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DCF 101.195(3)(a) (a) In this subsection, “reasonable time” means within 7 business days after the date of the written notice issued by the Wisconsin works agency under sub. (1) or (2).
DCF 101.195(3)(b) (b) A participant who believes the Wisconsin works agency's decision to reduce benefits or terminate eligibility is in error may, within a reasonable time, provide the Wisconsin works agency with a good cause reason for the deficiency, failure, or other behavior to avoid the reduction of benefits or termination of eligibility.
DCF 101.195(3)(c) (c) If the Wisconsin works agency determines the participant had good cause under s. DCF 101.20, the Wisconsin works agency shall take action to restore the participant's benefits or eligibility to the level determined to be appropriate by the Wisconsin works agency retroactive to the date on which the benefit or eligibility was incorrectly reduced or terminated.
DCF 101.195(3)(d) (d) If the participant does not provide the Wisconsin works agency with a good cause reason within a reasonable time or if the Wisconsin works agency determines the participant did not have good cause under s. DCF 101.20, the Wisconsin works agency shall proceed with the proposed action to reduce benefits or terminate eligibility.
DCF 101.195 History History: CR 17-066: cr. Register July 2018 No. 751, eff. 8-1-18.
DCF 101.20 DCF 101.20Determination of good cause.
DCF 101.20(1)(1)Good cause circumstances. The FEP shall determine if a W-2 employment participant had good cause for not complying with the W-2 participation requirements. No good cause shall exist unless the participant provides timely notification of the good cause reason to the FEP. Good cause for failing to comply with the W-2 participation requirements shall be any of the following circumstances:
DCF 101.20(1)(a) (a) A required court appearance, including a required court appearance for a victim of domestic abuse.
DCF 101.20(1)(b) (b) Necessary child care is unavailable and the W-2 agency is unable to provide child care or refer the participant to alternate child care arrangements.
DCF 101.20(1)(c) (c) Lack of transportation with no reasonable alternative, as determined by the FEP. In determining the reasonableness of transportation alternatives, the FEP shall consider the length of the participant's commute, participant safety, the cost of the transportation relative to the participant's income, and other relevant factors.
DCF 101.20(1)(d) (d) Participant or W-2 group member's illness, injury, disability, or incapacity.
DCF 101.20(1)(e) (e) Accommodations that have been determined necessary in a formal assessment are not available to allow the participant to complete the assigned activity.
DCF 101.20(1)(f) (f) Conflict with another assigned W-2 activity or job search attempts.
DCF 101.20(1)(g) (g) Inclement weather that impedes transportation or travel.
DCF 101.20(1)(h) (h) School emergency.
DCF 101.20(1)(i) (i) Domestic violence issues.
DCF 101.20(1)(j) (j) Observance of a religious holiday.
DCF 101.20(1)(k) (k) Routine medical or school appointments that cannot be scheduled at times other than during assigned activities.
DCF 101.20(1)(L) (L) Child's school holiday, excluding summer break.
DCF 101.20(1)(m) (m) Any day that the worksite or training site is closed due to a site-specific holiday.
DCF 101.20(1)(n) (n) Death in the participant's immediate family. For purposes of this paragraph:
DCF 101.20(1)(n)1. 1. “Immediate family" means a participant's spouse, nonmarital co-parent, step-parent, grandparent, foster parent, child, step-child, grandchild, foster child, brother and his spouse, sister and her spouse, aunt, uncle, son-in-law, daughter-in-law, cousin, niece and nephew of the participant or the participant's spouse or nonmarital co-parent, and other relatives of the participant or the participant's spouse or nonmarital co-parent if these other relatives reside in the same household as the participant.
DCF 101.20(1)(n)2. 2. A participant may be granted good cause for no more than 3 business days if only local travel is necessary to attend the funeral services. A participant may be granted good cause for no more than 7 business days if long-distance travel is required to attend the funeral services. In general, the good cause period may not exceed the week following the death of a member of the participant's immediate family, but the FEP may lengthen the timeframe for good cause depending upon individual circumstances.
DCF 101.20(1)(o) (o) Other circumstances beyond the control of the participant, but only as determined by the FEP. The FEP shall consider what a reasonable employer may allow under its absence policy and hardships that make completing activities and notifying the agency of missed activities more difficult for W-2 participants.
DCF 101.20(2) (2) Timely notification. The participant shall notify the FEP of the good cause reason within 7 business days after an absence from a required activity to prevent a payment reduction under s. 49.148 (1) (b) 1., (b) 3., or (c), Stats.
DCF 101.20(3) (3) Written documentation. In making a good cause determination, the FEP may require that the W-2 employment position participant provide written documentation that good cause existed before accepting a good cause reason for a participant's absence from required activities if both of the following apply:
DCF 101.20(3)(a) (a) The participant has a pattern of absences of more than 3 consecutive days or more than 5 days in a rolling 30-day period. An absence means being absent from any one required activity. A pattern of absences may include past absences for which a good cause reason was accepted.
DCF 101.20(3)(b) (b) The FEP has reason to believe that the participant is misusing the good cause policy.
