EmR1316
Filed with LRB: September 25, 2013
Publication Date: September 29, 2013
Effective Dates: September 29, 2013 through February 25, 2014.
Extension Through: June 25, 2014
The Statement of scope for this emergency rule, SS 106-13, was approved by the Governor on August 14, 2013 published in Register No. 692 on August 31, 2013 and approved by the Secretary of Workforce Development on September 11, 2013.
This Emergency Rule was adopted by the Secretary of Workforce Development on September 19, 2013 and approved by the governor on September 20, 2013.
ORDER OF THE WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
EMERGENCY RULE
The Wisconsin department of workforce development hereby adopts the following emergency rule to repeal DWD 126.02 (2), (3) and (4), 126.03 (1), 126.04, 126.05, 127.01 (2) (b), (f) to (i), and (3), 127.02 (intro.), (1), (2), (3) and (4), 127.02 (5) and (10) and 127.08; to renumber and amend DWD 126.02 (1); to amend DWD 126.01, 126.03 (intro.) and (2), 127 (title), 127.01 (1), (2) (intro.), (a), (c) and (d), 127.02 (7), (9), and (11), 127.04 (title), (1) and (2), 127.05, 127.06 (1), (2) and (3), 127.07 (title) and (1), 128.01 (2) (a), and 129.01 (1) and (2); to repeal and recreate DWD 127.01 (2) (j) and 127.07 (2); and to create DWD 126.02 (note), 126.03 (3), (4), (5), (6) and (7), 127.01 (2) (em), 127.02 (12), 127.04 (1m) (e) and 127.06 (1) (c) relating to unemployment insurance work registration, work search and benefit claiming procedures.
Analysis Prepared by the Department of
Workforce Development
Statutes Interpreted
Statutes Interpreted: Ch. 108, Stats.
Statutory Authority
Statutory Authority: ss. 108.04, 108.08, 108.09, and 108.14, Stats.
Explanation of Statutory Authority
DWD has specific and general authority to establish rules interpreting and clarifying provisions of ch. 108, Stats., unemployment insurance and reserves. DWD has general authority for promulgating rules with respect to ch. 108, Stats., under s. 108.14 (2), Stats. 2013 Wisconsin Act 20 amended s. 108.04 (2) (a) 2., Stats., to provide that unemployment insurance claimants registration for work shall be done as directed by DWD. s. 108.04 (2) (b) provides DWD may prescribe rules that unemployment insurance claimants must follow to register work and search for work and may by general rule waive these requirements under certain stated conditions. Under s. 108.08 (1), Stats., in order to receive benefits, claimants shall give notice to DWD with respect to the claimants’ unemployment. The statute provides that the method used by claimants to provide notice of their unemployment shall be prescribed by rule of DWD. Under s. 108.09 (1), Stats., claims for benefits shall be filed pursuant to rules prescribed by DWD.
Related Statutes or Rules
Chapter 108, Stats., governs the state’s unemployment insurance system. Section 108.04 provides the primary eligibility requirements an unemployed person must satisfy in order to qualify for benefits. Section 108.04 (2), Stats., provides a claimant is eligible for benefits as to any given week only if the individual is able to work and available for work during that week, the individual has registered for work as directed by DWD, and the individual conducts a reasonable search for suitable work during that week. Moreover, it provides that a claimant must make available information or job application materials that are requested by DWD.
Plain Language Analysis
This emergency rule modifies existing rules by simplifying and clarifying the intent of the administrative code provisions surrounding registration and work search requirements for an unemployment insurance claimant. Also emergency rule modification enables DWD to be able to adapt work registration and work search requirements as advances in technology make changes possible and necessary. Moreover, emergency rule changes facilitate DWD’s ability to audit the work search efforts of unemployment insurance claimants as required by the newly enacted statutory provision s. 108.14 (20), Stats., that was created by 2013 Wisconsin Act 36. In addition, the existing administrative rules provide for waivers from the work search requirement. The emergency rule amendments decrease and narrow the remaining waivers.
This emergency rule changes will streamline the ability of DWD to ensure that individuals receiving unemployment insurance benefits are actively seeking work to become reemployed. This emergency rule modification will also strengthen DWD’s objective that those receiving unemployment insurance are engaging in activities that constitute a reasonable effort to obtain employment.
The emergency rule amendments clarify that DWD has the authority to request information from claimants to assist them in finding employment. More specifically, the amendments to ch. DWD 129 grant DWD the flexibility to implement improvements with respect to the claims filing procedures. DWD also plans to adopt a permanent rule to revise chs. DWD 126, 127 and 129.
