Chapter DWD 295

DWD 295.20(2) (2) Requirements. The complaint shall be in writing and signed by the complainant, or authorized representative, and shall be submitted within 20 days of the final local decision. It shall set forth the specific matters complained of, together with relevant facts and circumstances. Copies of pertinent documents and correspondence shall accompany the complaint.

DWD 295.20(3) (3) Initial procedure. The department, as appropriate, shall render an opinion within 90 days after receipt of the complaint, based upon such investigation of the matters submitted as may be found necessary, and the record before it. During the 90-day period, the department shall make reasonable efforts to effect a satisfactory resolution between the parties involved. If so resolved, the parties shall be notified that the case is closed. Where an opinion is rendered, copies shall be sent to all interested parties. Nothing in this section precludes an apprentice from pursuing any other remedy authorized under another federal, state, or local law.

DWD 295.20(4) (4) Notice.

DWD 295.20(4)(a) (a) Notice of intent to cancel. If any party to the apprentice contract requests that the department cancel the contract, the department shall send a written notice of intent to cancel to the complainant and the other party or parties. The notice shall state that the apprentice contract will be cancelled 20 days from the date of the notice, unless the department receives a written objection from any party within the 20-day period. An objection shall be on the form provided by the department with the notice.

DWD 295.20(4)(b) (b) No objection to cancellation. If no party to the apprentice contract objects by the expiration of the 20-day period in the notice of intent to cancel, the apprentice contract is cancelled effective the date of the cancellation notice under par. (d).

DWD 295.20(4)(c) (c) Timely objection. If the department receives an objection within the 20-day period provided in the notice of intent to cancel, all of the following provisions apply:

DWD 295.20(4)(c)1. 1. The apprentice contract shall remain in the status it is in at the time that the department receives the objection, until the department cancels the apprentice contract under par. (d).

DWD 295.20(4)(c)2. 2. The department shall determine whether the information provided by the complainant and the objecting party supports the complainant’s allegation that another party is not complying with the terms of the apprentice contract and whether the apprentice contract should be cancelled. If the information provided is unclear or incomplete, the department shall investigate further.

DWD 295.20(4)(c)3. 3. If the department determines that the apprentice contract should be cancelled, the department shall send a cancellation notice under par. (d) and the apprentice contract is cancelled effective the date of the notice. If the department determines that the apprentice contract should not be cancelled, the department shall rescind the intent to cancel notice.

DWD 295.20(4)(d) (d) Cancellation notice. If the apprentice contract is cancelled, the department shall send a written cancellation notice to the parties. Any party who objects may make a request for a hearing within 20 days from the date of the notice.

DWD 295.20(5) (5) Appropriate subject matter.

DWD 295.20(5)(a) (a) The department shall hold a hearing if a timely request is made under sub. (3) on any complaint alleging that the provisions of the apprentice contract are not being complied with by a party to the contract. The department may not hold a hearing on complaints which consist of matters which are unrelated to the provisions of the apprentice contract.

DWD 295.20(5)(b) (b) Examples of violations of the apprentice contract which may be appropriate subject matter for a hearing on a complaint to the department under this chapter may include any of the following:

DWD 295.20(5)(b)1. 1. That the employer or other party to the apprentice contract has not provided to the apprentice the proper on-the-job learning as required in the apprentice contract.

DWD 295.20(5)(b)2. 2. That the employer or other party to the apprentice contract has failed to provide to the apprentice the proper related instruction as required in the apprentice contract.

DWD 295.20(5)(b)3. 3. That the employer or other party to the apprentice contract has assigned the apprentice to perform job duties which do not provide the proper on-the-job learning as required in the apprentice contract.

DWD 295.20(5)(b)4. 4. That the employer or other party to the apprentice contract has failed to pay the wages as required in the apprentice contract.

DWD 295.20(5)(b)5. 5. That the apprentice is not satisfactorily progressing in the on-the-job learning or related instruction required under the apprentice contract.

DWD 295.20(5)(c) (c) Examples of matters which are unrelated to the provisions of the apprentice contract which are not appropriate subjects for a hearing by the department under this chapter may include any of the following:

DWD 295.20(5)(c)1. 1. Employee absenteeism or tardiness at work or school.

DWD 295.20(5)(c)2. 2. Employee use of drugs or alcohol on the job at work or school.

DWD 295.20(5)(c)3. 3. Insubordination.

DWD 295.20(5)(c)4. 4. Refusal to perform work as assigned.

