VA 2.03(5)(e)(e) The employment of a veteran under the program may not result in the full or partial displacement of currently employed workers. VA 2.03(5)(f)(f) The employment of a veteran under this program may not be in a job while any other individual is on layoff from the same or substantially equivalent job or the opening that was created as a result of having terminated the employment of any regular employee or otherwise having reduced the work force with the intention of hiring a veteran under this program. VA 2.03(5)(g)(g) The employer may not employ in this program a veteran who is already qualified by training or experience for the job for which training is to be provided. VA 2.03(5)(h)(h) The employer shall consider the veteran’s prior applicable training and may shorten the training program accordingly. VA 2.03(5)(i)(i) Each participating veteran shall be employed full-time in the program of job training. VA 2.03(5)(j)(j) The training period under the proposed program may not be longer or shorter than the training period that employers in the community customarily require new employees to complete in order to become competent in the occupation for which training is to be provided. VA 2.03(5)(k)(k) The training establishment or place of employment shall have adequate space, equipment, instructional material, and instructor personnel as needed to accomplish the training objective. VA 2.03(5)(L)(L) The employer shall keep records adequate to show the progress made by each veteran participating in the program and otherwise to demonstrate compliance with the requirements of the program for at least 3 years. The employer shall make these records and accounts available for examination by the department as may be required. VA 2.03 HistoryHistory: Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. (1) (d), (2) (e) and (3) (a), Register, June 1992, No. 438, eff. 7-1-92; r. (1) (f), am. (2) (b) (3) (a), cr. (2) (f), (4), Register, August, 1993, No. 452, eff. 9-1-93; cr. (1) (f), am. (2) (f) and (3) (a), Register, January, 1996, No. 481, eff. 2-1-96; am. (1) (e), (2) (b), (d), (3) (a) and (b), r. (2) (a) and (c), cr. (2) (g), (h), (3) (c), and (5), Register, July, 1998, No. 511, eff. 8-1-98; CR 05-091: am. (2) (g), cr. (2) (i) to (k) Register January 2006 No. 601, eff. 2-1-06; corrections in (4) made under s. 13.92 (4) (b) 6., Stats., Register October 2009 No. 646; 2013; Wis. Act 189: am. (1) (b) to (d), (g), (h), (2) (b) Register April 2013 No. 700, eff. 5-1-14; CR 21-012: am. (1) (intro.), (d), (g), renum. (2) (b) to (2) (b) 1. and am., am. (2) (e), renum. (2) (g) to (2) (g) 1. and am., am. (2) (k), renum. (3) (a), (b), (c), (4) to (3) (a) (intro.), (b) 1., (c) 1., (4) (a) and am., am. (5) (b) to (L) Register September 2021 No. 789, eff. 10-1-21. VA 2.04VA 2.04 Standard student budget. VA 2.04(1)(1) Educational budget. A standard educational budget for a single or married student shall include standard living expenses and all actual expenses for tuition, course fees, and book and materials costs for the academic year. VA 2.04(2)(a)(a) Living expenses shall be based upon 9 months living expenses per academic year. VA 2.04(2)(b)(b) An amount determined under par. (d) shall be added to the budget per month per dependent not including the student’s spouse. VA 2.04(2)(c)(c) A budget for standard living expenses plus the amount to be added to the budget for dependents shall be increased on July 1 of every year. VA 2.04(2)(d)(d) The amount to be added shall be computed on the basis of the percentage of the increase in the consumer price index for all urban consumers during the preceding calendar year rounded to the nearest dollar. VA 2.04 HistoryHistory: Cr. Register, December, 1973, No. 216, eff. 1-1-74; emerg. am., eff. 10-1-74; emerg. am., eff. 1-29-75; emerg. am., eff. 6-25-75; emerg. am., eff. 10-25-75; emerg. am., eff. 1-30-76; emerg. am., eff. 6-1-76; emerg. am., eff. 9-28-76; emerg. am., eff. 2-3-77; emerg. am., eff. 6-4-77; emerg. am., eff. 10-3-77; emerg. am., eff. 1-30-78; emerg. am., eff. 5-31-78; am. Register, September, 1978, No. 273, eff. 10-1-78; am. Register, December, 1979, No. 288, eff. 1-1-80; am. Register, October, 1980, No. 298, eff. 11-1-80; am. Register, April, 1986, No. 364, eff. 5-1-86; am. Register, February, 1989, No. 398, eff. 3-1-89; 2013 Wis. Act 189: renum. from VA 9.03 Register April 2013 No. 700, eff. 5-1-14; CR 21-012: am. (title), renum. VA 2.04 to VA 2.04 (1), (2) (a), (c), (d) and am., cr. (2) (b) Register September 2021 No. 