Summary of, and comparison with, existing or proposed federal statutes and regulations
Unemployment insurance was initiated on a national basis in the United States as Title III and Title IX of the Social Security Act of 1935 and is a Federal-State coordinated program. Each state administers its own program within national guidelines promulgated under federal law. As a condition of a state receiving its unemployment compensation administrative grant, 42 USC 503 (a) provides that the Secretary of Labor must find that the law of the state includes certain requirements. Specifically, 42 USC 503 (a) (12) provides that state laws must have as a condition of eligibility for unemployment insurance that claimants must be able to work, available to work, and actively seeking work. Moreover, 42 USC 503 (a) (10) provides that state laws must require that if claimants have been referred for reemployment services or similar services, to remain eligible for unemployment insurance benefits claimants must complete such services or there must be justifiable cause for the claimants failing to participate in such services.
Comparison with rules in adjacent states
As the Department of Labor’s Comparison of State UI Laws states: “[i]n addition to registration for work at a local employment office, all states… , whether by law or practice, require that a worker be actively seeking work or making a reasonable effort to obtain work.” The amendments to the rules bring Wisconsin’s rules more in line with neighboring states’ initiatives to facilitate unemployment insurance claimants’ ability to find employment.
Benefit Claiming Procedure
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Illinois |
Each claimant shall file his or her claim by telephone. The only exception is if the claimant files his or her claim by mail. To file a claim by mail the claimant must: speak neither English nor Spanish; be hearing impaired; or have no reasonable access to a touch-tone telephone. (56 Il. Adm. Code 2720.112)
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Indiana |
A claimant must report on their job search on a weekly basis via submission of the online claim form, or in any other manner as required by the department. (646 IN 5-9-4 Administrative Code) A claimant is not eligible for benefits in any week unless he or she has filed a claim for benefits and reports to the department each week that he or she continues to meet all eligibility requirements. A claimant's claim for benefits, and weekly report to the department, must be filed in the form and manner prescribed by the department. (646 IN 5-9-2 Administrative Code)
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Iowa |
An individual may file an initial claim for unemployment benefits by telephone, in person or other means prescribed by the department or may call the service center during regular business hours. Claims filed in accordance with this rule shall be deemed filed as of Sunday of the week in which the claim is filed, but must register for work at a workforce development center (IA 871-24.2 (96)) Administrative Code |
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Michigan |
Claims for benefits shall be made pursuant to regulations prescribed by the unemployment agency. The unemployment agency shall designate representatives who shall promptly examine claims and make a determination on the facts. (M.C.L.A. 421.32)
An individual shall file a new, additional, or reopened claim or shall report to file a continued claim as directed by the agency. (Mich. Admin. Code R. 421.210 (3)) |
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Minnesota |
An application for unemployment benefits may be filed in person, by mail, or by electronic transmission as the unemployment insurance agency may require. (M.S.A.
s. 268.07 Statutes Annotated) The unemployment insurance agency shall notify the claimant of
the method that should be used to make ongoing claims for benefits. The
first method is through electronic transmission which means the claims may be
filed by electronic mail address, telephone number, or Internet address
prescribed by the commissioner for that claimant. The other method that the
unemployment insurance agency may designate for the claimant is for the claim
to be filed by mail. (M.S.A. s. 268.0865 Statutes Annotated) |
Work Search Requirements
Registration for Work Requirements
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Illinois |
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Indiana |
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Iowa |
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Michigan |
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Minnesota |
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Summary of factual data and analytical methodologies
This emergency rule does not depend on any complex analysis of data. Instead, the changes to the rules represent common sense amendments that will assist unemployment insurance claimants to provide additional information to DWD in order that DWD may better assist them in returning to work.
Analysis and supporting document used to determine effect on small business or in preparation of an economic impact analysis
This emergency rule will have a positive impact on employers and unemployment insurance claimants.
Effect on small business
This emergency rule does not have any small business requirements but is expected to benefit all employers, including small business. First, the emergency rule is projected to result in more unemployment insurance claimants finding employment faster. As a result, unemployed individuals will be collecting unemployment insurance benefits for a shorter duration and there will be fewer charges to employers’ unemployment insurance accounts. This will result in employers having to pay lower amounts of unemployment tax. Second, more unemployed individuals will be required to seek employment and those unemployed individuals who already were required to seek employment will likely be assisted better by DWD in applying for appropriate jobs. As a result, there are likely to be more and better job applications for employers to review as more employers seek to hire individuals.
