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1. The employing unit did not extend an offer of employment contingent on the individual submitting to a test for the presence of controlled substances.
2. The individual was unable to complete a test for the presence of controlled substances due to medical reasons.
3. The individual accepted an offer of employment from another employing unit before or at the time the individual declined to submit to the test under sub. (3).
4. The employing unit required the individual to pay for the test.
5. The requirements under s. 108.04 (9), Stats. apply to the work offered.
6. Any circumstances which the department determines are beyond the individual’s control.
(7) Period of ineligibility and requalification requirements for benefits. (a) An individual under this section who has failed, without good cause, to accept suitable work due to the positive results of a test without presenting evidence of a valid prescription, is ineligible to receive benefits until the individual earns wages after the week in which the failure occurs equal to at least 6 times the individual’s weekly benefit rate under s. 108.05 (1), Stats., in employment or other work covered by the unemployment insurance law of any state or the federal government.
(b) Notwithstanding par. (a), an individual under this section who has failed, without good cause, to accept suitable work due to the positive results of a test without presenting evidence of a valid prescription, may maintain eligibility for benefits under ch. 108, Stats., by enrolling in and complying with a substance abuse treatment program under s. DWD 131.30 and completing a job skills assessment as prescribed under s. DWD 131.40.
(c) An individual under this section who has failed, without good cause, to accept suitable work by declining to submit to a test for the presence of controlled substances, is ineligible to receive benefits until the individual earns wages after the week in which the failure occurs equal to at least 6 times the individual’s weekly benefit rate under s. 108.05 (1), Stats., in employment or other work covered by the unemployment insurance law of any state or the federal government.
DWD 131.30 Substance abuse treatment program. (1) Eligibility. (a) An individual whose positive results are reported under s. DWD 131.10 (2) may enroll in a substance abuse treatment program if all of the following apply:
  1. The individual is otherwise eligible for benefits under ch. 108, Stats.
  2. The services offered by a substance abuse treatment program are administered by a substance abuse treatment provider approved by the department.
  (b) An individual eligible under par. (a) may enroll in a substance abuse treatment program one time per benefit year.
(2) Authorization to release records. An individual who is eligible to enroll in a substance abuse treatment program under sub. (1) shall provide written authorization to the department for the disclosure of the individual’s records by the substance abuse treatment provider.
(3) Assessment. A substance abuse treatment provider shall use an assessment conducted under this chapter in order to determine the extent and severity of the individual’s use of controlled substances, and to determine the type of intervention necessary to address the individual’s use of controlled substances.
(4) Substance Abuse treatment plan. The substance abuse treatment provider shall develop a substance abuse treatment plan that identifies the goals, objectives, resources and dates of treatment for the individual. The substance abuse treatment provider shall provide a copy of the substance abuse treatment plan to the department.
(5) Substance abuse treatment program enrollment. Within 5 working days of being directed by the department, an individual shall contact an approved substance abuse treatment provider to schedule an assessment. An individual is considered to be enrolled in a substance abuse treatment program if any of the following apply:
(a) The individual schedules an assessment for the earliest date that is available with a substance abuse treatment provider.
(b) The individual requests placement on a waitlist maintained by the department for an assessment if the individual is unable to schedule an assessment with a substance abuse treatment provider. An individual who requests placement on a waitlist shall certify on a weekly basis, in a manner prescribed by the department, that the individual will schedule an assessment when services first become available with a substance abuse treatment program provider.
(6) Substance abuse treatment program compliance. (a) An individual shall comply with all requirements of a substance abuse treatment plan as prescribed in sub. (4). Compliance in a substance abuse treatment program shall be satisfied by any of the following:
1. The substance abuse treatment provider informs the department on a weekly basis, in a manner prescribed by the department, of an individual’s compliance with the substance abuse treatment plan.
2. The individual certifies to the department on a weekly basis, in a manner prescribed by the department, that the individual is placed on a waitlist for a substance abuse treatment program and will comply with a substance abuse treatment plan when services first become available with a substance abuse treatment provider.
(b) An individual who fails to comply with the substance abuse treatment plan under par. (a) is ineligible to receive benefits until the individual earns wages after the week in which the failure occurs equal to at least 6 times the individual’s weekly benefit rate under s. 108.05 (1), Stats., in employment or other work covered by the unemployment insurance law of any state or the federal government.
(7) Successful completion of substance abuse treatment program. (a) A substance abuse treatment provider shall notify the department, as directed, when an individual successfully completes the requirements of the substance abuse treatment program.
(b) An individual may complete a substance abuse treatment program with an alternate substance abuse treatment provider with advance department approval.
(8) Substance abuse treatment program costs. (a) The department shall pay for reasonable costs of the services provided by the substance abuse treatment provider as set forth in the individual’s substance abuse treatment plan for each week the individual is eligible for benefits under ch. 108, Stats.
(b) Notwithstanding par. (a), the department shall pay for reasonable costs of the services provided by the substance abuse treatment provider as set forth in the substance abuse treatment plan if the individual is determined ineligible for benefits under ch. 108, Stats., solely due to the individual complying with the requirements of the individual’s substance abuse treatment plan.
DWD 131.40. Jobs skills assessment. (1) An individual whose positive results are reported under s. DWD 131.10 (2) and who elects to enroll in and comply with a substance abuse treatment plan under s. DWD 131.30 shall complete a job skills assessment as directed by the department.
(2) The department may require an individual to participate in reemployment services under s. DWD 127.07 in order to complete the job skills assessment.
(3) An individual who fails to participate in a job skills assessment under this section as directed by the department is ineligible to receive benefits until the individual earns wages after the week in which the failure occurs equal to at least 6 times the individual’s weekly benefit rate under s. 108.05 (1), Stats., in employment or other work covered by the unemployment insurance law of any state or the federal government.
Section 2. Effective date. This rule shall take effect upon publication and remains in effect for 150 days. The department may seek to extend this emergency rule as provided in s. 227.24, Stats.
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