DCF 101.20 History History: 1997, No. 502, eff. 11-1-97; am. (2), Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 08-034: r. and recr. Register December 2010 No. 660, eff. 1-1-11.
DCF 101.21 DCF 101.21Sanctions.
DCF 101.21(1)(1)Refusal to participate.
DCF 101.21(1)(a) (a) In this subsection:
DCF 101.21(1)(a)1. 1. “Appropriate” means consistent with an individual's employability plan.
DCF 101.21(1)(a)2. 2. “Employer” means a person, entity, or Wisconsin works agency that provides employment for an individual.
DCF 101.21(1)(a)3. 3. “Employment” means work, work experience, or training assigned to an individual.
DCF 101.21(1)(a)4. 4. “Individual” means a participant in a Wisconsin works employment position or a second parent in the participant's Wisconsin works group who is subject to a work requirement under s. DCF 101.27.
DCF 101.21(1)(a)5. 5. “Misconduct” means one or more actions or conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of its employees, or in carelessness or negligence of such degree or recurrence as to manifest culpability, wrongful intent, or evil design of equal severity to such disregard, or to show an intentional and substantial disregard of an employer's interests, or of an employee's duties and obligations to an employer. In addition, “misconduct” includes any of the following:
DCF 101.21(1)(a)5.a. a. A violation by an individual of an employer's reasonable written policies concerning the use of alcohol beverages, controlled substances defined in s. 961.01(4), Stats., or controlled substance analogs defined in s. 961.01 (4m), Stats.
DCF 101.21(1)(a)5.b. b. Theft of an employer's property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an individual's employment with an employer, or intentional or negligent conduct by an individual that causes substantial damage to an employer's property.
DCF 101.21(1)(a)5.c. c. Conviction of an individual of a crime, while on or off duty, if the individual is unable to perform the duties that the individual performs for an employer due to the conviction.
DCF 101.21(1)(a)5.d. d. One or more threats or acts of harassment, assault, or other physical violence by an individual at an employment site.
DCF 101.21(1)(a)5.e. e. Use of profane or abusive language directed toward staff or others at an employment site.
DCF 101.21(1)(a)6. 6. “Participation period” means the 16th of one month to the 15th of the next month.
DCF 101.21(1)(a)7. 7. “Training” means education or training assigned by the Wisconsin works agency under s. 49.147 (3) (am), (4) (am), or (5) (bm), Stats.
DCF 101.21(1)(b) (b) A Wisconsin works agency shall provide to each individual in the program a written description of the following:
DCF 101.21(1)(b)1. 1. The individual's obligation to participate in assigned activities.
DCF 101.21(1)(b)2. 2. The actions under par. (c) that demonstrate a refusal to participate.
DCF 101.21(1)(b)3. 3. The individual's ineligibility to participate in the Wisconsin works program for 3 months if an individual in the Wisconsin works group demonstrates a refusal to participate.
DCF 101.21(1)(c) (c) An individual demonstrates a refusal to participate if the individual does any of the following:
DCF 101.21(1)(c)1. 1. Is discharged from employment for misconduct or engages in misconduct on the premises of an employer.
DCF 101.21(1)(c)2. 2. Fails to appear or appears more than 15 minutes after the scheduled start time of an interview with a prospective employer, a job fair, or a meeting with a prospective employer that was arranged by the Wisconsin works agency.
DCF 101.21(1)(c)3. 3. Leaves an interview or a meeting with a prospective employer prior to the conclusion of the interview or meeting.
DCF 101.21(1)(c)4. 4. Appears for an interview or a meeting with a prospective employer wearing inappropriate attire or exhibiting inappropriate grooming after receiving written or oral directions or training on appropriate attire and grooming.
DCF 101.21(1)(c)5. 5. Fails to complete a job application required by a prospective employer.
DCF 101.21(1)(c)6. 6. Communicates to a prospective employer an unreasonable requirement for salary, hours of employment, or working conditions that disqualifies the individual from employment with that employer.
DCF 101.21(1)(c)7. 7. Provides incorrect or incomplete information regarding employment qualifications in an interview or job application that disqualifies the individual from employment with the prospective employer after receiving written or oral directions or training from the Wisconsin works agency regarding interviewing and filling out employment applications.
DCF 101.21(1)(c)8. 8. Voluntarily leaves appropriate employment or refuses a bona fide offer of appropriate employment.
DCF 101.21(1)(c)9. 9. Is a member of a Wisconsin works group whose benefit has been reduced by 20 percent or more under s. 49.148 (1) (b) or (c), Stats., for 2 consecutive participation periods or for 3 non-consecutive participation periods in a rolling 6-month period.
DCF 101.21(1)(c)10. 10. Refuses or fails to follow a verbal or written direction from Wisconsin works agency staff or staff at an employment site.
DCF 101.21(1)(c)11. 11. Uses vulgar or profane language or engages in abusive behavior directed towards staff or others in the Wisconsin works agency or employment site.
