DCF 101.03(38)
(38) “Wisconsin works agency" or “W-2 agency" means a person, county agency, tribal governing body, or a private agency contracted under s.
49.143, Stats., by the department to administer the Wisconsin works program under ss.
49.141 to
49.161, Stats., and this chapter. If no contract is awarded under s.
49.143, Stats., “Wisconsin works agency" means the department.
DCF 101.03 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-97; cr. (31m),
Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 2001, No. 541;
CR 02-050: am. (intro.), (11) and (19), r. and recr. (12) and (13), cr. (14m), (31h) and (32m)
Register January 2003 No. 565, eff. 2-1-03; correction in (11) made under s. 13.93 (2m) (b) 7., Stats.,
Register January 2003 No. 565; corrections in (9), (18) and (21) made under s. 13.92 (4) (b) 6. and 7., Stats.,
Register November 2008 No. 635;
CR 17-066: cr. (26m)
Register July 2018 No. 751, eff. 8-1-18;
CR 21-091: am. (4), cr. (4m), am. (7), (15), r. (17), (18), r. and recr. (24), (26), (27), (34), (39), (40) Register July 2022 No. 799, eff. 8-1-22. DCF 101.04
DCF 101.04 Department responsibilities. DCF 101.04(1)(1)
General. The department shall maintain oversight responsibility for administration of the Wisconsin works program by contracted administrative agencies.
DCF 101.04(2)
(2)
Geographical areas. The department shall determine the geographical area in which a Wisconsin works agency will administer the Wisconsin works program.
DCF 101.04 Note
Note: An individual may contact the local W-2 agency or the local county or tribal department of human services or social services for assistance in determining which geographical area the individual resides in and the address and phone number of the W-2 agency in the individual's geographical area.
DCF 101.04(3)
(3)
Contract requirements. The department shall contract under s.
49.143, Stats., with providers to administer the Wisconsin works program in a geographical area. If a Wisconsin works agency does not meet the performance standards established by the department, the department may withhold any or all payment from the Wisconsin works agency or terminate the contract.
DCF 101.04(4)
(4)
Requests for information. The department may request from any Wisconsin works agency any information that the department determines appropriate and necessary for the overall administration of Wisconsin works. A Wisconsin works agency shall provide the department with the requested information through written reports, CARES reports and through other appropriate forms as prescribed by the department.
DCF 101.04(5)
(5)
Inspection of records. The department may inspect at any time any Wisconsin works agency's records as the department determines is appropriate and necessary for the overall administration of Wisconsin works.
DCF 101.04(6)
(6)
Certification and training requirements. The department shall ensure that a financial and employment planner employed by a W-2 agency meets certification and training requirements established by the department and that appropriate training is provided by the W-2 agency.
DCF 101.04 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.05
DCF 101.05 W-2 agency responsibilities. In administering the W-2 program, the W-2 agency shall do all of the following:
DCF 101.05(1)
(1) Comply with ss.
49.141 to
49.161, Stats., applicable federal law, this chapter, and related program procedures.
DCF 101.05(2)
(2) Make available all records necessary for the department's exercise of its supervisory functions under s.
49.35, Stats.
DCF 101.05(3)
(3) Provide the department with requested information through written reports, CARES reports and through other appropriate forms as prescribed by the department.
DCF 101.05(7)
(7) Encourage employers to make training sites available on the business site for participants.
DCF 101.05(8)
(8) Work with the Wisconsin Economic Development Corporation to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under subch.
II of ch. 238, Stats.
DCF 101.05(9)
(9) Ensure that no W-2 employment position is operated so as to do any of the following:
DCF 101.05(9)(a)
(a) Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual into a W-2 employment position.
DCF 101.05(9)(b)
(b) Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.
DCF 101.05(9)(c)
(c) Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.
DCF 101.05(10)
(10) Refer individuals who need child care assistance to the local child care administrative agency.
DCF 101.05(11)
(11) Refer all cases involving paternity and child support to the county child support agency.
DCF 101.05(12)
(12) Provide, refer or facilitate transportation arrangements to enable participants to participate in W-2 activities. The W-2 agency shall limit any financial assistance granted to a W-2 participant to financial assistance for public transportation if a form of public transportation that meets the needs of the participant is available.
DCF 101.05(14)
(14) Investigate, or refer to the appropriate agency for investigation, suspected cases of fraud.
DCF 101.05 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-97; am. (10),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 02-050: am. (1)
Register January 2003 No. 565, eff. 2-1-03; corrections in (10) and (13) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635; correction in (8) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register January 2012 No. 673; correction in (8) made under s.