DWD 295.20(5)(c)5. 5. Employee violations of the employer’s printed work rules.

DWD 295.20(5)(d) (d) If the department’s investigation reveals that the dispute between the apprentice and the employer or other party to the apprentice contract is unrelated to the provisions of the apprentice contract, the department may cancel the apprentice contract.

DWD 295.20(6) (6) Hearing procedures.

DWD 295.20(6)(a) (a) When the department sets a date for a hearing, it shall notify each party to the apprentice contract at least 20 days prior to the date of the hearing.

DWD 295.20(6)(b) (b) The person appointed by the department as the hearing examiner may not be any person who has participated in an initial investigation of the complaint.

DWD 295.20(6)(c) (c) The hearing examiner shall limit the hearing to the appropriate subject matter under sub. (5).

DWD 295.20(6)(d) (d) The person making the complaint shall present evidence at the hearing to support the allegations in the complaint. If the person making the complaint fails to appear at the hearing without good cause or refuses to present evidence to support the allegations in the complaint, the hearing examiner may dismiss the complaint.

DWD 295.20(6)(e) (e) The hearing examiner is not bound by the strict statutory or common law rules of evidence. Evidence shall be admitted as provided in s. 227.45, Stats.

DWD 295.20(6)(f) (f) The hearing shall be transcribed. Any party may obtain a copy of the transcript by purchasing a copy from the transcription agency.

DWD 295.20(6)(g) (g) At the conclusion of the hearing, the hearing examiner shall make written findings and orders and serve them upon the parties. The hearing examiner may make orders to enforce the apprentice contract, order penalties as provided in s. 106.01, Stats., cancel the apprentice agreement, or dismiss the complaint.

DWD 295.20(6)(h) (h) If the hearing examiner finds that a penalty as provided in s. 106.01, Stats., is appropriate, the department may request the attorney general to seek a court order directing the party to pay the penalty. If any party fails to comply with an order of the hearing examiner, the department may request the attorney general to seek enforcement of the order or penalty in the circuit court.

DWD 295.20(6)(i) (i) The decision of the hearing examiner is the final order of the department. Any party may seek judicial review of an order of the hearing examiner, as provided in ch. 227, Stats.

DWD 295.20(7) (7) Cancellation. This section does not apply to the request of either party that an apprentice contract be cancelled during the probationary period specified in the apprentice contract.

DWD 295.20 History History: Cr. Register, May, 1981, No.305, eff. 6-1-81; correction in (5) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; CR 07-010: am. (1), (4) (a), (b), (c), and (d), (5) (a), (b), and (f) and (6), r. (2), r. and recr. (3), Register June 2007 No. 618, eff. 7-1-07; CR 10-073: am. (1), cr. (2), (3), renum. (3), (4), (5), (6) to be (4), (5), (6), (7) and am. Register November 2010 No. 659, eff. 12-1-10; correction in (2) (title), (3) (title) made under s. 13.92 (4) (b) 2., Stats., Register November 2010 No. 659; CR 14-032: am. (4) (c) (intro.), (5) (b) (intro.), 1. to 4., (c) (intro.), 1. to 4. Register May 2015 No. 713, eff. 6-1-15.

DWD 295.21 DWD 295.21 Deregistration of a registered program.

DWD 295.21(1) (1) Types of deregistration. Deregistration of a program may be effected upon the voluntary action of the sponsor by submitting a request for cancellation of the registration in accordance with sub. (2), or upon reasonable cause, by the department instituting formal deregistration proceedings in accordance with sub. (3).

DWD 295.21(2) (2) Deregistration at the request of the sponsor. The department may cancel the registration of an apprenticeship program by written acknowledgement of such request stating all of the following:

DWD 295.21(2)(a) (a) The registration is cancelled at the sponsor’s request, and the effective date thereof.

DWD 295.21(2)(b) (b) That, within 15 days of the date of the acknowledgment, the department shall notify all apprentices of such cancellation and the effective date; that such cancellation automatically deprives the apprentice of individual registration; that the deregistration of the program removes the apprentice from coverage for federal and state purposes which require the U. S. secretary of labor’s approval of an apprenticeship program, and that all apprentices are referred to the department for information about potential transfer to other registered apprenticeship programs.

DWD 295.21(3) (3) Deregistration by the department upon reasonable cause.

DWD 295.21(3)(a) (a) Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, or administered in accordance with the program’s registered provisions or with the requirements of this chapter, including: failure to provide on the-job learning; failure to provide related instruction; failure to pay the apprentice a progressively increasing schedule of wages consistent with the apprentices skills acquired; or persistent and significant failure to perform successfully. Deregistration proceedings for violation of equal opportunity requirements shall be processed in accordance with the provisions under ch. DWD 296.

