Wisconsin Legislature: DWD 295.25(3)(d)

History: CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction to (4) (title) to (10) (title) made under s. 13.92 (4) (b) 2., Stats., Register November 2010 No. 659; CR 14-032: am. (2) (intro.), (a), (5) (intro.), (a), (b), (7) (intro.), (a) to (c) Register May 2015 No. 713, eff. 6-1-15.

DWD 295.22 Reinstatement of program registration. Any apprenticeship program deregistered under s. DWD 295.21 may be reinstated by the department upon presentation to the department of adequate evidence that the apprenticeship program is operating in accordance with this chapter.

History: CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.23 Hearings for deregistration.

(1) Within 10 days of receipt of a request for a hearing, the department shall designate a hearing officer to preside over the hearing. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested, to the appropriate sponsor. The notice shall include all of the following:

(a) A reasonable time and place of hearing.

(b) A statement of the provisions of this chapter pursuant to which the hearing is to be held.

(c) A concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.

(2) The procedures contained in ch. 227, Stats., shall apply to the disposition of the request for hearing except that:

(a) The hearing officer shall receive, and make part of the record, documentary evidence offered by any party and accepted at the hearing. Copies thereof shall be made available by the party submitting the documentary evidence to any party to the hearing upon request.

(b) Technical rules of evidence shall not apply to hearings conducted pursuant to this chapter, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied, where reasonably necessary, by the hearing officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence.

(c) The hearing officer shall issue a written decision within 90 days of the close of the hearing record. The hearing officer’s decision constitutes final agency action unless, within 20 days from the date of the decision, a party dissatisfied with the decision files a petition for rehearing with the department, specifically identifying the procedure, fact, law or policy to which exception is taken. Any exception not specifically noted is deemed to have been waived. A copy of the petition for rehearing shall be sent to the opposing party at the same time. Thereafter, the decision of the hearing officer remains final agency action unless the hearing officer, within 30 days of the filing of the petition for rehearing, notifies the parties that it has accepted the case for rehearing. The hearing officer may set a briefing schedule or decide the matter on the record. The hearing officer shall decide any case that the hearing officer accepts for review within 180 days of the close of the record. If not so decided, the hearing officer’s previous decision constitutes final agency action.

History: CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 14-032: am. (1) (intro.), (a), (b) Register May 2015 No. 713, eff. 6-1-15.

DWD 295.25 Apprenticeship completion award program.

(1) Definitions. In this section:

(a) “Sponsor” has the meaning given under s. 106.001 (8), Stats. “Sponsor” does not include a state agency or local governmental unit.

(b) “Tuition costs” has the meaning given under s. 106.05 (1) (b), Stats.

Note: Examples of costs which are not “tuition costs” include student fees charged for use of a health center, parking fees, or late fees.

Note: Section 106.001 (8), Stats., defines ”sponsor” as follows:

“Sponsor” means any employer, organization of employees, association of employers, committee, or other person operating an apprenticeship program and in whose name the apprenticeship program is approved by the department.

Note: Section 106.05 (1) (b), Stats., defines ”tuition costs” as follows:

“Tuition costs” means any fee that is charged for an apprentice to participate in related instruction under s. 106.01 (6), Stats.

Note: Section DWD 295.001 (20), defines ”related instruction” as follows:

“Related instruction” means an organized and systematic form of instruction designed to provide the apprentice with the knowledge of the theoretical and technical subjects related to the apprentice’s occupation. Such instruction may be given in a classroom, through occupational or industrial courses, or by correspondence courses of equivalent value, electronic media, or other forms of self-study approved by the department.

(2) Notice of eligibility. After the first 12 months of the apprenticeship contract under s. DWD 295.07, and upon successful completion of the apprenticeship contract, the department will notify the apprentice and sponsor in writing or by computer-based programs, of eligibility to apply for an apprenticeship completion award. This notice will include specific details on applying for an apprenticeship completion award.

(3) Eligibility. The department shall provide an apprenticeship completion award under s. 106.05, Stats., to an apprentice or sponsor who has incurred tuition costs and meets all of the following requirements:

(a) The apprentice has a valid apprenticeship contract under s. DWD 295.07.

(b) The apprentice or sponsor has not been reimbursed for any tuition costs by any other entity.

(c) The apprentice or sponsor completes and files an application under sub. (4), within 60 days of the date of the notice provided by the department under sub. (2), that the apprentice or sponsor is eligible for an apprenticeship completion award. If an application for a completion award is not received within 60 days of the date of the notice provided by the department, the department does not guarantee the payment of an apprenticeship completion award.

(d) The apprentice has successfully completed the first year of the apprenticeship contract or has fully completed the apprenticeship contract and the apprentice is employed in the trade, occupation, or business in which the apprentice is being trained.

(e) If the applicant is delinquent in child support or maintenance payments, or owes past support medical expenses or birth expenses, then the applicant must meet the requirements under s. 106.05 (3) (b), Stats.

(4) Application for apprenticeship completion award. The application for an apprenticeship completion award shall contain all of the following:

(a) The name and address of the apprentice and sponsor, and identification of who is applying for reimbursement.

(b) A copy of all invoices and documents containing tuition costs eligible for apprenticeship completion awards. This information shall include all of the following:

1. The name and address of the entity to whom the tuition costs were paid.

2. The amount and description of all tuition costs.

3. The dates on which tuition costs were paid.

4. Cancelled checks or other information documenting that the apprentice or sponsor has paid all costs under subd. 2.

5. Any other relevant information requested by the department.

1. The apprentice has successfully completed the first year under the apprenticeship contract.

2. The apprentice has successfully completed the full apprenticeship contract.

Note: The application for apprenticeship completion awards can be found online at http://www.wisconsinapprenticeship.org.

(5) Completion award rates and recalculations.

(a) The department shall reimburse all eligible tuition costs under this section in an amount not to exceed 25%, or $1,000, whichever is less, upon successful completion of an apprenticeship contract.

(b) The department shall reimburse an apprentice or sponsor up to $250 after the apprentice has successfully completed the first year under the apprenticeship contract. The total award granted in the first year under this paragraph, combined with any award received after the first year, may not exceed the amount specified in par. (a).

(c) The department may calculate the amount of an apprenticeship completion award on a pro rata basis when both the apprentice and sponsor incur eligible tuition costs. The total amount of the apprenticeship completion award may not exceed the amounts identified under pars. (a) and (b).

(d) If the amount of funds to be distributed under this section exceeds the amount available under s. 20.445 (1) (b), Stats., the department may deny applications for apprenticeship completion awards that would otherwise qualify under sub. (4).

History: CR 14-032: cr. Register May 2015 No. 713, eff. 6-1-15; correction in numbering of (5) made under s. 13.92 (4) (b) 1., Stats., Register May 2015 No. 713; correction in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.