Chapter DWD 295

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.

DWD 295.25(3)(e) (e) If the applicant is delinquent in child support or maintenance payments, or owes past support medical expenses or birth expenses, then the applicant must meet the requirements under s. 106.05 (3) (b), Stats.

DWD 295.25(4) (4) Application for apprenticeship completion award. The application for an apprenticeship completion award shall contain all of the following:

DWD 295.25(4)(a) (a) The name and address of the apprentice and sponsor, and identification of who is applying for reimbursement.

DWD 295.25(4)(b) (b) A copy of all invoices and documents containing tuition costs eligible for apprenticeship completion awards. This information shall include all of the following:

DWD 295.25(4)(b)1. 1. The name and address of the entity to whom the tuition costs were paid.

DWD 295.25(4)(b)2. 2. The amount and description of all tuition costs.

DWD 295.25(4)(b)3. 3. The dates on which tuition costs were paid.

DWD 295.25(4)(b)4. 4. Cancelled checks or other information documenting that the apprentice or sponsor has paid all costs under subd. 2.

DWD 295.25(4)(b)5. 5. Any other relevant information requested by the department.

DWD 295.25(4)(c) (c) A statement from the sponsor that states either of the following:

DWD 295.25(4)(c)1. 1. The apprentice has successfully completed the first year under the apprenticeship contract.

DWD 295.25(4)(c)2. 2. The apprentice has successfully completed the full apprenticeship contract.

DWD 295.25 Note Note: The application for apprenticeship completion awards can be found online at http://www.wisconsinapprenticeship.org.

DWD 295.25(5) (5) Completion award rates and recalculations.

DWD 295.25(5)(a) (a) The department shall reimburse all eligible tuition costs under this section in an amount not to exceed 25%, or $1,000, whichever is less, upon successful completion of an apprenticeship contract.

DWD 295.25(5)(b) (b) The department shall reimburse an apprentice or sponsor up to $250 after the apprentice has successfully completed the first year under the apprenticeship contract. The total award granted in the first year under this paragraph, combined with any award received after the first year, may not exceed the amount specified in par. (a).

DWD 295.25(5)(c) (c) The department may calculate the amount of an apprenticeship completion award on a pro rata basis when both the apprentice and sponsor incur eligible tuition costs. The total amount of the apprenticeship completion award may not exceed the amounts identified under pars. (a) and (b).

DWD 295.25(5)(d) (d) If the amount of funds to be distributed under this section exceeds the amount available under s. 20.445 (1) (b), Stats., the department may deny applications for apprenticeship completion awards that would otherwise qualify under sub. (4).

DWD 295.25 History History: CR 14-032: cr. Register May 2015 No. 713, eff. 6-1-15; correction in numbering of (5) made under s. 13.92 (4) (b) 1., Stats., Register May 2015 No. 713; correction in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.