Agency contact person
Questions and comments related to this rule may be directed to:
Janell Knutson
Department of Workforce Development
Division of Unemployment Insurance
P.O. Box 8942
Madison, WI 53708-8942
Telephone: (608) 266-1639
E-Mail: janell.knutson@dwd.wi.gov
Place where comments are to be submitted and deadline for submission
Janell Knutson
Department of Workforce Development
Division of Unemployment Insurance
P.O. Box 8942
Madison, WI 53708-8942
Telephone: (608) 266-1639
E-Mail: janell.knutson@dwd.wi.gov
Hearing dates have not yet been scheduled, but will be held in conjunction with the permanent rule hearing. Hearing comments will be accepted until the last scheduled hearing is conducted.
Finding of Emergency
The department of workforce development finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public welfare. Statements of the facts constituting the emergency are:
(1) In order to fulfill the new statutory directives to require claimants for unemployment insurance benefits to increase their number of weekly work search actions from two to at least four;
(2) In order to simplify the process and compliance with respect to requirements for unemployment insurance claimants to register for work;
(3) In order to execute the new statutory requirement to request additional information from claimants;
(4) In order to improve the unemployment insurance trust fund balance and thereby relieve employers of the burden of additional taxation;
(5) In order to better assist unemployment insurance benefit claimants to obtain gainful employment; and,
(6) In order to promote the improvement in the Wisconsin economy as a result of the immediate implementation of legislative directives with respect to the unemployment insurance program contained in 2013 Wisconsin Act 20 and 2013 Wisconsin Act 36.
Adoption of the emergency rule will ensure that these legislative directives are implemented within the time-frame envisioned with enactment of 2013 Wisconsin Act 20 and 2013 Wisconsin Act 36.
Emergency rule
Section 1. DWD 126.01 is amended to read:
DWD
126.01 Purpose. Under s.
108.04 (2), Stats., Eligibility. Except
as waived by the department under this chapter, a claimant who is totally
unemployed is eligible for unemployment benefits for any given week only
if the claimant has registered for work, unless the registration requirement
has been waived by the department. This chapter specifies what registration is,
when the requirement shall be waived, and when it shall be presumed that the
claimant is participating in reemployment services.
Section 2. DWD 126.02 (1) is renumbered DWD 126.02 and amended to read:
DWD
126.02 Except as provided in sub. (4), a A claimant shall be
considered registered for work with respect to given any week if he
or she files the claimant has filed an application to establish a
benefit year pursuant to s. DWD 129.02, and has completed and submitted, by
computer-based programs or other methods approved by the department, all
information for registration for work as prescribed by the department and
within a time-frame specified by the department.
Section 3. DWD 126.02 (note) is created to read:
DWD 126.02 Note: The department will consider alternate forms of submittal of completed information by a claimant on an individual basis when there is good cause for the claimant to not use a computer-based program. Good cause includes the claimant possesses physical, mental, educational, or linguistic limitations or the claimant has unusual or unavoidable circumstances beyond the claimant’s control.
Section 4. DWD 126.02 (2), (3) and (4) are repealed.
Section 5. DWD 126.03 (intro.) is amended to read:
DWD 126.03 Waiver of work registration
requirement. The department shall waive a
claimant’s work registration requirement for any given week if any of
the following apply:
Section 6. DWD 126.03 (1) is repealed.
Section 7. DWD 126.03 (2) is amended to read:
DWD 126.03
(2) The claimant:
(a) Has
been determined, pursuant to a profiling system established by the department,
to be likely to exhaust regular unemployment compensation benefits and to need
reemployment services in order to make a successful transition to new
employment;
(b)
Has been referred during the current benefit year for reemployment services;
and
(c) Has
satisfactorily completed such services. is currently laid off from
employment with an employer but the employer has verified with the department
there is a reasonable expectation that the claimant will be returning to
employment within a period of 8 weeks, which may be extended an additional 4
weeks but may not exceed a total of 12 weeks, if verified by the employer.
Section 8. DWD 126.03 (3), (4), (5), (6), and (7) are created to read:
DWD 126.03 (3) The claimant has a reasonable expectation of starting employment with a new employer within 4 weeks and the employer has verified the anticipated starting date with the department. The waiver shall not exceed 4 weeks.
(4)
The
claimant has been laid off from work and routinely obtains work through a union
referral and all of the following apply:
(a) The union is the primary method used by workers to obtain employment in the claimant’s customary occupation.
(b) The union maintains a record of unemployed members, and the referral activities of these members, and allows the department to inspect such records.
(c) The union provides, upon the request of the department, any information regarding a claimant’s registration with the union or any referrals for employment it has made to the claimant.