789, eff. 10-1-21. VA 2.05VA 2.05 Recovery of erroneous payments. VA 2.05(1)(1) Criteria. The department may recover payments made as a grant under s. 45.20 or 45.21, Stats., if any of the following apply: VA 2.05(1)(a)(a) The information provided by the applicant or the school is inaccurate. VA 2.05(1)(b)(b) The department incorrectly calculated the grant amount. VA 2.05(1)(c)(c) The applicant is not entitled to a grant or is entitled to a lower grant amount as a result of a change in circumstances that affects the applicant’s eligibility to receive the grant. VA 2.05(2)(2) Amount of recovery. The department may recover only the portion of the grant to which the applicant would not have been entitled if the correct information had been provided or the grant had been properly calculated, or as a change in circumstances warrants. VA 2.05(3)(a)(a) The department may request repayment of the amount due under sub. (2). VA 2.05(3)(b)(b) In lieu of a lump sum payment, the department may enter into an agreement under which the applicant may repay the amount due within a 12-month period. VA 2.05(3)(c)(c) If the applicant fails to repay the amount due within 30 days of a request for repayment or fails to comply with the terms of a repayment agreement, the department may offset future grants that the applicant may be entitled to under s. 45.20 or 45.21, Stats., until the amount due has been recovered. VA 2.05(3)(d)(d) The department may also suspend other benefits available to the applicant until the amount due has been recovered, except that the department may not suspend benefits available under s. 45.40, Stats. VA 2.05(4)(4) Waiver. The department may temporarily or permanently waive its authority to recover payments under sub. (1) or suspend benefits under sub. (3) if the applicant’s household income is totally exempt from garnishment under s. 812.34 (2) (b), Stats. VA 2.05(5)(5) Administrative review. Any department decision under this section is subject to appeal under s. VA 1.03. VA 2.05 HistoryHistory: CR 04-003: cr. Register June 2004 No. 582, eff. 7-1-04; CR 21-012: am. (2), renum. (3) to (3) (a) and am. Register September 2021 No. 789, eff. 10-1-21. VA 2.07VA 2.07 Grants to nonprofit organizations. VA 2.07(1)(1) Authority and purpose. The purpose of this section is to establish rules for the implementation and administration of grants to nonprofit organizations that provide financial assistance or other services to Wisconsin veterans and their dependents, as authorized under s. 45.46, Stats. VA 2.07(2)(2) Applicability. This section applies to grants awarded under s. 45.46, Stats. VA 2.07(3)(3) Definitions. In this section the following terms shall have the designated meanings: VA 2.07(3)(a)(a) “Applicant” means a nonprofit organization that applies for a grant to provide financial assistance or other services to veterans or their dependents. VA 2.07(3)(c)(c) “Evaluation committee” means a committee established to evaluate applications made under this section that is comprised of at least one member of the board of veterans affairs and other individuals appointed by the department. VA 2.07(3)(cm)(cm) “Financially viable” means the nonprofit organization is able to meet its financial obligations as they become due for the duration of the grant period. VA 2.07(3)(d)(d) “Nonprofit organization” means an organization described in section 501 (c) (3) of the internal revenue code that is exempt from federal income tax under section 501 (a) of the internal revenue code. VA 2.07(4)(4) Eligible applicant. A nonprofit organization is eligible to receive a grant under this section when all of the following apply: VA 2.07(4)(a)(a) It provides financial or other assistance to veterans or to the dependents of veterans. VA 2.07(4)(b)(b) It is current on all federal and state tax obligations. VA 2.07(4)(c)(c) It is a financially viable nonprofit organization. In this subsection, a nonprofit organization is financially viable if the nonprofit organization can meet its financial obligations for the duration of the grant period. VA 2.07(4)(d)(d) It is in current good standing with the Wisconsin department of financial institutions. VA 2.07(5)(a)(a) Competitive solicitation. The department shall ensure that all solicitations are conducted in a manner that provides for fairness and competition. VA 2.07(5)(b)1.1. The department shall provide reasonable public notice of all solicitations of grant proposals under s. 45.46, Stats. VA 2.07(5)(b)2.2. Notice may be made through the print, broadcast, or