DCF 101.21(1)(c)12. 12. Violates written work rules developed by the employer, if the work rules were provided to the individual and there is a signed acknowledgement of receipt of the work rules in the individual's case record.
DCF 101.21(1)(d) (d) Notwithstanding par. (c) (intro.), an individual who does any of the actions specified in par. (c) 1. to 12. does not demonstrate a refusal to participate if the Wisconsin works agency determines that the individual has good cause under s. DCF 101.20.
DCF 101.21(2) (2) Intentional program violations. If a court finds or it is determined after an administrative hearing that an individual who is a member of a Wisconsin works group applying for or receiving benefits under ss. 49.141 to 49.161, Stats., for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has intentionally violated, on 3 separate occasions, any provision in ss. 49.141 to 49.161, Stats., or this chapter, the Wisconsin works agency may permanently deny benefits under ss. 49.141 to 49.161, Stats., to the individual.
DCF 101.21 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (a) and (b) (intro.), Register, July, 2000, No. 535, eff. 8-1-00; corrections in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 17-066: r. and recr. (1) Register July 2018 No. 751, eff. 8-1-18; correction in (1) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751.
DCF 101.22 DCF 101.22Review of agency decisions.
DCF 101.22(1)(1)Petition for review. Any individual whose application for Wisconsin works under s. 49.147 (1) to (5), Stats., and s. DCF 101.06 is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.
DCF 101.22(2) (2) Review.
DCF 101.22(2)(a)(a) Upon a timely petition under sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send a certified copy of its decision to the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:
DCF 101.22(2)(a)1. 1. Withdraws the petition in writing.
DCF 101.22(2)(a)2. 2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause under s. DCF 101.20.
DCF 101.22(2)(b) (b) The department may review a decision of a Wisconsin works agency under par. (a) if any of the following occurs:
DCF 101.22(2)(b)1. 1. Within 15 days of receiving the decision of the Wisconsin works agency, the applicant or participant petitions the department for a review of that decision.
DCF 101.22(2)(b)2. 2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
DCF 101.22(2)(c) (c) The department shall review a Wisconsin work's agency decision to deny an application based solely on the determination of financial ineligibility if any of the following occurs:
DCF 101.22(2)(c)1. 1. Within 15 days after receiving the decision of the Wisconsin works agency, the applicant petitions the department for a review of the decision.
DCF 101.22(2)(c)2. 2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
DCF 101.22 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 02-050: r. (3) Register January 2003 No. 565, eff. 2-1-03; corrections in (1) and (2) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 101.23 DCF 101.23Recovery of overpayments.
DCF 101.23(1)(1)Definitions. In this section:
DCF 101.23(1)(a) (a) “Administrative error" means an error committed by an agency or the department in determining benefits given under s. 49.148, 49.155, 49.157, or 49.19, Stats., that results in an overpayment.
DCF 101.23(1)(b) (b) “Client error" means an error caused by an individual who is a member of a W-2 or AFDC group reporting incorrect information or failing to report information due to misunderstanding or mistake that results in an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats.
DCF 101.23(1)(c) (c) “Complies with the payment schedule" as used in s. 49.195 (3m) (h), Stats., means the debtor submits each payment due on an overpayment so that it is received by the department by the due date every month over the life of the debt.
DCF 101.23(1)(d) (d) “Debtor" means a liable person who received an overpayment of benefits under s. 49.148, 49.155, 49.157, or 49.19, Stats., and has not repaid it in full.
DCF 101.23(1)(e) (e) “Disposable earnings" means that part of the earnings of any debtor after the deduction from those earnings of any amounts required by law to be withheld, any life, health, dental or similar type of insurance premiums, union dues, any amount necessary to comply with a court order to contribute to the support of minor children, and any levy, wage assignment, or garnishment executed prior to the date of a levy under this section.
DCF 101.23(1)(f) (f) “Intentional program violation" means an individual who is a member of a W-2 or AFDC group intentionally made a false or misleading statement or misrepresented, concealed, or withheld facts that resulted in an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats. An intentional program violation may be determined based on an administrative hearing, a court finding, a signed waiver of an administrative hearing for an alleged intentional program violation, or a consent agreement in lieu of prosecution based on the same facts or events as the intentional program violation.
DCF 101.23(1)(g) (g) “Overpayment" or “debt" means any benefit or payment received under s. 49.148, 49.155, 49.157, or 49.19, Stats., in an amount greater than the amount that the individual, AFDC assistance group, or W-2 group was eligible to receive under applicable statutes and rules, regardless of the reason for the overpayment. An overpayment may be the result of client error, administrative error, or intentional program violation.
DCF 101.23(1)(h) (h) “Recoupment" means the process of repayment of an overpayment by the department withholding a portion of a W-2 participant's grant under s. 49.148, Stats.
DCF 101.23(2) (2) Overpayment determination and notice.
DCF 101.23(2)(a) (a) A county, tribal governing body, W-2 agency, or the department shall determine whether an overpayment has been made under s. 49.148, 49.155, 49.157, or 49.19, Stats., and if so, the amount of the overpayment.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.