(d) Prospective employers of the claimant seldom place orders with the public employment office for jobs requiring occupational skills similar to those of the claimant.
(e) The claimant is registered for work with a union and satisfies the requirements of the union relating to job referral procedures, and maintains membership in good standing with the union.
(f) The union enters into an agreement with the department regarding the requirements of this subsection.
(5) The claimant is summoned to serve as a prospective or impaneled juror.
(6) The claimant is enrolled in and satisfactorily participating in a course of approved training under s. 108.04 (16), Stats., in a work share program under s. 108.062 (10m), Stats., in a self-employment assistance program or other federally authorized program enacted by the Wisconsin legislature.
(7) The claimant is unable to complete registration due to circumstances which the department determines are beyond the claimant’s control.
Section 9. DWD 126.04 and 126.05 are repealed.
Section 10. DWD 127 (title) is
amended to read:
DWD 127 WORK SEARCH AND REEMPLOYMENT SERVICES
Section 11. DWD 127.01 (1), (2) (intro.) and (a) are amended to read:
DWD
127.01
Work search; policy; requirements. (1) Under s. 108.04 (2), Stats.,
a A claimant shall be eligible for unemployment benefits for any given
week only when the department finds, among other things, that the
claimant has within that week made a reasonable completed at least 4
actions to search for suitable work within that week. The search
for suitable work shall include at least 2 actions by the claimant each week
that are reasonably designed to secure work. Mere registration Upon
request of the department, a claimant may be required to provide verification
of conducting at least 4 work search actions that are reasonably designed to
secure work. Registration for work under ch. DWD 126 does not establish
that the claimant is making a reasonable search for suitable work. It is
essential that the claimant personally and diligently search for suitable
work on his or her own behalf. The reasonableness of a search for work
will, in part, depend on the employment opportunities in the claimant’s labor
market area. A work search which may be appropriate in a labor market area
with limited opportunities may be totally unacceptable in an area with greater
opportunities. Unreasonable limitations by a claimant as to salary, hours or
conditions of work indicate that a claimant is not making a reasonable search
for suitable work. The department expects each claimant to conduct himself
or herself themselves as would a prudent person who is out of work
and seeking work.
(2)
The department shall consider All of the following actions to
by a claimant shall constitute a reasonable work search for
suitable work under the facts and circumstances of each claimant’s situation
action:
(a) Making applications
Applying for work with employers who may reasonably be expected to have
openings for suitable work;, except that applications submitted to
the same employer more than once in a 4-week period are not credited as a work
search action unless a new job is posted or available, or the employer’s
customary practices or circumstances encourage the submission of additional
applications.
Section 12. DWD 127.01 (2) (b) is repealed.
Section 13 . DWD 127.01 (2) (c) and (d) are amended to read:
DWD 127.01 (2) (c) Making
applications or taking.
(cm) Taking examinations
for suitable work in the civil service of a governmental unit;.
(d) Registering for
suitable work with a public or private placement facility, including a union
referral or hiring hall and complying with the various union registration
requirements and job referral procedures;.
Section 14. DWD 127.01 (2) (em) is created to read:
DWD 127.01 (2) (em) Following the recommendations of a public employment office or similar reemployment services, including participation in reemployment services.
Section 15. DWD 127.01 (2) (f) to (i) are repealed.
Section 16. DWD 127.01 (2) (j) is repealed and recreated to read:
DWD 127.01 (2) (j) Other actions the department may determine as constituting reasonable job search action.
Section 17. DWD 127.01 (3) is amended to read:
DWD 127.01 (3) A
Except if the work search requirement has been waived by the department, a
claimant shall be ineligible for unemployment benefits in any given
week in which the department determines that the claimant’s search
for suitable work was not reasonable under the requirements of this section
unless the search has been waived by the department claimant did not
conduct at least 4 actions to search for suitable work within that week.
Section 18. DWD 127.02 (intro), (1), (2), (3) and (4) are amended to read:
DWD 127.02
Waiver of work search requirements. The department shall waive a
claimant’s search for suitable work requirement under s. DWD 127.01
for any week under to conduct at least 4 actions to search for suitable
work if any of the following circumstances apply:
(1) The claimant
performs any at least 20 hours of work for his or her customary
any employer in that week.
(2)
The claimant is currently laid off from employment with an employer but the
employer has verified with the department there is a reasonable expectation
of reemployment of that the claimant by that will be
returning to employment within a period of 8 weeks, which may be extended an
additional 4 weeks but may not exceed a total of 12 weeks, if verified by the employer.