13.92 (4) (b) 6., Stats.,
Register February 2012 No. 674;
CR 21-091: r. (5), (6), r. and recr. (10) Register July 2022 No. 799, eff. 8-1-22. DCF 101.055
DCF 101.055 Grievance procedure for complaints of employment displacement. DCF 101.055(1)(1)
Agency designee. Each W-2 agency shall designate staff responsible for receiving, investigating, and resolving complaints of violations of s.
DCF 101.05 (9) or shall maintain an agreement with a department grantee or contractor in the same locality to receive, investigate, and resolve such complaints.
DCF 101.055(2)
(2)
Notice. Each W-2 work training provider or employer of a participant in a W-2 employment position shall inform its employees of the right to file a complaint under this section and provide information about how to obtain further information on the grievance procedure.
DCF 101.055(3)(a)(a) An employee, former employee, or employee's representative may file a written complaint with the W-2 agency or its designee that alleges facts that may constitute a violation of s.
DCF 101.05 (9).
DCF 101.055(3)(b)
(b) The complaint shall be filed within one year from the date of the alleged violation
.
DCF 101.055(4)
(4)
Investigation and informal resolution. Upon receipt of a complaint alleging a violation of s.
DCF 101.05 (9), the W-2 agency or its designee shall investigate the complaint and assist the parties in attempting to reach an informal resolution to the complaint.
DCF 101.055(5)(a)(a) If an informal resolution under sub.
(4) cannot be reached, the W-2 agency or its designee shall conduct a hearing within 30 calendar days from the date the complaint was filed.
DCF 101.055(5)(b)
(b) The W-2 agency or its designee shall issue a hearing decision to the parties within 60 calendar days from the date the complaint was filed.
DCF 101.055(6)
(6)
Department review. A party may file a written request for a department review within 10 days of receiving an adverse decision from the W-2 agency or its designee or within 15 days from the date the decision was due if the parties did not receive a decision. The review shall be conducted by the department of administration's division of hearings and appeals. The department's final decision shall be issued within 30 calendar days from the date the request for departmental review was filed.
DCF 101.055 Note
Note: A request for departmental review may be mailed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to (608) 264-9885; or delivered to 4822 Madison Yards Way, Madison, WI 53705.
DCF 101.055(7)
(7)
Remedies. A W-2 employer or work training provider who is found to have violated any of the nondisplacement provisions in s.
DCF 101.05 (9) may be subject to the following penalties:
DCF 101.055(7)(a)
(a) Termination of existing W-2 or other work training agreements with the department or its contractors.
DCF 101.055(7)(b)
(b) Termination of grants from the department or its contractors and disqualification for future grants.
DCF 101.055(7)(c)
(c) Disqualification for future work training agreements with the department or its contractors.
DCF 101.055(8)
(8)
Nonretaliation. No employer or W-2 work training provider may retaliate against an employee, employee's representative, or witness who initiates or participates in the grievance procedure under this section.
DCF 101.055 History
History: CR 04-082: cr.
Register November 2004 No. 587, eff. 12-1-04; corrections in (1), (3) (a), (4), (6) and (7) (intro.) made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register November 2008 No. 635;
CR 21-091: am. (6) Register July 2022 No. 799, eff. 8-1-22.
DCF 101.06
DCF 101.06 Application for Wisconsin works. DCF 101.06(1)(1)
Right to apply. Any individual may apply for Wisconsin works. Application for Wisconsin works shall be made on a form prescribed by the department and available from a Wisconsin works agency.
DCF 101.06(2)
(2)
Where application is made. Application shall be made in the geographical area specified by the department under s.
49.143 (6), Stats., in which the individual lives.
DCF 101.06(3)
(3)
Signing the application. Each application form shall be signed by the applicant or the applicant's responsible relative, legal guardian or authorized representative; or, where the applicant is incompetent or incapacitated, someone acting responsibly for the applicant. The application shall be re-signed in the presence of any agency representative in accordance with s.
49.84, Stats. Two witnesses' signatures shall be required when the application is signed with a mark.
DCF 101.06(4)(a)(a) As soon as possible, but no later than 5 working days after the date the agency receives a signed application, completed to the best of the applicant's ability, the W-2 agency shall schedule and hold a personal interview with the applicant.
DCF 101.06(4)(b)
(b) The W-2 agency shall give the applicant 7 working days to provide requested verification.
DCF 101.06(4)(c)
(c) Following the interview and after verifying eligibility information, the W-2 agency shall with reasonable promptness make a decision as to the appropriate placement in a W-2 employment position.
DCF 101.06(5)
(5)
Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.
DCF 101.06 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.07(1)(1)
Individuals inquiring about or applying for W-2 shall be given the following information by the W-2 agency in written form, and orally as appropriate: coverage, conditions of eligibility, scope of the program and related services available, and participants' rights and responsibilities. Bulletins or pamphlets developed for this purpose shall be available at the W-2 agency.