DWD 295.21(3)(b) (b) For purposes of this section, persistent and significant failure to perform successfully occurs when a program sponsor consistently fails to register at least one apprentice, shows a pattern of poor quality assessment results over a period of several years, demonstrates an ongoing pattern of very low completion rates over a period of several years, or shows no indication of improvement in the areas identified by the department during a review process as requiring corrective action.

DWD 295.21(4) (4) Notice. Where it appears the program is not being operated in accordance with the registered standards or with requirements of this chapter, the department shall notify the program sponsor in writing.

DWD 295.21(5) (5) Notice requirements. The notice sent to the program sponsor’s contact person shall include all of the following:

DWD 295.21(5)(a) (a) Be sent by registered or certified mail, with return receipt requested.

DWD 295.21(5)(b) (b) State the shortcomings and the remedy required.

DWD 295.21(5)(c) (c) State that a determination of reasonable cause for deregistration shall be made unless corrective action is effected within 30 days.

DWD 295.21(6) (6) Extension. Upon request by the sponsor for good cause, the 30-day term may be extended another 30 days. During the period for corrective action, the department shall assist the sponsor in every reasonable way to achieve conformity.

DWD 295.21(7) (7) Notice of deregistration. If the required correction is not effected within the allotted time, the department shall send a notice to the sponsor, by registered or certified mail, return receipt requested, stating all of the following:

DWD 295.21(7)(a) (a) The notice is sent under this paragraph.

DWD 295.21(7)(b) (b) Certain deficiencies were called to the sponsor’s attention, enumerating them and the remedial measures requested, with the dates of such occasions and letters, and that the sponsor has failed or refused to effect correction.

DWD 295.21(7)(c) (c) Based upon the stated deficiencies and failure to remedy them, a determination has been made that there is reasonable cause to deregister the program and the program may be deregistered unless, within 15 days of the receipt of this notice, the sponsor requests a hearing by the department; and

DWD 295.21(7)(d) (d) If the sponsor does not request a hearing, the entire matter shall be submitted to the department for a decision on the record with respect to deregistration.

DWD 295.21(8) (8) Nonhearing order. If the sponsor does not request a hearing, the department shall prepare a report containing all pertinent facts and circumstances concerning the nonconformity, including the findings and recommendation for deregistration, and copies of all relevant documents and records. Statements concerning interviews, meetings, and conferences shall include the time, date, place, and persons present. The department shall make a final order on the basis of the record presented.

DWD 295.21(9) (9) Hearing. If the sponsor requests a hearing, the department shall prepare a report containing all the data listed in sub. (8), and the department shall refer the matter to a hearing officer. The hearing officer shall convene a hearing in accordance with ch. 227, Stats., and issue a decision as required in ch. 227, Stats.

DWD 295.21(10) (10) Contents of order. Every order of deregistration shall contain a provision that the sponsor shall, within 15 days of the effective date of the order, notify all registered apprentices of the deregistration of the program, the effective date thereof, that such cancellation automatically deprives the apprentice of individual registration; that the deregistration removes the apprentice from coverage for federal purposes which require the U. S. secretary of labor’s approval of an apprenticeship program; and that all apprentices are referred to the department for information about potential transfer to other registered apprenticeship programs.

DWD 295.21 History History: CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10; correction to (4) (title) to (10) (title) made under s. 13.92 (4) (b) 2., Stats., Register November 2010 No. 659; CR 14-032: am. (2) (intro.), (a), (5) (intro.), (a), (b), (7) (intro.), (a) to (c) Register May 2015 No. 713, eff. 6-1-15.

DWD 295.22 DWD 295.22 Reinstatement of program registration. Any apprenticeship program deregistered under s. DWD 295.21 may be reinstated by the department upon presentation to the department of adequate evidence that the apprenticeship program is operating in accordance with this chapter.

DWD 295.22 History History: CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.23 DWD 295.23 Hearings for deregistration.

DWD 295.23(1) (1) Within 10 days of receipt of a request for a hearing, the department shall designate a hearing officer to preside over the hearing. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested, to the appropriate sponsor. The notice shall include all of the following:

DWD 295.23(1)(a) (a) A reasonable time and place of hearing.

DWD 295.23(1)(b) (b) A statement of the provisions of this chapter pursuant to which the hearing is to be held.