In determining whether the claimant has a reasonable expectation of
reemployment by the employer, the department shall request the employer to
verify the claimant’s employment status and shall also consider other factors,
including the following:
(a)
The history of layoffs and reemployments by the employer.
(b)
Any information that the employer furnished to the individual or the department
concerning the claimant’s anticipated reemployment date.
(c)
Whether the claimant has recall rights with the employer under the terms of any
applicable collective bargaining agreement.
(3) The
claimant has a reasonable expectation of starting work employment
with a new employer within 4 weeks of the week in which waiver is being
considered. In determining whether a claimant has a reasonable expectation of
starting work with a new employer, the department shall consider factors
including, but not limited to, the following:
(a)
The hiring practices of employers in the claimant’s labor market area for
workers who perform work which is similar to the work which the claimant is
expected to perform for the new employer;
(b)
Any information which the new employer furnished to the claimant or the
department about the time within which the work is expected to commence; and
(c)
Whether the work is suitable work for the claimant. and
the employer has verified the anticipated starting date with the department.
The waiver shall not exceed 4 weeks.
(4) The
claimant has been laid off from work and routinely obtains work through a union
referral or hiring hall process. Waiver under this subsection may be
permitted only if and all of the following apply:
(a) The union referral or hiring hall process is the
primary method used by which workers to obtain work
employment in the claimant’s customary occupation;.
(b) The union maintains a record of unemployed members,
and the referral activities of these members, and allows the department
to inspect such records;.
(c) The union provides, upon the request of a the department
deputy, any information regarding a claimant’s registration or a job
opening or referral; with the union or any referrals for employment it
has made to the claimant.
(d) Prospective employers of the claimant seldom place orders
with the public employment office for jobs requiring occupational skills
similar to those of the claimant;.
(e) The claimant is registered for work with his or her a
union and satisfies the requirements of the union relating to job referral
procedures, and maintenance of maintains membership in
good standing; and with the union.
(f) The union enters into a written an agreement
with the public employment office department regarding the
requirements of this subsection.
Section 19. DWD 127.02 (5) is repealed.
Section 20. DWD 127.02 (7) and (9) are amended to read:
DWD 127.02 (7) The claimant is enrolled in and satisfactorily participating in a course of approved training under s. 108.04 (16), Stats., in a work share program under s. 108.062 (10m), Stats., or in a self-employment assistance program or other federally authorized program that has been enacted by the Wisconsin legislature.
(9)
The claimant was not aware of the work search requirement and the
claimant’s most recent employer failed to post and maintain the notice on
claiming unemployment benefits that was supplied to the employer appropriate
notice-posters as to claiming unemployment benefits as required under s. DWD
120.01 and the claimant was not aware of the work search requirement.
Section 21. DWD 127.02 (10) is repealed.
Section 22. DWD 127.02 (11) is amended to read:
DWD 127.02 (11) The claimant has been determined, pursuant to a
profiling system established by the department, to be likely to exhaust regular
unemployment insurance benefits and to need referred for reemployment
services in order to make a successful transition to new employment, and
(a)
The claimant has been referred for and is participating in reemployment
services by complying with department directions regarding such services;
(b)
The claimant has been referred for reemployment services and is enrolled and
satisfactorily participating in educational and training programs which were
recommended based on a reemployment services assessment; or
(d)
The claimant has been referred for reemployment services and ,
is participating in such services, or is not participating
in such services, but has justifiable cause for his or her failure to
participate. Justifiable cause includes, but is not limited to, that
the claimant is unable to participate due to any of the following:
1.(a)
The claimant is summoned to serve as a prospective or paneled impaneled
juror;.
2.(b)
The claimant is enrolled and satisfactorily participating in a course of
training approved by the department;, in a work share program, in a
self-employment assistance program or other federally authorized program that
has been enacted by the Wisconsin legislature.
3.(c)
The claimant is unable to participate because the claimant is employed;.
4.(d) The
claimant is unable to participate because of a attending a job
interview; or.
5.(e) The
claimant is unable to participate due to circumstances Circumstances
which the department determines are beyond the claimant’s control.
Section 23. DWD 127.02 (12) is created to read:
DWD 127.02 (12) If Wisconsin enacts a self-employment assistance program or other federally authorized program pursuant to the federal statutes that provides for waiver of work search requirements and the claimant is participating in the program.
Section 24. DWD 127.04 (title) and (1) are amended to read:
DWD 127.04 Claimants
to present evidence verification of work search efforts actions.
