Rules Clearinghouse No. 15-055
ORDER OF THE WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
ADOPTING RULES
The Wisconsin department of workforce development adopts the following order to repeal DWD 75.03 (4); to renumber and amend DWD 75.11 and 75.19 (2) ; to amend DWD 75.01, 75.02, 75.03 (3), (8), (9), (10) to (16), (17), 75.04, 75.05 (1), (2) and (note), 75.06, 75.07, 75.08 (intro.) and (1) to (5), 75.09 (1) to (3), 75.10 (1) and (2), 75.12 (intro.), (1) and (3), 75.13 (1) and (3), 75.14 (title), (1) (intro.), (2) and (3), 75.16 (1), (3) to (5), (6) (a) and (b), (7), (8) (b), (9), (14) (a) and (b), and (15) to (17), 75.17, 75.18, and 75.19 (title), (1) and (2) (title), and (3) to (5) ; and to create DWD 75.03 (2m), (3m), (5r), and (16m), 75.11 (2), 75.16 (6) (a) (note) and (b) (note), and 75.19 (2) (b) and (c); relating to appeal procedures for vocational rehabilitation services.
Analysis Prepared by the Department of
Workforce Development
Statutes interpreted
Statutes Interpreted: Section 47.02, Stats. Statutory authority
Explanation of statutory authority
Chapter 47, Stats., governs the vocational rehabilitation program and adopts methods of administering the vocational rehabilitation program to maximize federal participation. Under s. 47.02 (5), Stats., any person aggrieved by a determination of eligibility or ineligibility for vocational rehabilitation services, or by the furnishing or denial of vocational rehabilitation services, may commence an appeal as provided under the rules promulgated by the department. As provided under s. 103.005 (1), Stats., the department is directed to adopt reasonable and proper rules and regulations to govern the proceedings and regulate the mode and manner of all investigations and hearings. Related statutes or rules
Wisconsin statutes and rules relating to the appeal procedures for vocational rehabilitation services are set forth in ch. 47, Stats., and ch. DWD 75, Wis. Admin. Code. Plain language analysis
The proposed rule will do all of the following:
Definitions and Terms
• Updates the existing rule by creating and defining "administrator's representative," "contract administrator," "determination of ineligibility," "hearing officer," and "secretary" for clarity.
• Repeals the definition "appellant," which is obsolete. The proposed rule incorporates the use of applicant or eligible individual, or representative of the applicant or eligible individual to be consistent with federal regulations.
• Modifies the terms "appeal," "hearing," "hearing coordinator," "hearing request," "intent to review," "party," "representative," and "Wisconsin client assistance program" for clarity.
• Replaces the term "IWRP" with "IPE" and "prehearing interview" with "prehearing conference."
• Changes the definition of "order of selection" to be consistent with federal regulations.
Representative of an Applicant or Eligible Individual
The proposed rule clarifies that a representative of an applicant or eligible individual may invoke the provisions under this chapter.
Right to a Hearing
Under s. DWD 75.04 an applicant or eligible individual, or the representative of the applicant or eligible individual, may appeal a decision concerning eligibility for services or the furnishing or denial of services. The proposed rules clarifies that an applicant or eligible individual, shall file an appeal when a determination of ineligibility for services or the decision of furnishing or denial of services for vocational rehabilitation services for an individual are denied, reduced, suspended or terminated. Requesting a Hearing
The proposed rule clarifies, but does not change the time limits for requesting a hearing. The rule clarifies a request for hearing must be filed within 12 months after a determination of ineligibility for services or the decision of the furnishing or denial or services was mailed to the applicant or eligible individual, or the representative of the applicant or eligible individual.
The proposed rule updates the requirements for filing a written hearing request and requires the applicant or eligible individual, or representative of the applicant or eligible individual, to state the issues involved in the appeal and the desired outcome on a form provided by the department.
Time Limit for Holding a Hearing
Under s. DWD 75.07 a hearing shall be held within 45 days of the receipt of the hearing request. The proposed rule changes, from 45 days to 60 days, the time period in which a hearing must be held within receipt of a hearing request. Filing Motions Relative to a Hearing
Under s. DWD 75.08 (5), a motion for a substitute hearing officer shall be filed with the hearing coordinator and the hearing coordinator forwards the request with their recommendation to the administrator with a copy of any relevant comments regarding that hearing officer's performance. If the motion is granted, the hearing coordinator assigns a different hearing officer. The proposed rule repeals this portion of the rule and requires a motion for a substitute hearing officer be filed with the hearing officer.
