DCF 101.055(3)(a)(a) An employee, former employee, or employee’s representative may file a written complaint with the W-2 agency or its designee that alleges facts that may constitute a violation of s. DCF 101.05 (9).

DCF 101.055(4)(4) Investigation and informal resolution. Upon receipt of a complaint alleging a violation of s. DCF 101.05 (9), the W-2 agency or its designee shall investigate the complaint and assist the parties in attempting to reach an informal resolution to the complaint.

DCF 101.055(5)(5) Hearing.

DCF 101.055(5)(a)(a) If an informal resolution under sub. (4) cannot be reached, the W-2 agency or its designee shall conduct a hearing within 30 calendar days from the date the complaint was filed.

DCF 101.055(5)(b)(b) The W-2 agency or its designee shall issue a hearing decision to the parties within 60 calendar days from the date the complaint was filed.

DCF 101.055(6)(6) Department review. A party may file a written request for a department review within 10 days of receiving an adverse decision from the W-2 agency or its designee or within 15 days from the date the decision was due if the parties did not receive a decision. The review shall be conducted by the department of administration’s division of hearings and appeals. The department’s final decision shall be issued within 30 calendar days from the date the request for departmental review was filed.

DCF 101.055 NoteNote: A request for departmental review may be mailed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to (608) 264-9885; or delivered to 4822 Madison Yards Way, Madison, WI 53705.

DCF 101.055(7)(7) Remedies. A W-2 employer or work training provider who is found to have violated any of the nondisplacement provisions in s. DCF 101.05 (9) may be subject to the following penalties:

DCF 101.055(8)(8) Nonretaliation. No employer or W-2 work training provider may retaliate against an employee, employee’s representative, or witness who initiates or participates in the grievance procedure under this section.

DCF 101.055 HistoryHistory: CR 04-082: cr. Register November 2004 No. 587, eff. 12-1-04; corrections in (1), (3) (a), (4), (6) and (7) (intro.) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 21-091: am. (6) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.06(1)(1) Right to apply. Any individual may apply for Wisconsin works. Application for Wisconsin works shall be made on a form prescribed by the department and available from a Wisconsin works agency.

DCF 101.06(2)(2) Where application is made. Application shall be made in the geographical area specified by the department under s. 49.143 (6), Stats., in which the individual lives.

DCF 101.06(3)(3) Signing the application. Each application form shall be signed by the applicant or the applicant’s responsible relative, legal guardian or authorized representative; or, where the applicant is incompetent or incapacitated, someone acting responsibly for the applicant. The application shall be re-signed in the presence of any agency representative in accordance with s. 49.84, Stats. Two witnesses’ signatures shall be required when the application is signed with a mark.

DCF 101.06(4)(4) Decision date.

DCF 101.06(4)(a)(a) As soon as possible, but no later than 5 working days after the date the agency receives a signed application, completed to the best of the applicant’s ability, the W-2 agency shall schedule and hold a personal interview with the applicant.

DCF 101.06(4)(c)(c) Following the interview and after verifying eligibility information, the W-2 agency shall with reasonable promptness make a decision as to the appropriate placement in a W-2 employment position.

DCF 101.06(5)(5) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.

DCF 101.07(1)(1) Individuals inquiring about or applying for W-2 shall be given the following information by the W-2 agency in written form, and orally as appropriate: coverage, conditions of eligibility, scope of the program and related services available, and participants’ rights and responsibilities. Bulletins or pamphlets developed for this purpose shall be available at the W-2 agency.

DCF 101.07(2)(2) Individuals may examine program manuals and policy issuances which affect the public, including rules and regulations governing eligibility, participants’ rights and responsibility and services offered. These documents may be examined at W-2 agency offices or the department’s state or regional offices on regular work days during regular office hours.

DCF 101.07(3)(3) An individual or the individual’s authorized representative may review the individual’s entire case record to verify that the content accurately reflects statements and documentation of facts. The W-2 agency may not withhold any part of the record during preparation for a review of a W-2 agency decision under s. 49.152, Stats. When the request is not related to preparation for review of a W-2 agency decision under s. 49.152, Stats., the W-2 agency is not required to show the individual or the individual’s authorized representative the entire record unless the reason for reviewing the record requires the full record.