(1) The department may require
Upon request, a claimant may be required to provide evidence
of his or her verification of conducting at least 4 work search efforts
actions to the department for any time period up to and including the
8-week period prior to the date that the department makes the request by
computer-based programs or other methods approved by the department. The
department may also notify the
(1m) A claimant
that evidence will be required for a future week. The department may verify the
evidence submitted. Evidence which a claimant customarily would be expected to
submit includes shall retain verification of all work search efforts for
52 weeks following the week in which the work search actions occurred and shall
include all of the following:
(a)
In the case of employer contacts: Applications for work including
the date on which the claimant made an employer contact; if available, the
name and address of the employer and the name of the employer representative
contacted; the type of work applied for; the method used to contact the
employer and the results of the contact; or other verifiable information
of the application.
(b) In the case of
civil Civil service examinations: the date on which the claimant
took an examination, the location of the examination and the type of
work applied for; position for which the examination was taken.
(c) In the case of
registration with a union referral or hiring hall, professional organization
or educational placement facility or private employment agency and
placement facilities: the date on which the claimant registered and the type
of work for which the claimant is registered; and name and address of
the facility.
(d) Evidence
of any other action which the claimant took during a given week to seek work
including, but not limited to, any responses to advertisements for suitable
work and submission of personal resumes to prospective employers. Visits
to a public employment office or similar reemployment services: the date of
the visit, the name and address of the public employment office, training
program or similar reemployment office and the name of the person with whom the
claimant met.
Section 25. DWD 127.04 (1m) (e) is created to read:
DWD 127.04 (1m) (e) If approved by the department, any other type of work search activity reasonably expected to result in the claimant becoming employed.
Section 26. DWD 127.04 (2) is amended to read:
DWD
127.04 (2) The department may disqualify a A claimant may be
ineligible for unemployment benefits in any given week
for in which the claimant fails to provide satisfactory
evidence of work search efforts is insufficient to establish that the
claimant made a reasonable search for suitable work actions when requested
by the department.
Section 27. DWD 127.05 is amended to read:
DWD 127.05
Certification as to work search. The department may require any a
claimant to certify that a work search was actions were
made each week as part of the claim filing procedure under ch. DWD 129.
Section 28. DWD 127.06 (1) is amended to read:
DWD
127.06 Added efforts to secure work. (1) The department may require any claimant whose If
a claimant has been unemployed for 4 or more consecutive weeks, a claimant may
be required to perform any of the following:
(a)
Conduct 5 work search actions within any given week when the department
determines a claimant’s employment history or conduct
indicates that he or she may not be genuinely interested a lack of
genuine interest in accepting new work to make a minimum number of
weekly in−person applications for work with employers and may also
require the claimant to comply.
(b)
Comply with any of the provisions under s. DWD 127.01 (2). The
department shall provide each claimant with instructions as to how to comply
with the requirements under this section. A claimant shall be ineligible for
benefits for any week in which the claimant has failed, without good cause, to
comply with any requirements imposed by the department under this subsection.
Section 29. DWD 127.06 (1) (c) is created to read:
DWD 127.06 (1) (c) Develop a work search plan for approval by the department. The plan may include a requirement to complete 5 work search actions per week. The plan shall consider the number of job opportunities available in the labor market area where the claimant usually works.
Section 30. DWD 127.06 (2) and (3) are amended to read:
DWD
127.06 (2) After a claimant has been unemployed for
4 or more consecutive weeks, the department may require the claimant to develop
a work search plan for approval by the department.
A claimant shall be ineligible for benefits in any given week in which
the department determines that the claimant failed, without good justifiable
cause, either to develop or to comply with the work search
plan the requirements under sub. (1).
(3)
A
claimant who is claiming extended benefits under s. 108.141, Stats., shall,
in addition to complying with the requirements for extended benefits,
comply with any requirements imposed by the department under subs. sub.
(1) and (2). A claimant who fails to comply with the requirements under
this subsection shall be ineligible for benefits until the claimant has
again worked within at least 4 subsequent weeks and earned wages equal to
at least 4 6 times his or her the claimant’s extended
weekly benefit rate.
Section 31. DWD 127.07 (title) and (1) are amended to read:
DWD 127.07 Employment workshops Reemployment services.
(1) The department may require a claimant to participate in a public
employment office workshop, training program or similar reemployment
services which offers instruction in improving the claimant’s skills for
finding and obtaining employment. The claimant shall be ineligible for benefits
for any given week for which the department determines that the claimant
failed, without good cause, to participate in such a workshop, training
program or similar reemployment services.
Section 32. DWD 127.07 (2) is repealed and recreated to read:
DWD 127.07 (2) The department may find that a claimant has justifiable cause for failure to participate in reemployment services in any given week. Justifiable cause for failure to participate in reemployment services includes that the claimant is unable to participate due to any of the following:
(a) The claimant is summoned to serve as a prospective or impaneled juror.