DWD 295.23(1)(c) (c) A concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.

DWD 295.23(2) (2) The procedures contained in ch. 227, Stats., shall apply to the disposition of the request for hearing except that:

DWD 295.23(2)(a) (a) The hearing officer shall receive, and make part of the record, documentary evidence offered by any party and accepted at the hearing. Copies thereof shall be made available by the party submitting the documentary evidence to any party to the hearing upon request.

DWD 295.23(2)(b) (b) Technical rules of evidence shall not apply to hearings conducted pursuant to this chapter, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied, where reasonably necessary, by the hearing officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence.

DWD 295.23(2)(c) (c) The hearing officer shall issue a written decision within 90 days of the close of the hearing record. The hearing officer’s decision constitutes final agency action unless, within 20 days from the date of the decision, a party dissatisfied with the decision files a petition for rehearing with the department, specifically identifying the procedure, fact, law or policy to which exception is taken. Any exception not specifically noted is deemed to have been waived. A copy of the petition for rehearing shall be sent to the opposing party at the same time. Thereafter, the decision of the hearing officer remains final agency action unless the hearing officer, within 30 days of the filing of the petition for rehearing, notifies the parties that it has accepted the case for rehearing. The hearing officer may set a briefing schedule or decide the matter on the record. The hearing officer shall decide any case that the hearing officer accepts for review within 180 days of the close of the record. If not so decided, the hearing officer’s previous decision constitutes final agency action.

DWD 295.23 History History: CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 14-032: am. (1) (intro.), (a), (b) Register May 2015 No. 713, eff. 6-1-15.

DWD 295.25 DWD 295.25 Apprenticeship completion award program.

DWD 295.25(1) (1) Definitions. In this section:

DWD 295.25(1)(a) (a) “Sponsor” has the meaning given under s. 106.001 (8), Stats. “Sponsor” does not include a state agency or local governmental unit.

DWD 295.25(1)(b) (b) “Tuition costs” has the meaning given under s. 106.05 (1) (b), Stats.

DWD 295.25 Note Note: Examples of costs which are not “tuition costs” include student fees charged for use of a health center, parking fees, or late fees.

DWD 295.25 Note Note: Section 106.001 (8), Stats., defines ”sponsor” as follows:

DWD 295.25 Note “Sponsor” means any employer, organization of employees, association of employers, committee, or other person operating an apprenticeship program and in whose name the apprenticeship program is approved by the department.

DWD 295.25 Note Note: Section 106.05 (1) (b), Stats., defines ”tuition costs” as follows:

DWD 295.25 Note “Tuition costs” means any fee that is charged for an apprentice to participate in related instruction under s. 106.01 (6), Stats.

DWD 295.25 Note Note: Section DWD 295.001 (20), defines ”related instruction” as follows:

DWD 295.25 Note “Related instruction” means an organized and systematic form of instruction designed to provide the apprentice with the knowledge of the theoretical and technical subjects related to the apprentice’s occupation. Such instruction may be given in a classroom, through occupational or industrial courses, or by correspondence courses of equivalent value, electronic media, or other forms of self-study approved by the department.

DWD 295.25(2) (2) Notice of eligibility. After the first 12 months of the apprenticeship contract under s. DWD 295.07, and upon successful completion of the apprenticeship contract, the department will notify the apprentice and sponsor in writing or by computer-based programs, of eligibility to apply for an apprenticeship completion award. This notice will include specific details on applying for an apprenticeship completion award.

DWD 295.25(3) (3) Eligibility. The department shall provide an apprenticeship completion award under s. 106.05, Stats., to an apprentice or sponsor who has incurred tuition costs and meets all of the following requirements:

DWD 295.25(3)(a) (a) The apprentice has a valid apprenticeship contract under s. DWD 295.07.

DWD 295.25(3)(b) (b) The apprentice or sponsor has not been reimbursed for any tuition costs by any other entity.

DWD 295.25(3)(c) (c) The apprentice or sponsor completes and files an application under sub. (4), within 60 days of the date of the notice provided by the department under sub. (2), that the apprentice or sponsor is eligible for an apprenticeship completion award. If an application for a completion award is not received within 60 days of the date of the notice provided by the department, the department does not guarantee the payment of an apprenticeship completion award.

DWD 295.25(3)(d) (d) The apprentice has successfully completed the first year of the apprenticeship contract or has fully completed the apprenticeship contract and the apprentice is employed in the trade, occupation, or business in which the apprentice is being trained.