DCF 101.07(2)
(2) Individuals may examine program manuals and policy issuances which affect the public, including rules and regulations governing eligibility, participants' rights and responsibility and services offered. These documents may be examined at W-2 agency offices or the department's state or regional offices on regular work days during regular office hours.
DCF 101.07(3)
(3) An individual or the individual's authorized representative may review the individual's entire case record to verify that the content accurately reflects statements and documentation of facts. The W-2 agency may not withhold any part of the record during preparation for a review of a W-2 agency decision under s.
49.152, Stats. When the request is not related to preparation for review of a W-2 agency decision under s.
49.152, Stats., the W-2 agency is not required to show the individual or the individual's authorized representative the entire record unless the reason for reviewing the record requires the full record.
DCF 101.07 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.08(1)(1)
A Wisconsin works agency may request from any person any information that it determines appropriate and necessary for the administration of Wisconsin works. Any person in this state shall provide this information within 7 days after receiving a request under this subsection. The Wisconsin works agency may extend the 7-day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency. The Wisconsin works agency may disclose information obtained under this subsection only in the administration of Wisconsin works.
DCF 101.08(2)
(2) The Wisconsin works agency shall keep all information that it receives regarding victims of domestic abuse as defined in ss.
DCF 101.03 (11) and
101.15 (3) (a) strictly confidential, except to the extent needed to administer Wisconsin works.
DCF 101.08 History
History: Cr.
Register, October, 1997, No. 502, eff. 11-1-;
CR 21-091: am. (2) Register July 2022 No. 799, eff. 8-1-22. DCF 101.09
DCF 101.09 Eligibility for Wisconsin works. DCF 101.09(1)(1)
General eligibility. In order to be eligible for Wisconsin works employment positions and job access loans for any month, an individual shall meet the eligibility requirements under subs.
(2) to
(4).
DCF 101.09(2)
(2)
Nonfinancial eligibility requirements. An individual is eligible for a Wisconsin works employment position and a job access loan in a month only if all of the following nonfinancial eligibility requirements are met:
DCF 101.09(2)(c)
(c) The individual is a United States citizen, national of the United States, or qualified alien. An individual is a qualified alien if the individual is any of the following:
DCF 101.09(2)(c)1.
1. An alien lawfully admitted to the United States for permanent residence under the immigration and nationality act,
8 USC 1101 et seq.
DCF 101.09(2)(c)5.
5. An alien who is paroled into the United States under section 212(d)(5) of the immigration and nationality act,
8 USC 1182(d)(5), for a period of at least one year.
DCF 101.09(2)(c)6.
6. An alien whose deportation is being withheld under section 243(h) of the immigration and nationality act,
8 USC 1253 as in effect March 31, 1997, or section 241(b)(3) of the act,
8 USC 1231(b)(3).
DCF 101.09(2)(c)7.
7. An alien who is granted status as a Cuban and Haitian entrant, as defined in section 501(e) of the refugee education assistance act of 1980,
8 USC 1522(note).
DCF 101.09(2)(c)8.
8. An American Indian born in Canada who is at least 50% American Indian by blood.
DCF 101.09(2)(c)9.
9. An American Indian born outside of the United States who is a member of a federally-recognized Indian tribe.
DCF 101.09(2)(c)10.
10. An alien who has been battered or whose child has been battered, who is no longer residing in the same household with the batterer, and who meets the requirements of
8 USC 1641(c).
DCF 101.09(2)(c)11.
11. An alien who is granted conditional entry pursuant to section 203(a)(7) of the immigration and nationality act,
8 USC 1153(a)(7), as in effect prior to April 1, 1980.
DCF 101.09(2)(c)12.
12. An alien who is admitted to the United States as an Amerasian immigrant, as described in section 584 of the foreign operations, export financing, and related programs appropriations act of 1988,
8 USC 1101(note).
DCF 101.09(2)(c)13.
13. An alien who is lawfully residing in the United States and is one of the following:
DCF 101.09(2)(c)13.a.
a. An armed forces veteran who received an honorable discharge that was not on account of alienage and who completed either 24 months of continuous active duty or the full period for which the individual was called, unless the individual received a hardship discharge under
10 USC 1173, early discharge under
10 USC 1171, or a discharge due to a disability incurred or aggravated in the line of duty.
DCF 101.09(2)(c)13.b.
b. On active duty in the armed forces of the United States, other than active duty for training.
DCF 101.09(2)(c)13.c.
c. The spouse of an individual described in subd.
13. a. or
b., or the unremarried surviving spouse of an individual described in subd.
13. a. or
b. if the marriage was for one year or more or the individuals had a child in common.
