106.15(4)(b)
(b) After receiving a referral under
par. (a), the secretary approves the local plan or application for funding.
106.15(5)
(5) Local plan or application review. In reviewing local plans and applications for funding under this section, the dislocated workers committee and the secretary shall consider all of the following:
106.15(5)(a)
(a) The severity of the need for the program in the community to be served when compared with the severity of need in other communities.
106.15(5)(b)
(b) The appropriateness of the skill development or training to be provided, including whether the demand for that skill exceeds the supply.
106.15(5)(c)
(c) Whether the program provides for labor organizations to participate in program planning.
106.15(5)(d)
(d) Whether the program provides for coordination with other employment and training programs offered in the community in which the program will be offered.
106.15(6)
(6) Rule making. The department shall promulgate rules to administer this section. The rules shall address eligible applicants and program providers, application requirements, criteria and procedures for awarding grants, reporting and auditing procedures and administrative operations.
106.15 History
History: 1985 a. 153;
1987 a. 27;
1989 a. 31,
44;
1995 a. 27 ss.
3714,
3715; Stats. 1995 s. 106.15;
1999 a. 9.
106.15 Note
NOTE: This section was created by
1985 Act 153. Section 2 of Act 153 is entitled "Legislative purpose and intent."
106.15 Cross-reference
Cross Reference: See also chs. ILHR 816 and 820, Wis. adm. code.
106.16
106.16
Notification of position openings. 106.16(1)(a)
(a) "Company" means any business operated for profit.
106.16(2)
(2) Any company that receives a loan or grant from a state agency or an authority under
ch. 231 or
234 shall notify the department and the local workforce development board established under
29 USC 2832, of any position in the company that is related to the project for which the grant or loan is received to be filled in this state within one year after receipt of the loan or grant. The company shall provide this notice at least 2 weeks prior to advertising the position.
106.16(3)
(3) A state agency or an authority under
ch. 231 or
234 shall notify the department of commerce if it makes a loan or grant to a company.
106.16(4)(a)(a) The department shall, upon complaint by any person or on its own motion, investigate any allegation that a company has violated
sub. (2) if the complaint is filed with the department no more than 300 days after the alleged violation occurred.
106.16(4)(b)
(b) If after investigation under
par. (a) the department finds probable cause to believe that a company has violated
sub. (2), the department shall notify the company of the department's finding of probable cause, of the actions specified under
par. (d) that the department proposes to take and of the company's right to request a hearing regarding the alleged violation of
sub. (2).
106.16(4)(c)
(c) A company that receives a notice under
par. (b) may, within 30 days after the date of the notice, request a contested case hearing under
s. 227.42. If the department does not receive a request for a contested case hearing under
s. 227.42 within 30 days after the date of the notice under
par. (b), the department shall issue a final decision that the company has violated
sub. (2) and take the actions specified under
par. (d).
106.16(4)(d)
(d) If the department receives a request under
par. (c) for a hearing, the department shall hold a hearing as provided under
s. 227.44. If, after hearing, the department finds that a company has violated
sub. (2), the department shall issue a final decision under
s. 227.47 that the company has violated
sub. (2) and shall order the company to take any remedial action that the department considers appropriate based on the severity of the noncompliance with
sub. (2).
106.16 History
History: 1985 a. 285,
332;
1987 a. 27,
399;
1991 a. 39;
1995 a. 27 ss.
3716 and
9116 (5); Stats. 1995 s. 106.16;
1999 a. 9.
106.17
106.17
Local labor market information. 106.17(1)
(1) The department shall collect information concerning local labor markets and periodically prepare reports dealing with labor forces at a local level in this state for general circulation.
106.17(2)
(2) The collection and distribution of local labor market information under
sub. (1) shall be funded only from the appropriations under
s. 20.445 (1) (m),
(ma) and
(n).
106.17 History
History: 1987 a. 27;
1995 a. 27 s.
3717; Stats. 1995 s. 106.17.
106.19
106.19
Trade adjustment assistance overpayment waiver. 106.19(1)(1) On or before October 8, 1989, the department shall establish a policy for waiving recovery of overpayments made under the federal adjustment assistance for workers program under
19 USC 2272 to
2318.
106.19(2)
(2) The waiver policy shall require the department to grant a waiver if all of the following apply:
106.19(2)(a)
(a) The overpayment was not the fault of the person who received it.
106.19(2)(b)
(b) Requiring repayment would be contrary to equity and good conscience.
106.19(3)
(3) The department shall do all of the following:
106.19(3)(a)
(a) Notify all of the following persons of the waiver policy and the person's right to request a waiver:
106.19(3)(b)
(b) Comply with the guidelines issued by the U.S. secretary of labor under
19 USC 2315 in connection with the waiver policy.
106.19(3)(c)
(c) Establish the waiver policy by rule, using the procedure under
s. 227.24.
106.19 History
History: 1989 a. 31;
1995 a. 27 s.
3719; Stats. 1995 s. 106.19.
106.19 Cross-reference
Cross Reference: See also ch.