(b) The claimant is enrolled and satisfactorily participating in a course of training approved by the department, in a work share program, in a self-employment assistance program or other federally authorized program that has been enacted by the Wisconsin legislature.
(c) The claimant is employed.
(d) The claimant is attending a job interview.
(e) Circumstances which the department determines are beyond the claimant’s control.
Section 33. DWD 127.08 is repealed.
Section 34. DWD 128.01 (2) (a) is amended to read:
DWD
128.01 (2) (a) The claimant has registered for work and has complied
with ss. s. DWD 126.02 and 126.04, or registration is
waived under s. DWD 126.03 or excused under s. DWD 126.05.
Section 35. DWD 129.01 (1) and (2) are amended to read:
DWD
129.01 (1) Initiating
a claim. A claimant is not eligible under s. 108.08, Stats., for
benefits for any week of total or partial unemployment unless the claimant
notifies the department by telephone, internet, or as otherwise prescribed
by the department, during that week or within 7 days after the close of
that week, of the claimant’s intent to initiate the claim and the claimant
complies with the department’s procedures for initiating and continuing claims.
If the department provides for a single method for initiating a claim and a
claimant has good cause for the claimant’s inability to use that method, the
department shall provide reasonable accommodations for the claimant to be able
to complete the claim. Good cause for failure to initiate a claim as prescribed
by the department shall include, if it prevents the claimant from using the
method prescribed by the department, any of the following:
(a) The claimant possesses physical, mental, educational, or linguistic limitations.
(b) The claimant has unusual or unavoidable circumstances beyond the claimant’s control.
(2) Continuing a claim by filing a weekly
certification. (a) A claimant is not eligible for benefits for any
week of total or partial unemployment unless the claimant files a timely weekly
certification with the department by telephone, internet, mail, or as
otherwise prescribed by the department. If the department provides for
a single method for a claimant to continue a claim by filing a weekly
certification and a claimant has good cause for inability’s to use that method,
the department shall provide a reasonable accommodation for the claimant to be
able to complete the claim. Good cause for failure to file a weekly
certification as prescribed by the department shall include, if it prevents the
claimant from using the method prescribed by the department, any of the
following:
1. The claimant possesses physical, mental, educational, or linguistic limitations.
2. The claimant has unusual or unavoidable circumstances beyond the claimant’s control.
(b) The
department shall consider a weekly certification to be filed when the
certification is complete and submitted in compliance with the applicable requirements
of one of for the following methods authorized by the
department:
1. A claimant may continue
a claim only by filing timely weekly certifications by telephone, internet,
mail, or as otherwise prescribed by the department, no later than 14 days
following the end of the week for which benefits are claimed. A weekly
certification submitted by mail must be received by the department within 14 days
following the end of the week for which benefits are claimed or within 14 days
following the date the department mailed the weekly certification to the
claimant, whichever occurs later. If a claimant submits a timely but
incomplete weekly certification by mail, the department shall send the claimant
a duplicate weekly certification that must be received by the department within
14 days following the date the department mailed the duplicate weekly
certification to the claimant. If the last day for filing a mailed weekly
certification falls on Saturday, Sunday, or any of the holidays enumerated
under ss. 230.35 (4) (a) and 995.20, Stats., or any other day on which mail is
not delivered by the United States postal service, a weekly certification must
be received by the department on the next business day. If the claimant
attempts to submit a weekly certification by telephone or the internet method
prescribed by the department for notification for the claimant to use is the
internet or telephone, the department shall notify the claimant for which
weeks the claimant may file a weekly certification and at the end of the
transaction whether the weekly certification has been accepted. The department
shall consider a weekly certification to be filed when the certification is
complete, timely submitted, and accepted by the department.
2. A claimant may not file
a weekly certification for any week unless a timely weekly certification
for the immediately preceding week was filed or a timely initial claim was filed
for the week.
Section 36. Effective date. With respect to changes to ss. 126.03 and 127.02, the rule will take effect after the Secretary determines the department has the technological ability to implement the changes. The remainder of this rule takes effect upon publication in the official state newspaper, as provided in s. 227.24 (1) (c), Stats., and remains in effect for 150 days. The department may seek to extend this emergency rule as provided in s. 227.24, Stats.
