Division of Employment & Training
Department of Workforce Development
P.O. Box 7972
Madison, WI 53707-7946Telephone: (608)-733-3918
Place where comments are to be submitted and deadline for submission
Mark Kunkel, Rules and Records Coordinator
Department of Workforce Development
P.O. Box 7946
Madison, WI 53707
The deadline for comments was August 29, 2022.
Text of Rule
Section 1. DWD 801.01 is amended to read:
DWD 801.01 Authority and purpose. This chapter is created to establish the rules that shall govern the administration and granting of funds for the training of unemployed and underemployed workers and incumbent employees in this state, as authorized under s. 106.27 (1), Stats. Section 2. DWD 801.02 is amended to read:
DWD 801.02 Applicability. This chapter applies to the department, to applicants for grants awarded by the department, and to public and private organizations that are awarded grants by the department, all in connection with workforce training grants applied for and awarded under s. 106.27 (1), Stats. Section 3. DWD 801.03 (1) and (2) are amended to read:
DWD 801.03 (1) "Administrative costs" means costs associated with implementing grant objectives and activities, such as the provision of office space, telephone service, and employees a grantee's general administration of a grant, such as office supplies and the wages and benefits of staff who perform functions related to the administration of the grant but who do not directly carry out the grant's objectives or activities.
(2) “Applicant" means a public or private organization that applies for a grant from the department for the development or implementation of a workforce training program project.
Section 4. DWD 801.03 (5) and (7) are repealed.
Section 5. DWD 801.03 (8) and (9) are amended to read:
DWD 801.03 (8) “Grant" means an agreement a contract between the department and the a grantee whereby the department provides funds from the appropriation under s. 20.445 (1) (b), Stats., for the purposes specified in s. 106.27 (2g) (1), Stats. (9) "Grantee" means a public or private organization or agency receiving a grant either directly or indirectly from the department, except that if a lead public or private organization serves as the applicant for a consortium of placement partners under s. DWD 801.05 (1) (c), "grantee" means the lead public or private organization and not the placement partners. Section 6. DWD 801.03 (10) is renumbered DWD 801.03 (10) (intro.) and, as renumbered, is amended to read:
DWD 801.03 (10) (intro.) “Grant Program Announcement” or “GPA” means a document that describes describing a grant program, invites that includes all of the following:
(a) Solicitation of applications for the grant, specifies grants that specifies who may apply, and establishes application procedures, criteria including requirements for demonstrating eligibility under s. DWD 801.04. (b) Criteria for awarding grants, and conditions.
(c) Conditions and restrictions that accompany grants, including any outcomes the grantee must achieve under the grant program and any matching funds required by the grantee under s. 106.27 (1) (intro.), Stats. Section 7. DWD 801.03 (12) and (13) are amended to read:
DWD 801.03 (12) "In-kind contributions" means the monetary value of noncash contributions provided by the a grantee or third parties which directly benefit and are specifically identifiable to the program project.
(13) “Incumbent employee" means an employee or worker individual who is currently employed by a qualified employer an applicant or placement partner.
Section 8. DWD 801.03 (14) is repealed.
Section 9. DWD 801.03 (15) and Note are amended to read:
DWD 801.03 (15) “O*Net" "O*NET" means a United States government system of classifying occupations. O*Net O*NET occupation codes are unique numbers assigned to each occupation. O*Net O*NET is used for career exploration, job analysis, and statistical analysis.
Section 10. DWD 801.03 (15g), (15r) and (17m) are created to read:
DWD 801.03 (15g) "Placement partner" means an employer, other than an applicant, that commits to hire unemployed and underemployed workers who successfully complete training or to provide incumbent employees who successfully complete training with full-time employment, higher-level employment, or wage increases when the project is complete.
(15r) "Pre-existing training program" means an employment training program that an applicant or placement partner has previously conducted to increase trainees' or workers’ skills to better match the applicant's or placement partner's needs. "Pre-existing training program" does not include a pilot program conducted to evaluate feasibility.
(17m) "Project" means the development or implementation of a workforce training program that an applicant proposes to conduct under a grant.
Section 11. DWD 801.03 (18) is renumbered DWD 801.03 (18) (intro.) and, as renumbered, is amended to read:
DWD 801.03 (18) (intro.) "Public agency" "Public organization" means any governmental of the following:
(a) A state or local agency, department, committee, council, or public body created by constitution, statute, ordinance, or rule, including but not limited to a county, city, village, town, school district, or technical college district, or district board, and an agency of the state government or a.
