Rules Clearinghouse No. 14-032
ORDER OF THE WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
CREATING AND ADOPTING RULES
The Wisconsin department of workforce development adopts the following order to amend DWD 295.001 (4) (a) to (c) and (21), 295.02 (2) (intro.), (b) (intro.), 15. (intro.) and a. and b., 295.07 (3) (e) (intro.) and 1., 295.15 (2) (intro.) and (a) to (c), 295.20 (4) (c), (5) (b) (intro.) and 1. to 4., and (c) (intro.) and 1. to 4., 295.21 (2) (intro.) and (a), (5) (intro.), (a) and (b), and (7) (intro.), (a) to (c), and 295.23 (1) (intro.), (a) and (b); and to create DWD 295.25 relating to apprenticeship completion awards.
Analysis Prepared by the Department of
Workforce Development
Statutes Interpreted
Statutes Interpreted: Ch. 106, Stats. Statutory Authority
Statutory Authority: s. 106.05, Stats. Explanation of Statutory Authority
The Department of Workforce Development (DWD) has responsibilities imposed by 2013 Wisconsin Act 57 for implementing the state's apprenticeship completion reimbursement program. DWD has specific authority to establish rules interpreting and clarifying provisions under ch. 106, Stats., relating to apprentice, employment and equal rights programs. Act 57 created s. 106.05, Stats., which provides that DWD administer an apprenticeship completion award program to partially reimburse the tuition costs paid by apprentices who have successfully completed part or all of the apprenticeship requirements, or paid by the sponsors of those apprentices, and promulgate rules to implement the program.
Related Statutes or Rules
Chapter 106, Stats., governs the state’s apprenticeship program. DWD rules for the apprenticeship completion award program will be incorporated into ch. DWD 295, which governs the procedures of the federal and state apprenticeship programs. The National Apprenticeship Act (also known as the Fitzgerald Act), 29 U.S. Code 50, provides for the U.S. Department of Labor to establish national standards for state apprenticeship programs. The federal regulations which provide the details of the standards are found at 29 CFR Part 29. The Wisconsin state apprenticeship program has been approved by the U.S. Department of Labor under the federal standards. Plain Language Analysis
This rule will administer an apprenticeship completion award program to partially reimburse the tuition costs paid for apprentices who have successfully completed part or all of their apprenticeship requirements, and who are employed in the trade, craft or business in which the apprentice was trained.
This rule will do all of the following:
Establish requirements that allow DWD to distribute tuition reimbursement completion awards to an apprentice or to the sponsor of the apprentice, in an amount of up to 25% of the tuition costs, but no more than $1000.
Allow DWD to distribute awards in two parts. The first payment may be made upon the successful completion of the first year of the apprentice's contract, but the payment may not exceed $250. The remainder of the award may be distributed upon the final completion of all requirements under the apprentice's contract.
Deny applications for reimbursement that would otherwise qualify, if the amount of total reimbursement requests applied for exceeds the amount appropriated, based on the dates on which apprentices and sponsors of the apprentice become eligible for the apprenticeship completion awards.
Identify requirements that an applicant seeking reimbursement under this program must meet when the applicant is delinquent in child support or maintenance payments, or owes past support, medical expenses or birth expenses. Summary of, and comparison with, existing or proposed federal statutes and regulations
The Code of Federal Regulation Chapter 29, Part 29, governs the U.S. Department of Labor Standards for the Registration of Apprentice Programs. There are no federal statutes or regulations equivalent to this apprenticeship completion award program. Comparison with rules in adjacent states
Minnesota has implemented laws relating to voluntary apprentice program administration, but does not have any comparable rules or programs similar to the apprenticeship completion award program.
Illinois, Iowa and Michigan do not have their own state apprenticeship laws and rely on federal standards.
Summary of factual data and analytical methodologies
