The Veterans Housing Loan Program under ch. 45, subch. III, Stats., was repealed as affected by 2019 Wisconsin Act 9 (biennial budget bill), thus eliminating the Department’s administrative requirements and authority relating to the Veteran’s Housing Loan Program. The proposed rule eliminates references to the housing loan program in ch. VA 1. Pursuant to ss. 45.03 (2m) and 227.14 (2) (a) 6m., Stats., administrative rules prepared by the Department of Veterans Affairs must be provided to the Board of Veterans Affairs. The Board may prepare a report containing written comments and its opinion regarding the proposed rules. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Fiscal Estimate and Economic Impact Analysis:
The department posted the rule on the department’s website for 14 days to solicit economic impact comments. No comments were received.
Effect on small business:
The proposed rules do not affect small business.
Agency contact person:
Mindy Allen, Administrative Rules Coordinator
Department of Veterans Affairs
2135 Rimrock Road, P.O. Box 7843
Madison, WI 53707-7843
(608) 264-6085
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to the contact information listed above no later than the date of the public hearing. The date, time, and place of the public hearing will be published in the Wisconsin Administrative Register.
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TEXT OF RULE
section 1.
Chapter VA 1 (title) is amended to read: Chapter VA 1 (title) GENERAL PROVISIONS section 2.
VA 1.001 (3), (4), (4m), (6), and (7) are created to read: VA 1.001 (3) “Dependent” has the meaning given under s. 45.01 (6), Stats.
(4) “Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, the veteran’s guardian if the veteran is adjudicated incompetent, or a personal representative of the estate if the veteran is deceased. Where for proper reason, as determined by the department, no duly authorized representative has been or will be appointed, the applicant’s spouse, an adult child, or if the applicant is unmarried, “duly authorized representative” means either of the applicant’s parents.
(4m) “Member” means an individual who is eligible for membership in a veterans home as specified under s. 45.51, Stats. (6) “USDVA” means the U.S. department of veterans affairs.
(7) “Veteran” has the meaning given under s. 45.01 (12), Stats. section 3.
VA 1.01 is renumbered VA 1.01 (3) and amended to read: VA 1.01 (3) Liberal statutory construction Liberal application of statutes. The department of veterans affairs shall administer interpret and apply the provisions of ch. 45, Stats., in an expeditious a broad and liberal manner, resolving all reasonable doubt in favor of the veteran, to the end ensure that available benefits are provided to veterans the veteran and their the veteran’s eligible dependents as promptly and effectively as possible. section 4.
VA 1.01 (title), (1) and (2) are created to read: VA 1.01 (title) Department authority. (1) Chapters VA 1 to 18 are promulgated under the authority of s. 45.03 (2), Stats., for implementation of ch. 45, Stats. (2) Interpretation. The department reserves the right to interpret the requirements of ch. 45, Stats., and chs. VA 1 to 18.
section 5.
VA 1.02 is amended to read: VA 1.02 Application for benefits. An application for benefits from the department must shall be made on approved departmental forms a form approved by the department, signed by an eligible dependent, and/or by the veteran, and/or such or both, or any other person as the department may require in connection with the specific benefit application involved. The department may require that a loan application or a credit instrument executed in connection with a loan be signed by the veteran’s spouse only in a case where such requirement may legally be imposed under s. DFI-WCA 1.85, and under the provisions of the Equal Credit Opportunity Act and regulations adopted thereunder. It is unlawful for anyone to charge an applicant, or spouse, or dependent a commission for assisting them in assistance with completing or securing the approval of an application for benefits from the department. section 6.
VA 1.02 (Note) is created to read: VA 1.02 (Note) Note: All forms required under this chapter may be obtained on the Department’s website at dva.wi.gov, or by request from the Department of Veterans Affairs, 2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843, or call 800-WIS-VETS (947-8387).
section 7.
VA 1.03 (1), (2), and (3) are amended to read: VA 1.03 (1) Appealable actions. Any An applicant for any benefit available through benefits from the department may appeal from a decision of the department concerning any such an application. Any applicant for benefits whose benefits have been suspended pursuant to s. 45.03 (16), Stats., may appeal such suspension. (2) Applications pending appeal for denial of suspension of benefits. During the pendency of an appeal of a suspension of benefits from the department, no decision shall be issued by the department concerning any of the appellant’s applications for benefits from the department which that were pending in the department at the time of the decision to suspend benefits, or which that are submitted by the applicant during the pendency of the appeal even if the decision is not related to the matter being appealed. If the final decision in the appeal affirms the suspension of benefits, the department may deny any of the appellant’s applications shall be denied by the department. If the final decision in the appeal reverses the suspension of benefits, the department shall then determine whether or not the applications should be approved.
(3) Time and manner for filing appeal. An appeal shall be in writing and shall be filed with the state of Wisconsin, Department of Veterans Affairs, 30 W. Mifflin St., Madison, WI 53703. An appeal must be received by the department within 60 calendar days after the date of the department department’s decision appealed. Any questions about time computations for procedural matters shall be resolved by reference to s. 801.15 (1), Stats. section 8.
VA 1.03 (3) (Note) is created to read: VA 1.03 (3) (Note) Note: The address to deliver an appeal is: Department of Veterans Affairs, 2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843.
section 9.
VA 1.03 (4) is renumbered VA 1.03 (4) (intro.) and amended to read: VA 1.03 (4) (intro.) Conduct of hearing. The hearing on the appeal shall be held before a hearing examiner designated by the secretary. department in accordance with all of the following:
(a) The hearing examiner shall have the powers enumerated under s. 227.46, Stats.