Dated this _________ day of _______________, 2013.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
____________________________________
Reginald J. Newson, Secretary
Wisconsin Department of Workforce Development
Initial Regulatory Flexibility Analysis
Rule Subject: Unemployment Insurance Work Registration, Work Search and Benefit Claiming Procedures
Adm. Code Reference: DWD 126, 127 and 129
Rules Clearinghouse #: Not Applicable
Rule Summary
The amendments to the rules give the Department of Workforce Development (DWD) the flexibility to implement the claims filing procedures envisioned under unemployment insurance modernization. Also, the amendments simplify and clarify the intent of the administrative code provisions surrounding registration and work search requirements for unemployment insurance claimants. Moreover, the amendments enable DWD to be able to modify work registration and work search requirements as advances in technology make changes possible and necessary. The underlying purpose behind these amendments is that unemployment insurance claimants shall have as their full-time job acquiring employment. Among other things, the amendments to the rules will do all of the following:
Registration for Work Requirement
· Ensure the rules correspond with recently enacted legislation that provides that, except if waived from the registration requirement, all unemployment insurance claimants must register for work with DWD;
· Require unemployment insurance claimants to provide information to DWD to facilitate their reemployment efforts;
· Provide DWD with flexibility to prescribe the standards for the content of the information required of claimants to complete their registration for work;
· Remove the presumption that claimants who have registered for work with DWD are also participating in reemployment services; and,
· Update and clarify when DWD will waive the requirement that a claimant register for work.
Work Search Requirement
· Alter the rules to be consistent with recently enacted legislation that provides that, except if waived from the work search requirement, unemployment insurance claimants must conduct at least four weekly work search actions;
· Grant explicit authority to DWD that it may require claimants to provide it with proof that they have conducted at least four actions that are reasonably designed to secure work;
· Update what actions by claimants will be considered to constitute a reasonable search for suitable work;
· Decrease the circumstances in which DWD will waive the requirement that claimants to receive unemployment insurance benefits must perform work search actions;
· Narrow and fine-tune the remaining circumstances under which DWD will waive the claimants’ work search requirement;
· Provide, as required by recently enacted legislation, uniform criteria for when DWD will require claimants to conduct more than four work search actions in a given week;
Benefit Claiming Procedures
· Grant DWD the authority to prescribe the method or methods by which unemployment insurance claimants initiate a claim for benefits; and,
· Authorize DWD to prescribe the method or methods by which unemployment insurance claimants file a weekly certification in order to notify DWD that they are continuing to file a claim.
Small Business Affected
This rule will have a generally positive impact on small businesses. First, the rule is projected to result in more unemployment insurance claimants finding employment faster. As a result, unemployed individuals will be collecting unemployment insurance benefits for a shorter duration and there will be fewer charges to employers’ unemployment insurance accounts. This will result in employers having to pay lower amounts of unemployment tax. Second, more unemployed individuals will be required to seek employment and those unemployed individuals who already were required to seek employment will likely be assisted better by DWD in applying for appropriate jobs. As a result, there are likely to be more and better job applications for employers to review as more employers seek to hire individuals.
Reporting, Bookkeeping and other Procedures
The amendments to the rules do not regulate any small businesses and thus there are no reporting, bookkeeping, or other procedures in the amendments for small businesses.
Professional Skills Required
The amendments to the rules do not regulate any small businesses and thus there are no professional skills required for small businesses.
Accommodation for Small Business
Many of the businesses indirectly affected by these rule amendments are “small businesses.” The rule amendments do not make special exceptions for small businesses because the changes to the unemployment insurance program will positively impact businesses of all sizes.
This rule changes includes provisions that will benefit large and small businesses alike. For example, this rule amendment:
· Strengthens the reporting requirements that unemployment insurance claimants will be required to provide DWD and thereby will enable DWD to better assist unemployment insurance claimants to find employment and have a shorter duration of time in which they are receiving unemployment insurance benefits. This will help businesses of all sizes by having fewer charges to their unemployment insurance account and result in lower unemployment insurance taxes on all businesses.
· Narrows the number of circumstances in which unemployment insurance claimants will receive a waiver from work search requirements and thereby will enable businesses with job openings to have a larger set of candidates who apply for the job. As a result, businesses are likely to have better potential candidates to fill job openings.
Conclusion
The rule amendments will generally benefit affected businesses, including small businesses. Negative effects, if any, will be few and limited. This rule amendment will not have a significant adverse effect on small businesses and is not subject to the delayed “small business” effective date provided in s. 227.22 (2) (e), Stats.
Dated this ________ day of ______________, 2013.
STATE OF WISCONSIN
DEPARTMENT OF WORKFORCE
DEVELOPMENT
By __________________________________
Robert Rodriguez, Administrator
Division of Unemployment Insurance
