Chapter DWD 68

DWD 68.05 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.05, Register, April, 1982, No. 316, eff. 5-1-82; CR 22-008: am. (intro.), (1), (2), r. (3), am. (4) to (7) Register June 2022 No. 798, eff. 7-1-22.

DWD 68.06 DWD 68.06 Notation of release of information. Each time information about a consumer is released pursuant to the consumer’s informed consent under s. DWD 68.05, a notation must be made in the consumer’s record that includes all of the following:

DWD 68.06(1) (1) The name of the person or organization to whom the information was released.

DWD 68.06(2) (2) The identification of the information released.

DWD 68.06(4) (4) The date of the release.

DWD 68.06 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.06, Register, April, 1982, No. 316, eff. 5-1-82; CR 22-008: am. (intro.), (1), (2), r. (3) Register June 2022 No. 798, eff. 7-1-22.

DWD 68.08 DWD 68.08 Notification of rights and responsibilities.

DWD 68.08(1) (1) The division shall ensure that a person, including an employee, who has access to information about consumers, including consumer case records, is aware of the person’s responsibilities to maintain the confidentiality of the information and the criminal liabilities for violation of this chapter.

DWD 68.08(2) (2) The division shall provide without cost a copy of this chapter and any policies created to interpret this chapter to each employee and, upon request, to a consumer or any other person.

DWD 68.08(3) (3) The division shall notify each consumer that information that the consumer gives to the division shall be kept confidential and that a consumer has certain rights of access to the consumer’s case record.

DWD 68.08 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.08, Register, April, 1982, No. 316, eff. 5-1-82; CR 22-008: renum. DWD 68.08 to (1) to (3) and am. Register June 2022 No. 798, eff. 7-1-22.

DWD 68.09 DWD 68.09 Non-consumer requests. A request for information from a case record, by an individual or organization that is neither a consumer nor included in s. DWD 68.02 (5), must be in writing and must specify the particular information wanted.

DWD 68.09 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.09, Register, April, 1982, No. 316, eff. 5-1-82; CR 22-008: am. Register June 2022 No. 798, eff. 7-1-22.

DWD 68.11 DWD 68.11 Notice not to re-release. Information released from a case record to an agency, organization, or individual that is not the consumer must be accompanied by a written notice that it shall not release the information to any other individual, agency, or organization without the informed written consent of the consumer.

DWD 68.11 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.11, Register, April, 1982, No. 316, eff. 5-1-82; CR 22-008: am. Register June 2022 No. 798, eff. 7-1-22.

DWD 68.12 DWD 68.12 Release of records for an audit, evaluation, or research. Information from a case record may be released without the consent of the consumer to an organization or individual engaged in an audit, evaluation, or research only for purposes connected with the administration of the vocational rehabilitation program if all of the following are satisfied:

DWD 68.12(1) (1) The information will be used only for the purpose for which it was provided.

DWD 68.12(2) (2) The information will be released only to persons officially connected with the audit, evaluation, or research.

DWD 68.12(2g) (2g) The information will not be released to the consumer.

DWD 68.12(2r) (2r) The information will be managed in a manner to safeguard confidentiality.

DWD 68.12(3) (3) The final product of the research will not reveal any consumer identifying information without the informed written consent of the consumer.

DWD 68.12 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.12, Register, April, 1982, No. 316, eff. 5-1-82; CR 22-008: am. (intro.), (1), (2), cr. (2g), (2r), am. (3) Register June 2022 No. 798, eff. 7-1-22.

DWD 68.13 DWD 68.13 Release of records to employers. Relevant information from a consumer’s case record may be released to a potential employer without consent of the consumer in order to ascertain the possibilities of a job placement for the consumer if no consumer identifying information is disclosed. Consumer identifying information may be released to a potential employer only with the informed written consent of the consumer.

DWD 68.13 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.13, Register, April, 1982, No. 316, eff. 5-1-82; CR 22-008: am. Register June 2022 No. 798, eff. 7-1-22.

DWD 68.14 DWD 68.14 Release of records to consumers.

DWD 68.14(1e) (1e) A case record is the property of the department of workforce development and may be released to clients as provided in this section.

DWD 68.14(1m) (1m) Except as provided in sub. (2), upon request of a consumer, information in the consumer’s case record shall be released to the consumer, or, upon the request of the consumer, to the consumer’s designated representative.

DWD 68.14(1s) (1s) The consumer or the designated representative shall present valid identification or be identified by a vocational rehabilitation employee before information is released.

DWD 68.14(2) (2) 

DWD 68.14(2)(a) (a) Medical, psychological, or other information that the division determines may be harmful to a consumer may not be released directly to the consumer, but must be provided to the consumer through a third party chosen by the consumer, including an advocate, family member, or qualified medical or mental health professional, except that if a representative has been appointed by a court to represent the consumer, the information must be released to the court-appointed representative.

DWD 68.14(2)(b) (b) If the division makes a determination under par. (a) about a consumer, the division shall provide the consumer with written notice of the determination.

DWD 68.14(3) (3) A consumer may appeal a determination under sub. (2) (a) by submitting a request for a hearing to the department within 180 days after the date of the written notice under sub. (2) (b). Appeals shall be heard by impartial hearing officers under the procedures established by the department in ch. DWD 75.

DWD 68.14 Note Note: To obtain a hearing request form, or for questions relating to filing a hearing request, contact the Hearing Coordinator, Division of Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707, telephone [phone] or access the form online at http://dwd.wisconsin.gov/dvr/.

DWD 68.14 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.14, Register, April, 1982, No. 316, eff. 5-1-82; correction in (2) made under s. 13.93 (2m) (b) 5., Stats., Register, May, 1994, No. 461; CR 22-008: am. (title), renum. (intro.), (1) to (1m), (1s) and am., renum. (1e) from DWD 68.16 and am., r. and recr. (2), (3) Register June 2022 No. 798, eff. 7-1-22.

DWD 68.15 DWD 68.15 Record amendments and additions. A consumer who believes that information in the consumer’s case record is inaccurate or misleading may request that the division amend the information. A letter, memorandum, or document submitted by a consumer for the purpose of correcting alleged inaccurate or misleading information in the consumer’s case record shall be included in that record. The division shall document in the case record the consumer’s request under this section and the division’s response to the request.

DWD 68.15 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.15, Register, April, 1982, No. 316, eff. 5-1-82; CR 22-008: am. Register June 2022 No. 798, eff. 7-1-22.

DWD 68.17 DWD 68.17 Penalties. A person who violates this chapter shall, pursuant to s. 47.02 (7), Stats., be fined not exceeding $500 or imprisoned not exceeding 6 months or both.

DWD 68.17 History History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.17, Register, April, 1982, No. 316, eff. 5-1-82; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1994, No. 461; CR 22-008: am. Register June 2022 No. 798, eff. 7-1-22.