of Veterans Affairs finds that an emergency exists and that the proposed emergency rule is necessary for the immediate preservation of public health, safety, and welfare. Facts constituting the emergency are as follows:
The proposed rules will enable the Department to participate in a national program to provide improved access to employment for military members transitioning from active military service and joining Wisconsin communities as veterans. To accomplish this the proposed rules would expand the current grant process authorized by s. 45.437, Stats., to include the administration, enforcement, and evaluation of this transition partnership.
An emergency rule is necessary to ensure that the administrative rules relating to the granting of appropriated funds for the veterans transition grant program are developed before the grant period begins. The revision of current administrative rules is necessary to include local non-profit partners that will work with this new transition assistance partnership and allow grant recipients to improve employment outcomes for veterans in Wisconsin. Expansion of this grant to partners in this new transition assistance program may help ensure the Department obtains partner organizations across the state to coordinate with transitioning service members by identifying and connecting them with suitable employment opportunities across Wisconsin.
The criteria and procedures must be in effect prior to the opening of the grant period for this program, which is slated for early 2022. The timeline for the permanent version of this rule would not otherwise be in effect prior to the announcement of the grant. Unless the proposed rules are in place, the Department is unable to efficiently implement and administer the expanded portion of the entrepreneurship grant program. The promulgation of emergency rules will help ensure the implementation of this transition partnership remains consistent through the completion of the permanent rulemaking process.
Analysis prepared by the Department of Veterans Affairs.
Statutes interpreted:
Sections 45.03 (2) and 45.437, Stats.
Statutory authority:
Section 45.03 (2), Stats.
Section 45.437 (4), Stats.
Explanation of agency authority:
Section 45.03 (2), Stats., authorizes the Secretary of the Department to promulgate rules necessary to carry out the purposes of ch. 45 and the powers and duties conferred upon it.
Section 45.437 (4), Stats., requires the Department to “…promulgate rules implementing this section. The rules promulgated under this subsection shall include rules establishing the specific goals grant recipients must meet and requiring that those goals be met before any grant moneys are disbursed.”
Related statute or rule:
Plain language analysis:
The proposed rules revise s. VA 2.08Veterans Employment and Entrepreneurship Grants. The primary objective of the proposed rule is to expand expenditure of grant funds to include the employment-related activities that are a crucial component of the veterans transition program partnership. The Department will coordinate program participation and activities at the State level, which will require the services of multiple non-profit organizations across the state.
This multi-faceted transition assistance program connects the service member to the relevant employers, local programs, and organizations in the service member’s future post-military community. Through this partnership, services will be made available to military members transitioning from active military service to civilian life. The amended rule will ensure grants authorized under s. 45.437, Stats., can be awarded to non-profit organizations to the extent the organization’s participation is related to employing exiting service members and improving the employment outcomes for veterans in Wisconsin.
The proposed rule creates several definitions under s. VA 2.08 (3), for acronyms referenced within the rule and creates provisions under s. VA 2.08 (6) relating to the implementation and administration of the veterans transition grant program.
Summary of, and comparison with, existing or proposed federal regulation:
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.