telecommunications media, including the Internet, at the discretion of the department. VA 2.07(5)(b)3.3. The notice shall include the purpose of the grant, the selection criteria, application procedures, and all applicable solicitation deadlines that an applicant is required to meet, or shall contain instructions for obtaining this information. VA 2.07(5)(c)1.1. An application for a grant under s. 45.46, Stats., shall be submitted to the department as directed in the notice provided under par. (b). VA 2.07(5)(c)2.2. An application shall be fully completed and signed by a representative of the applicant having authority to act for the applicant, and submitted by the required filing deadline. VA 2.07(5)(c)3.c.c. A description of the financial or other assistance or other services it provides to veterans and their dependents. VA 2.07(6)(a)(a) Evaluation criteria. The evaluation committee shall evaluate grant applications submitted under sub. (5) utilizing all of the following criteria: VA 2.07(6)(a)1.1. Organizational experience providing services to veterans. VA 2.07(6)(a)2.2. Understanding and ability to communicate the needs of veterans and their dependents. VA 2.07(6)(a)3.3. Stated purpose and objectives for the grant funds and method and timetable for expending funds. VA 2.07(6)(a)6.6. Outreach and referral plan to identify and assist veterans or their dependents with services. VA 2.07(6)(a)10.10. Experience serving underserved populations or underserved geographic areas. VA 2.07(6)(a)11.11. Past working relationships with veteran service organizations. VA 2.07(6)(b)1.1. The evaluation committee shall weight the importance of each evaluation criterion by using a numerical point system. VA 2.07(6)(b)2.2. Using the evaluation criteria specified in par. (a) the evaluation committee shall evaluate each application against each applicable criterion and assign points signifying the degree to which the application meets the criterion up to the maximum number of points. VA 2.07(6)(b)3.3. The total points assigned to the application for all applicable criteria will be the score for the application. VA 2.07(6)(b)4.4. The evaluation committee shall numerically rank each solicitation for grant proposals under this section. VA 2.07(7)(7) Notification. Each applicant shall be notified in writing of the department’s decision in accordance with the public notice. VA 2.07(8)(a)(a) The department shall award a grant to the applicants with the highest numerical score as funds are available. VA 2.07(8)(b)(b) A grant awarded under this section shall be made on forms approved by the department. The award shall be signed by the authorized representative of the department and shall list the conditions to which the award is subject. VA 2.07(8)(c)(c) The authorized representative of the recipient nonprofit organization shall accept the grant award by signing the award document and returning it to the department. The department may terminate a grant award if the award is not accepted within 10 calendar days of the date of issuance by the department. VA 2.07(10)(a)1.1. Grant funds shall be used only for the payment or reimbursement of expenses which are reasonable, necessary, and properly assignable to the purposes of the approved grant. Any other use of grant funds is prohibited. VA 2.07(10)(a)2.2. A grantee may not use more than a percentage, as determined by the department, of the grant funds for employee wages, compensation, travel, and related expenses assignable to the approved program. VA 2.07(10)(a)3.3. A grantee may not use grant funds to purchase capital equipment unless specified in the grant award. VA 2.07(10)(b)(b) Violation of prohibited use of funds. If a grantee uses grant funds for prohibited activities under par. (a), the department may terminate the grant and recover funds previously paid to the grantee for that funding period on a recoupment schedule specified in the grant award. VA 2.07(10)(c)(c) Record keeping. A grantee shall maintain grant records for at least 3 years and shall provide information to the department as required by the department for the purposes of program or fiscal audits and, at the request of the department, shall appear before the department to respond to any questions about the grant and use of grant funds. VA 2.07(11)(a)(a) Subject to pars. (b) and (c), the amount of a grant award shall be based on the amount requested by the applicant and the amount approved by the evaluation committee.
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