Chapter DWD 801

DWD 801.03(15r) (15r) “Pre-existing training program” means an employment training program that an applicant or placement partner has previously conducted to increase trainees’ or workers’ skills to better match the applicant’s or placement partner’s needs. “Pre-existing training program” does not include a pilot program conducted to evaluate feasibility.

DWD 801.03(17) (17) “Private organization” means a private for-profit or non-profit business or service provider.

DWD 801.03(17m) (17m) “Project” means the development or implementation of a workforce training program that an applicant proposes to conduct under a grant.

DWD 801.03(18) (18) “Public organization” means any of the following:

DWD 801.03(18)(a) (a) A state or local agency, department, committee, council, or public body created by constitution, statute, ordinance, or rule, including a county, city, village, town, school district, or technical college district.

DWD 801.03(18)(b) (b) A formally constituted subunit of an entity specified in par. (a).

DWD 801.03(18)(c) (c) A tribal governing body of a federally recognized tribe or band of Indians or an organization appointed by the tribal governing body.

DWD 801.03(20m) (20m) “Trainee” means an individual receiving workforce training in a project conducted under a grant.

DWD 801.03(21) (21) “Underemployed worker” means an individual who is currently employed in a capacity that does not reflect the skills and experience of the individual and that is reflected in less than desirable terms of compensation, hours, or responsibility.

DWD 801.03(22) (22) “Unemployed worker” means an individual who is currently out of work and is available for work. “Unemployed worker” includes a secondary education student in a project for which the employer confirms an intent to hire students who successfully complete the project. “Unemployed worker” does not include an individual who is not working but anticipates being called back to his or her regular employment.

DWD 801.03 History History: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: am. (1), (2), r. (5), (7), am. (8), (9), renum. (10) to (10) (intro.), (a) to (c) and am., am. (12), (13), r. (14), am. (15), cr. (15g), (15r), (17m), renum. (18) to (18) (intro.), (a), (b) and am., cr. (18) (c), r. (20), cr. (20m), am. (21), (22) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (1), (2), r. (5), (7), am. (8), (9), renum. (10) to (10) (intro.), (a) to (c) and am., am. (12), (13), r. (14), am. (15), cr. (15g), (15r), (17m), renum. (18) to (18) (intro.), (a), (b) and am., cr. (18) (c), r. (20), cr. (20m), am. (21), (22) Register June 2023 No. 810, eff. 7-1-23.

DWD 801.04 DWD 801.04 Eligibility.

DWD 801.04(1) (1) Eligible applicants. Any public or private organization that is current on all federal and state tax obligations, is in compliance with applicable federal and state laws and regulations, and is financially viable is eligible to receive grant funds.

DWD 801.04(2) (2) Eligible projects. A project is eligible to receive grant funds if its proposal demonstrates that the project will do all of the following:

DWD 801.04(2)(a) (a) Train unemployed workers, underemployed workers, incumbent employees, or any combination of unemployed workers, underemployed workers, or incumbent employees.

DWD 801.04(2)(b) (b) Achieve the outcomes required by the GPA, which may include improving employment, reducing layoffs, and increasing overall employment in the state by improving unemployed and underemployed workers’ and incumbent employees’ skills to better match employers’ needs.

DWD 801.04 History History: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: r. and recr. (title), am. (1), renum. (2) to (2) (intro.), (b) and am., cr. (2) (a) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): r. and recr. (title), am. (1), renum. (2) to (2) (intro.), (b) and am., cr. (2) (a) Register June 2023 No. 810, eff. 7-1-23.

DWD 801.05 DWD 801.05 Application.

DWD 801.05(1) (1) Who may apply. An applicant may be any of the following:

DWD 801.05(1)(a) (a) A public organization.

DWD 801.05(1)(b) (b) A private organization.

DWD 801.05(1)(c) (c) A consortium of placement partners with a lead public or private organization serving as the applicant.

DWD 801.05(2) (2) Solicitation. The department shall solicit applications for grants by publishing a GPA on the department’s website. The department may also distribute copies of the GPA to interested parties.

DWD 801.05 Note Note: GPAs can be found on the department’s website at https://wisconsinfastforward.com/wff_standard.htm.

DWD 801.05(3) (3) Submission of applications.

DWD 801.05(3)(c) (c) An applicant shall submit an application for a grant to the department in accordance with the deadline and processes indicated in the GPA for the grant, which may include instructions for applications on paper or in an electronic format.

DWD 801.05(3)(d) (d) The department may issue grant guidelines and may update the guidelines as necessary. The guidelines may contain clarification or additional information on grant application instructions, requirements, and procedures.

DWD 801.05(4) (4) Content of application. An application for a grant for a project shall include all of the following:

DWD 801.05(4)(b) (b) Identification and contact information for the project point of contact, the financial officer for the project, and the signatories authorized by the proposed grantee to execute legal documents.

DWD 801.05(4)(d) (d) A description of the critical work force shortage that exists in the project target area.

DWD 801.05(4)(e) (e) An abstract that briefly describes the project and highlights the project’s purpose.

DWD 801.05(4)(f) (f) A summary of the budget request, including the amount and source of matching funds to be used in the project in accordance with requirements established by the GPA.

DWD 801.05(4)(g) (g) A justification of the proposed budget detailing cost estimates used in compiling the budget request.

DWD 801.05(4)(h) (h) A narrative description of the project, including the number of unemployed and underemployed workers and incumbent employees that will be enrolled as trainees in the project and how the project will achieve the outcomes required by the GPA.

DWD 801.05(4)(i) (i) A statement of assurances and certifications in accordance with s. DWD 801.12.

DWD 801.05(4)(im) (im) If the applicant is the lead for a consortium of placement partners, the names of the placement partners.

DWD 801.05(4)(jm) (jm) For applicants proposing to use one or more placement partners, in whole or in part, to achieve the outcomes required by the GPA, a letter of commitment from each placement partner describing the commitment the placement partner has made to the applicant to achieve the outcomes required by the GPA. A letter of commitment under this paragraph must be signed by an official of the placement partner who has the authority to enter a binding commitment on its behalf.

DWD 801.05(4)(km) (km) A letter of commitment from each organization that will be providing match contributions to the project stating the match contribution that the organization will make. A letter of commitment under this paragraph must be signed by an official of the organization who has the authority to enter a binding commitment on its behalf.

DWD 801.05(4)(L) (L) Information on the proposed use of one or more subcontractors in accordance with standards established by the GPA.

DWD 801.05(4)(m) (m) Any other information required in the GPA.

DWD 801.05(5) (5) Review of applications.

DWD 801.05(5)(a) (a) Preliminary review. All grant applications shall meet the eligibility requirements under s. DWD 801.04 and include all of the application contents specified in sub. (4). The department or persons invited by the department shall review each application for eligibility under s. DWD 801.04 and compliance with the format and content specifications of sub. (4) and the GPA. The department may deny any application that fails to meet any of the eligibility requirements or fails to comply with the format and content specifications. Denial of an application under this paragraph is not subject to administrative review.

DWD 801.05(5)(b) (b) Evaluation criteria. The department or persons invited by the department shall evaluate grant applications that meet the criteria as specified in par. (a) using the criteria specified in the GPA and all of the following criteria:

DWD 801.05(5)(b)1. 1. The applicant’s organizational and programmatic capacity to implement the proposed project.

DWD 801.05(5)(b)2. 2. The applicant’s understanding and ability to communicate the needs of the target population.

DWD 801.05(5)(b)3. 3. The applicant’s stated purpose and objectives for the project and methods and timetable for implementing the project.

DWD 801.05(5)(b)4. 4. The extent to which the applicant’s proposed budget is clear and justified.

DWD 801.05(5)(b)5. 5. An evaluation plan for the project.

DWD 801.05(5)(b)6. 6. The potential impact on economic development.

DWD 801.05(5)(b)7. 7. The potential impact on economic opportunities for the business, the trainees and the local workforce.

DWD 801.05(5)(b)8. 8. The potential impact of the project on building the capacity of the workforce to find and retain employment.

DWD 801.05(6) (6) Ranking applications.

DWD 801.05(6)(a) (a) The department or persons invited by the department shall weigh the importance of each evaluation criterion by assigning points to it. The criteria weighting shall be provided in the GPA.

DWD 801.05(6)(b) (b) Using the evaluation criteria specified in sub. (5) (b), the department or persons invited by the department shall evaluate each application using each applicable criterion and assign points signifying the degree to which the application meets the criterion up to the maximum number of points specified in the GPA. The total points assigned to the application for all applicable criteria will be the score for the application.

DWD 801.05(6)(c) (c) The department shall numerically rank each application for each GPA.

DWD 801.05(6)(d) (d) In addition to application rankings, the department or persons invited by the department may consider underserved populations, strategic priorities, past performance, underserved geographic areas, potential to replicate the project, cost per trainee, and available funding.

DWD 801.05 History History: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: am. (1) (a), (c), r. (1) (d), am. (2), (3) (title), r. (3) (a), (b), am. (3) (c), (d), (4) (intro.), r. (4) (a), am. (4) (b), r. (4) (c), am. (4) (h), (i), cr. (4) (im), r. (4) (j), cr. (4) (jm), r. (4) (k), cr. (4) (km), am. (5) (a), (b) (intro.), 3., (6) (a), (b), (d) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): CR 22-056: am. (1) (a), (c), r. (1) (d), am. (2), (3) (title), r. (3) (a), (b), am. (3) (c), (d), (4) (intro.), r. (4) (a), am. (4) (b), r. (4) (c), am. (4) (h), (i), cr. (4) (im), r. (4) (j), cr. (4) (jm), r. (4) (k), cr. (4) (km), am. (5) (a), (b) (intro.), 3., (6) (a), (b), (d) Register June 2023 No. 810, eff. 7-1-23.

DWD 801.06 DWD 801.06 Grant awards.

DWD 801.06(1) (1) Making awards. Except as provided in sub. (2), for each GPA, the department shall award a grant to the applicant with the highest numerical score under s. DWD 801.05 (6).

DWD 801.06(2) (2) Exceptions. In reviewing a grant application, the department may do any of the following:

DWD 801.06(2)(a) (a) Reject any application which fails to meet the content specifications under s. DWD 801.05 (4). Rejection of an application for failure to meet the content specifications under s. DWD 801.05 (4) is not subject to administrative review.

DWD 801.06(2)(b) (b) Negotiate the amount of an award, authorized budget items, and programmatic goals and objectives before awarding a grant to an applicant.

DWD 801.06(2)(c) (c) Consider additional factors, including underserved populations, strategic priorities, past performance, underserved geographic areas, potential to replicate the project, cost per trainee, and available funding.

DWD 801.06(3) (3) Notification. The department shall notify each applicant, in writing, within 60 days of the deadline stated in the GPA for submitting a grant application, of either of the following:

DWD 801.06(3)(a) (a) The department’s decision on the application.

DWD 801.06(3)(b) (b) The current status of the application and the date by which the department anticipates issuing a decision on the application.

DWD 801.06(4) (4) Administrative review. Except as provided in s. DWD 801.05 (5) (a) and sub. (2) (a), an applicant for a grant described in a GPA may request an administrative review of an adverse decision of the department regarding the application. The request shall be in writing. The request shall be received by the department within 10 working days of the date of the department’s notice to the applicant advising the applicant of the adverse decision.

DWD 801.06(5) (5) Contract.

DWD 801.06(5)(a) (a) The department shall make each grant award through a contract between the department and the applicant selected to receive the grant.

DWD 801.06(5)(b) (b) The contract shall provide for the retainage of a percentage of the grant funds, in accordance with a standard established by the GPA, to be paid upon compliance with the conditions of the grant.

DWD 801.06(6) (6) Availability of funds.

DWD 801.06(6)(a) (a) The department shall decide the amount of funds available for grants from the expected appropriation under s. 20.445 (1) (b), Stats., and shall announce the availability of funds in one or more GPAs.

DWD 801.06(6)(b) (b) All funding decisions shall be contingent upon availability of funds under s. 20.445 (1) (b), Stats. Any changes in the amount of funds available which were unforeseen at the time of the department’s release of a GPA shall be accommodated by the department, as appropriate, by means of reduction, elimination, or increase in existing awards, by awarding of funds to applicants previously denied due to insufficient funds, or by release of a new GPA.

DWD 801.06(6)(c) (c) Any funds that become available due to a denial of an award to a selected applicant as a result of failure of the selected applicant to sign the required contract, or as a result of termination of a project by the department or the applicant, shall be reallocated by the department at its discretion but within the limits of the intent of the appropriation and this chapter.

DWD 801.06 History History: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: am. (2), renum. (3) to (3) (intro.) and am., cr. (3) (a), (b), am. (4), (6) (c) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (2), renum. (3) to (3) (intro.) and am., cr. (3) (a), (b), am. (4), (6) (c) Register June 2023 No. 810, eff. 7-1-23.

DWD 801.07 DWD 801.07 Restrictions.

DWD 801.07(1) (1) Prohibited use of funds. Grant funds shall be used only for the payment or reimbursement of expenses which are allowable under s. DWD 801.09, reasonable, necessary, and properly assignable to the purposes of an approved grant. Any other use of grant funds is prohibited.

DWD 801.07(2) (2) Violation of prohibited activities. If a grantee uses grant funds for prohibited activities under sub. (1), the department may terminate the grant and recover funds previously paid to the grantee under the grant.

DWD 801.07(4) (4) Ownership of curriculum. Curriculum developed for a project using grant funds is owned by the department. Subject to any conditions established by the grant, any of the following may make future use of the curriculum:

DWD 801.07(4)(a) (a) The grantee.

DWD 801.07(4)(b) (b) Any placement partner that is part of a consortium for which an application is made under s. DWD 801.05 (1) (c).

DWD 801.07 History History: CR 13-045: cr. Register April 2014 No. 700, eff. 5-1-14; CR 22-056: am. (1), (2), r. (3) Register May 2023 No. 809, eff. 6-1-23; CR 22-056 (corrected version): am. (1), (2), r. (3), cr. (4) Register June 2023 No. 810, eff. 7-1-23.

DWD 801.08 DWD 801.08 Match requirement. Match contributions determined by the department under s. 106.27 (1) (intro.), Stats., are subject to all of the following criteria:

DWD 801.08(1) (1) The match contributions shall be from private funds or from public funds specifically authorized by federal or state law to satisfy the matching requirements.

DWD 801.08(2) (2) The match contributions may not be used to satisfy any other state or federal matching requirements.

DWD 801.08(3) (3) The match contributions shall be made during the required matching period identified in the GPA and the grant.

DWD 801.08(5) (5) Trainee wages, stipends, and fringe benefits may be considered as match contributions.

DWD 801.08(6) (6) In-kind contributions may be accepted as part of the match contribution if the grantee provides the basis for valuing the contribution.

DWD 801.08(7) (7) The GPA or the grant may identify additional match conditions based on the specific nature of the proposal or grant.