(b) A description of the activities missed.
(c) The number of hours missed on the dates of nonparticipation.
(d) The amount to be deducted from the benefit for each hour of nonparticipation.
(2) Termination. Before taking any action that would result in termination of a participant’s eligibility to participate in Wisconsin works, a Wisconsin works agency shall issue a written notice to the participant. The notice shall include a description of the deficiency, failure, or other behavior that has resulted in the termination of eligibility.
(3) Reasonable time to rectify. (a) For purposes of this subsection, “reasonable time” means within 7 business days after the date of the written notice issued by the Wisconsin works agency under sub. (1) or (2).
(b) A participant who believes the Wisconsin works agency’s decision to reduce benefits or terminate eligibility is in error may, within a reasonable time, provide the Wisconsin works agency with a good cause reason for the deficiency, failure or other behavior to avoid the reduction of benefits or termination of eligibility.
(c) If the Wisconsin works agency determines the participant had good cause under s. DCF 101.20, the Wisconsin works agency shall take action to restore the participant’s benefits or eligibility. (d) If the participant does not provide the Wisconsin works agency with a good cause reason within a reasonable time or if the Wisconsin works agency determines the participant did not have good cause under s. DCF 101.20, the Wisconsin works agency shall proceed with the proposed action to reduce benefits or terminate eligibility. SECTION 2. DCF 101.21 (1) is repealed and recreated to read:
DCF 101.21 Sanctions. (1) Refusal to participate. (a) In this section:
1. “Appropriate” means consistent with an individual’s employability plan.
2. “Employer” means a person, entity, or Wisconsin works agency that provides employment for an individual.
3. “Employment” means work, work experience, meetings, or training assigned to an individual.
4. “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. 5. “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 all of the following:
a. A violation by an individual of an employer’s reasonable written policies concerning the use of alcohol beverages, controlled substances as specified under s. 961.01(4), Stats., or controlled substance analogs specified under s. 961.01 (4m), Stats. b. 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.
c. Conviction of an individual of a crime or other offense subject to civil forfeiture, 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.
d. One or more threats or acts of harassment, assault, or other physical violence by an individual at an employment site.
e. Use of profane or abusive language directed towards staff or others at an employment site.
6. “Participation period” means the 16th of one month to the 15th of the next month.
(b) A Wisconsin works agency shall provide to each individual in the program a written description of the following:
1. The individual’s obligation to participate in assigned activities.
2. The actions under par. (c) that demonstrate a refusal to participate.
3. 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.
(c) An individual demonstrates a refusal to participate if the individual does any of the following:
1. Is discharged from employment for misconduct or engages in misconduct on the premises of an employer.
2. 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.
3. Leaves an interview or a meeting with a prospective employer prior to the conclusion of the interview or meeting.
4. 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.
5. Fails to complete a job application required by a prospective employer.
6. Communicates to a prospective employer a requirement for salary, hours of employment, or working conditions that disqualifies the individual from employment with that employer.
7. 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.
8. Voluntarily leaves appropriate employment or refuses a bona fide offer of appropriate employment.
9. 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. 10. Refuses or fails to follow a verbal or written direction from Wisconsin works agency staff or staff at an employment site.
11. Uses vulgar or profane language or engages in abusive behavior directed towards staff or others in the Wisconsin works agency or employment site.
12. 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.
(d) Notwithstanding par. (c) (intro.), an individual who does any of the actions specified in par. (c) 1. to 12. does not demonstrate a refusal to participate if the Wisconsin works agency determines that the individual has good cause under s. DCF 101.20. SECTION 3. Effective date. This rule shall take effect the first day of the month following publication in the Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