(b) A formally constituted subunit of any of these entities an entity specified in par. (a).
Section 12. DWD 801.03 (18) (c) is created to read:
DWD 801.03 (18) (c) A tribal governing body of a federally recognized tribe or band of Indians or an organization appointed by the tribal governing body.
Section 13. DWD 801.03 (20) is repealed.
Section 14. DWD 801.03 (20m) is created to read:
DWD 801.03 (20m) "Trainee" means an individual receiving workforce training in a project conducted under a grant.
Section 15. DWD 801.03 (21) and (22) are amended to read:
DWD 801.03 (21) "Underemployed worker" means an employee or worker individual who is currently employed but not in a capacity that reflects does not reflect the skills and experience of the employee or worker individual and that is reflected in less than desirable terms of compensation, hours, or responsibility.
(22) “Unemployed worker" means an individual who is currently out of work and is available for work. “Unemployed worker" includes a secondary education student in a workforce training program when project for which the employer confirms an intent to hire students who successfully complete the program project. “Unemployed worker" does not include an individual who is not working but anticipates being called back to his or her regular employment.
Section 16. DWD 801.04 (title) is repealed and recreated to read:
DWD 801.04 (title) Eligibility.
Section 17. DWD 801.04 (1) and (2) are amended to read:
DWD 801.04 (1) Eligible applicants. Any public or private organization or public agency that is current on all federal and state tax obligations, is in compliance with applicable federal and state laws and regulations, and is financially viable is eligible to apply for receive grant funds and provide program services.
(2) Eligible projects. An eligible program or A project is one eligible to receive grant funds if its proposal demonstrates that the project will do all of the following:
(a) Train unemployed workers, underemployed workers, incumbent employees, or any combination of unemployed workers, underemployed workers, or incumbent employees.
(b) Achieve the outcomes required by the GPA, which demonstrates plans and progress in increasing new jobs may include improving employment, reducing layoffs, and increasing overall employment in the state by increasing improving unemployed and underemployed workers’ and incumbent employees' skills to better match employers’ needs.
Section 18. DWD 801.05 (1) (a) and (c) are amended to read:
DWD 801.05 (1) (a) A public agency organization.
(c) A coalition or partnership of entities under the auspices of a consortium of placement partners with a lead public agency or a private organization serving as the applicant.
Section 19. DWD 801.05 (1) (d) and Note are repealed.
Section 20. DWD 801.05 (2) is amended to read:
DWD 801.05 (2) Solicitation. The department shall solicit applications for initial grants by preparing one or more GPAs, publishing a notice of the availability of each publishing a GPA on the department’s website, and distributing. The department may also distribute copies of the GPA on request to interested parties.
Section 21. DWD 801.05 (2) Note is created to read:
Section 22. DWD 801.05 (3) (title) is repealed and recreated to read:
DWD 801.05 (3) (title) Submission of applications.
Section 23. DWD 801.05 (3) (a) and (b) are repealed.
Section 24. DWD 801.05 (3) (c) and (d) are amended to read:
DWD 801.05 (3) (c) The An applicant shall submit an application shall be submitted for a grant to the department in accordance with the deadline and processes indicated in the GPA for the grant, which may include instructions for applications on paper or in an electronic format.
(d) The department shall may issue grant guidelines and may update the guidelines as necessary. The guidelines may contain clarification or additional information on grant application instructions, requirements, and procedures, application deadline date, allowable uses of funds, and award limits.
Section 25. DWD 801.05 (4) (intro.) is amended to read:
DWD 801.05 (4) Content of application. (intro.) An application for a grant for a project shall include all of the following:
Section 26. DWD 801.05 (4) (a) is repealed.
Section 27. DWD 801.05 (4) (b) is amended to read:
DWD 801.05 (4) (b) Identification and contact information for the project point of contact, the financial officer for the project, and the signatories authorized by the proposed grantee to execute legal documents.
Section 28. DWD 801.05 (4) (c) is repealed.
Section 29. DWD 801.05 (4) (h) and (i) are amended to read:
DWD 801.05 (4) (h) A narrative description of the program project, including the number of unemployed and underemployed workers and incumbent employees that will be enrolled as trainees in the project and how the project will achieve the outcomes required by the GPA.
(i) A statement of assurance assurances and certifications in accordance with s. DWD 801.12. Section 30. DWD 801.05 (4) (im) is created to read:
