Chapter DCF 101

DCF 101.21(1) (1) In this section:

DCF 101.21(1)(a) (a) “Appropriate” means consistent with an individual’s employability plan.

DCF 101.21(1)(b) (b) “Employer” means a person, entity, or Wisconsin works agency that provides employment for an individual.

DCF 101.21(1)(c) (c) “Employment” means work, work experience, or training assigned to an individual.

DCF 101.21(1)(d) (d) “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)(e) (e) “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)(e)1. 1. 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)(e)2. 2. 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)(e)3. 3. 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)(e)4. 4. One or more threats or acts of harassment, assault, or other physical violence by an individual at an employment site.

DCF 101.21(1)(e)5. 5. Use of profane or abusive language directed toward staff or others at an employment site.

DCF 101.21(1)(f) (f) “Participation period” means the 16th of one month to the 15th of the next month.

DCF 101.21(1)(g) (g) “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(2) (2) A Wisconsin works agency shall provide to each individual in the program a written description of the following:

DCF 101.21(2)(a) (a) The individual’s obligation to participate in assigned activities.

DCF 101.21(2)(b) (b) The actions under sub. (3) that demonstrate a refusal to participate.

DCF 101.21(2)(c) (c) 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(3) (3) An individual demonstrates a refusal to participate if the individual does any of the following:

DCF 101.21(3)(a) (a) Is discharged from employment for misconduct or engages in misconduct on the premises of an employer.

DCF 101.21(3)(b) (b) 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(3)(c) (c) Leaves an interview or a meeting with a prospective employer prior to the conclusion of the interview or meeting.

DCF 101.21(3)(d) (d) 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(3)(e) (e) Fails to complete a job application required by a prospective employer.

DCF 101.21(3)(f) (f) 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(3)(g) (g) 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(3)(h) (h) Voluntarily leaves appropriate employment or refuses a bona fide offer of appropriate employment.

DCF 101.21(3)(i) (i) 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(3)(j) (j) Refuses or fails to follow a verbal or written direction from Wisconsin works agency staff or staff at an employment site.

DCF 101.21(3)(k) (k) 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(3)(L) (L) 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(4) (4) Notwithstanding sub. (3) (intro.), an individual who does any of the actions specified in sub. (3) (a) to (L) 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 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; CR 21-091: renum. (1) to DCF 101.21, r. (2) Register July 2022 No. 799, eff. 8-1-22; correction in (1) (intro.), (2) (b), (4) made under s. 13.92 (4) (b) 7., Stats., Register July 2022 No. 799.

DCF 101.23 DCF 101.23 Recovery 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.

DCF 101.23(2)(b) (b) The county, tribal governing body, W-2 agency, or department shall send notice of the overpayment at the address of a debtor as it appears on the records of the department. Documentation that a county, tribal governing body, W-2 agency, or the department properly mailed the notice to the address of the debtor as it appears on the records of the department and that it was not returned as undeliverable shall be prima facie evidence that notice was delivered and received.

DCF 101.23(2)(c) (c) The notice shall include the reason for the overpayment, the time period in which the overpayment occurred, the amount of the overpayment, and notice of the right to appeal the overpayment determination.

DCF 101.23(2)(d) (d) The department shall give the debtor an opportunity for review following the procedure specified under s. 49.152 (2), Stats., if the debtor received the overpayment under s. 49.148 or 49.157, Stats., or for a hearing under ch. 227, Stats., if the debtor received an overpayment under s. 49.155 or 49.19, Stats.

DCF 101.23(3) (3) Liability.

DCF 101.23(3)(a) (a) Liability shall extend to any parent, nonmarital coparent, or stepparent whose family receives benefits under s. 49.148, 49.155, 49.157, or 49.19, Stats., during the period that the parent, nonmarital coparent, or stepparent is an adult member of the same household, but each individual’s liability is limited to that period. For the purpose of determining liability for an overpayment of a child care subsidy under s. 49.155, Stats., “parent” has the meaning given in s. 49.155 (1) (c), Stats.

DCF 101.23(3)(b) (b) Liability for repayment of an overpayment shall be joint and several.

DCF 101.23(3)(c) (c) Liability for overpayments caused by administrative error shall be limited to one year prior to the date that the agency or department discovers the error for overpayments determined on or after August 1, 2005.

DCF 101.23(4) (4) Simultaneous collection. A county, tribal governing body, W-2 agency, or the department may recover an overpayment by more than one method of collection at the same time.

DCF 101.23(5) (5) Recoupment from current w-2 participants.

DCF 101.23(5)(a) (a) Administrative error and client error.

DCF 101.23(5)(a)1. 1. If any overpayment of benefits paid under s. DCF 101.18 (1) (b) or (c) is due to administrative error or client error, the W-2 agency or the department shall recoup the overpayment from a debtor who continues to receive benefits under s. DCF 101.18 (1) (b) or (c) by reducing the amount of the benefits amount by no more than 10%.

DCF 101.23(5)(a)2. 2. The debtor may make a voluntary repayment in addition to the amount withheld from the benefit under subd. 1.

DCF 101.23(5)(a)3. 3. The county, tribal governing body, or W–2 agency shall ask a debtor who has received an overpayment to voluntarily repay the overpayment. If the debtor fails to pay voluntarily, the county, tribal governing body, or W–2 agency shall refer the debt to the department for further collection efforts.

DCF 101.23(5)(b) (b) Overpayments caused by intentional program violations. If an overpayment of benefits under s. DCF 101.18 (1) (a), (b), or (c), is the result of an intentional violation of ss. 49.141 to 49.161, Stats., or this chapter, the W–2 agency or the department shall recoup the overpayment from the debtor by deducting an amount from the debtor’s benefits received under s. DCF 101.18 (1) (a), (b), or (c) until the overpayment is recovered. The amount to be deducted each month may not exceed the following:

DCF 101.23(5)(b)1. 1. For intentional program violations resulting in an overpayment that is less than $300, the amount to be deducted may not exceed 10% of the monthly benefit payment.

DCF 101.23(5)(b)2. 2. For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, the amount to be deducted may not exceed $75.

DCF 101.23(5)(b)3. 3. For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, the amount to be deducted may not exceed $100.

DCF 101.23(5)(b)4. 4. For intentional program violations resulting in an overpayment that is $2,500 or more, the amount to be deducted may not exceed $200.

DCF 101.23(6) (6) Trial employment match program overpayments. The W–2 agency shall recover any overpayment of benefits paid under s. DCF 101.18 (1) (a) from the debtor. The W-2 agency may not recover more than the amount that the W-2 agency or the department paid in wage subsidies for the debtor while the debtor was ineligible to participate under s. DCF 101.16 (2). The W–2 agency shall ask a former participant in a trial employment match program job who received overpayments to voluntarily repay the overpayment. If a former participant does not voluntarily repay the overpayment, the W–2 agency shall refer the debt to the department for further collection action.

DCF 101.23(7) (7) Effect of restitution payments. A debtor’s payments to the department as part of a restitution agreement under s. 973.20, Stats., arising out of the facts or events that are the basis for the overpayment owed to the department shall be applied to the liability owed to the department, but a debtor’s completion of probation or fulfillment of the restitution agreement shall not limit or impair the ability of the department to collect any remaining balance on the debt.

DCF 101.23(8) (8) Delinquency. A debt shall be considered delinquent if the department does not receive a debtor’s payment by the due date 3 times over the life of the debt. A delinquent debt may be subject to warrant and execution under s. 49.195 (3m), Stats.; levy under s. 49.195 (3n), Stats.; setoff against a refund under ss. 49.85 and 71.93, Stats.; and other authorized collection methods. The department may recover a delinquent debt by more than one means of collection at the same time. A delinquent debt retains delinquent status regardless of any future payment on the debt.

DCF 101.23 Note Note: The limitation on using warrant and execution and levy only when a debtor has not complied with the payment schedule 3 times is not required by statute. Because the department is limiting the use of warrant and execution and levy to debtors who have not complied with a payment schedule, the withdrawal of a warrant when the debtor does comply with the payment schedule under s. 49.195 (3m) (h), Stats., will not occur.

DCF 101.23(9) (9) Warrant and execution under section 49.195 (3m), stats.

DCF 101.23(9)(a) (a) Creation of lien.

DCF 101.23(9)(a)1. 1. If a debt for repayment of an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is delinquent under sub. (8) and no review or appeal rights under sub. (2) are pending and the time for requesting a review has expired, the department may issue a warrant directed to the clerk of circuit court of any county.

DCF 101.23(9)(a)2. 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the debtor named in the warrant, the amount for which the warrant is issued, and the date on which the clerk entered the information.

DCF 101.23(9)(a)3. 3. The department shall pay the fees required under s. 814.61 (5), Stats., for entering the warrant and shall collect the fees from the debtor named in the warrant when satisfaction or release is presented for entry.

DCF 101.23(9)(a)4. 4. A warrant issued under subd. 2. shall be considered in all respects a final judgment constituting a perfected lien upon the debtor’s right, title, and interest in all real and personal property located in the county in which the warrant is entered.

DCF 101.23(9)(a)5. 5. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., when a warrant has been issued. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not withdraw a warrant based on a request for hearing.

DCF 101.23(9)(b) (b) Execution of the warrant.

DCF 101.23(9)(b)1. 1. After the warrant is issued and no review or appeal rights under par. (a) 4. are pending and the time for requesting a review has expired, the department may file an execution with the clerk of circuit court for filing with the sheriff of the county, commanding the sheriff to execute the warrant and sell sufficient real and personal property of the debtor to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 90 days after receipt of the warrant. The execution may not command the sheriff to levy upon or sell any property that is exempt from execution under ss. 815.18 (3) and 815.20, Stats.

DCF 101.23(9)(b)2. 2. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before property is seized. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not cease enforcement or seizure based on a request for hearing.

DCF 101.23(9)(b)3. 3. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before seized property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, the department shall notify the sheriff that seized property may not be sold before the hearing decision is issued or the hearing request is withdrawn.

DCF 101.23(9)(c) (c) Satisfaction of the warrant. When the amount set forth in the warrant and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the person named in the warrant.

DCF 101.23(10) (10) Levy under section 49.195 (3n), stats.

DCF 101.23(10)(a) (a) Definition. In this subsection, “personal property” means all tangible and intangible property and rights to such property that is not real estate, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise; periodic payments received pursuant to a pension or retirement program; rents; proceeds of insurance; contract payments; stock and bonds; and accounts in financial institutions.

DCF 101.23(10)(b) (b) Notice prior to levy.

DCF 101.23(10)(b)1. 1. If a debt for repayment of an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is delinquent under sub. (8) and no review or appeal rights under sub. (2) are pending and the time for requesting a review has expired, the department shall give notice to the debtor that the department may pursue legal action for collection of the debt.

DCF 101.23(10)(b)2. 2. The department shall make the demand for payment and give notice to the debtor at least 10 days prior to the levy, personally or by any type of mail service that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt.

DCF 101.23(10)(b)3. 3. The debtor’s refusal or failure to accept or receive the notice does not prevent the department from making the levy.

DCF 101.23(10)(b)4. 4. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy.

DCF 101.23(10)(c) (c) Service of levy and review when property levied.

DCF 101.23(10)(c)1. 1. The department may collect the debt and the expenses of the levy by levy upon any personal property belonging to the debtor.

DCF 101.23(10)(c)2. 2. The department shall serve the levy upon the debtor and any 3rd party in possession of or obligated with respect to property or rights to property that is subject to levy by personal service or by any type of mail service that requires a signature of acceptance as provided in s. 49.195 (3n) (m), Stats. The debtor or 3rd party’s failure to accept or receive service of the levy does not invalidate the levy.

DCF 101.23(10)(c)3. 3. Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227, Stats., within 20 days from the date on the service of levy. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The levy is not stayed pending an appeal where property is secured through the levy.