DWD 135, Wis. adm. code.
106.20
106.20
Pilot Wisconsin job opportunity business subsidy program. 106.20(1)(a)
(a) "Business" means any person engaged in a business enterprise for profit in this state.
106.20(1)(c)
(c) "Eligible job applicant" means an individual who the department determines meets the requirements of s.
101.35 (9), 1991 stats.
106.20(1)(g)
(g) "Urban county" means a county located in a federal standard metropolitan statistical area.
106.20(1)(h)
(h) "Wisconsin job opportunity business subsidy program" means the program administered under this section.
106.20(11)(a)(a) If an eligible job applicant leaves the employ of a business that received funds to subsidize the wages of the eligible job applicant under s.
101.35 (5), 1991 stats., the business shall repay the following percentage of the funds:
106.20(11)(a)1.
1. If the eligible job applicant leaves while the position is subsidized, 70%.
106.20(11)(a)2.
2. If the eligible job applicant leaves less than 12 months after the subsidy ended, a percentage between 70% and 0%, decreasing proportionally to 0% 12 months after the subsidy has ended.
106.20(11)(a)3.
3. If the eligible job applicant leaves 12 months or more after the subsidy ended, 0%.
106.20(11)(b)
(b) A business need not repay funds under
par. (a) if the business replaces the departing eligible job applicant with another eligible job applicant who remains employed with the business for at least 12 months after the subsidy paid to the departing eligible job applicant would have ended.
106.20(11)(c)
(c) The secretary may waive all or part of a repayment required under
par. (a) if the secretary determines that waiving the repayment is in the best interests of the state.
106.20(11)(d)
(d) The local service agency shall use the amounts repaid under this subsection for additional wage subsidies.
106.20(13)
(13) Final report. On or before September 1, 1993, the department shall submit a final report concerning the Wisconsin job opportunity business subsidy program to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2). The report shall include all of the following information for the period covered by the report:
106.20(13)(a)
(a) The average wage paid to an eligible job applicant at the following times:
106.20(13)(a)2.
2. Sixty days after the subsidy for the eligible job applicant ends.
106.20(13)(a)3.
3. Fourteen months after the subsidy for the eligible job applicant ends.
106.20(13)(b)
(b) The number of qualified businesses and eligible job applicants that participated in each eligible unit of government.
106.20(13)(c)
(c) The age, education level, family status, gender, race and work experience of each eligible job applicant.
106.20(13)(e)
(e) Any other information the department considers relevant.
106.20 History
History: 1987 a. 399;
1989 a. 31,
336;
1991 a. 32,
39,
315;
1993 a. 16,
213,
243,
491;
1995 a. 27 s.
3720; Stats. 1995 s. 106.20.
106.21
106.21
Wisconsin service corps program. 106.21(1)(a)
(a) "Community services activity" means an activity that addresses a social, health or economic need of the community.
106.21(1)(b)
(b) "Corps member" means a person enrolled in the Wisconsin service corps program under this section.
106.21(1)(c)
(c) "Financial support" includes in-kind services and materials.
106.21(1)(d)
(d) "In-kind services and materials" includes services such as training, supervision, administration, transportation, insurance liability coverage and similar services and materials such as supplies, fuel, tools, equipment, safety equipment and other materials for a project.
106.21(1)(e)
(e) "Local unit of government" means the governing body of any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district or school district or the elected tribal governing body of a federally recognized American Indian tribe or band.
106.21(1)(h)
(h) "State agency" has the meaning given in
s. 227.01 (1) but also includes the office of district attorney.
106.21(2)
(2) Objectives. The department shall develop guidelines for the Wisconsin service corps program designed to promote the objectives of:
106.21(2)(a)
(a)
Employment of young adults. Providing employment for young men and women in a county with a population of 500,000 or more.
106.21(2)(b)
(b)
Personal development. Encouraging and developing work skills, discipline, cooperation, meaningful work experiences and training and educational opportunities for corps members.
106.21(2)(c)
(c)
Community services. Addressing the social, health and economic needs of a community within a county that has a population of 500,000 or more.
106.21(3)
(3) Application for project approval. 106.21(3)(a)(a)
Eligible sponsors. A state agency, local unit of government or private organization that operates in a county that has a population of 500,000 or more may apply to the department for approval of a project consisting of community services activities.
106.21(3)(b)
(b)
Eligible projects. In order to qualify as an approved project, the project must provide employment opportunities, consist of community services activities and be located in a county that has a population of 500,000 or more. If the sponsor is a nonprofit organization, the project must serve a valid public purpose in order to qualify as an approved project.
106.21(3)(c)
(c)
Sponsor's application. In order to qualify as an approved project, the sponsor must submit in the application:
106.21(3)(c)1.
1. A summary of the extent and value of all financial support it will provide for the project.
106.21(3)(c)2.
2. A preliminary cost estimate including a summary of all anticipated costs resulting from implementation of the project.
106.21(3)(c)3.
3. A preliminary work plan specifying the nature, scope and duration of the project.
