108.225(16)(am)1.1. In the case of benefit overpayments or a penalty imposed under s. 108.04 (11) (bh), an individual debtor is entitled to an exemption from levy of 80 percent of the debtor’s disposable earnings, except that:
108.225(16)(am)1.a.a. A debtor’s disposable earnings are totally exempt from levy if the debtor’s wages are below the federal income guideline established under 42 USC 9902 (2) for a household of the debtor’s size or the levy would cause that result.
108.225(16)(am)1.b.b. Upon petition by a debtor demonstrating hardship, the department may increase the portion of the debtor’s disposable earnings that are exempt from levy.
108.225(16)(am)1.c.c. The department may decrease or eliminate the exemption from levy under this paragraph if a final determination has been issued under s. 108.09 or a judgment has been entered under s. 108.24 (1) in which the debtor has been found guilty of making a false statement or representation to obtain benefits and the benefits and any assessment under s. 108.04 (11) (cm) have not been paid or reimbursed at the time that the levy is issued, unless the fund’s treasurer has written off the debt under s. 108.16 (3) (a).
108.225(16)(am)2.2. The department shall by rule prescribe a methodology for application of the exemption applicable to a levy under subd. 1. a. at the time that the levy is issued.
108.225(17)(17)Exemptions. The first $1,000 of an account in a depository institution is exempt from any levy to recover a benefit overpayment or penalty imposed under s. 108.04 (11) (bh). No other property is exempt from levy except as provided in sub. (16).
108.225(18)(18)Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever willfully violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
108.225(19)(19)Appeal. Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under s. 108.10. The appeal is limited to questions of prior payment of the debt that the department is proceeding against, and mistaken identity of the debtor. The levy is not stayed pending an appeal in any case where property is secured through the levy.
108.225(20)(20)Cost of levy. Whenever property is secured by means of a levy, any 3rd party in possession of the debtor’s property is entitled to collect from the debtor a levy fee of $5 for each levy in which a debt is satisfied by means of a single payment and $15 for each levy in which a debt is satisfied by means of more than one payment. The fee is payable from the property levied against and is in addition to the amount of the levy. The 3rd party may charge the fee to the debtor at the time the party transfers the proceeds of the levy to the department.
108.225 HistoryHistory: 1989 a. 77; 1997 a. 187, 283; 2001 a. 35, 109; 2003 a. 197; 2005 a. 86, 442; 2011 a. 198, 236; 2013 a. 36; 2013 a. 165 s. 115; 2015 a. 334; 2017 a. 157.
108.227108.227License denial, nonrenewal, discontinuation, suspension and revocation based on delinquent unemployment insurance contributions.
108.227(1)(1)Definitions. In this section:
108.227(1)(a)(a) “Contribution” includes contributions under ss. 108.17 and 108.18, interest for a nontimely payment or a fee assessed on an employer, an assessment under s. 108.19, any payment due for a forfeiture imposed upon an employing unit under s. 108.04 (11) (c), and any other penalty assessed by the department under this chapter against an employing unit.
108.227(1)(b)(b) “Credential” has the meaning given in s. 440.01 (2) (a).
108.227(1)(c)(c) “Credentialing board” means a board, examining board or affiliated credentialing board in the department of safety and professional services that grants a credential.
108.227(1)(d)(d) “Liable for delinquent contributions” means that a person has exhausted all of the person’s remedies under s. 108.10 to challenge the assertion that the person owes the department any contributions and the person is delinquent in the payment of those contributions.
108.227(1)(e)(e) “License” means any of the following:
108.227(1)(e)1.1. An approval specified in s. 29.024 (2r) or a license specified in s. 169.35.
108.227(1)(e)2.2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care facility, or child care center, as required by s. 48.60, 48.625, 48.65, or 938.22 (7).
108.227(1)(e)3.3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 254.176, 254.20 (3), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a license for operation of a campground specified in s. 97.67 (1).
108.227(1)(e)5.5. An occupational license, as defined in s. 101.02 (1) (a) 2.
108.227(1)(e)6.6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.12 to 202.14, 202.22, 203.03, 217.05, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.
108.227(1)(e)6m.6m. A certificate or registration issued under s. 168.23 (3).
108.227(1)(e)7.7. A license described in s. 218.0114 (14) (a) and (g), a license described in s. 218.0114 (14) (b), (c) or (e), a license issued under s. 218.11, 218.12, 218.22, 218.32, 218.41, 343.61 or 343.62, a buyer identification card issued under s. 218.51 or a certificate of registration issued under s. 341.51.
108.227(1)(e)7m.7m. A license issued under s. 562.05 or 563.24.
108.227(1)(e)8.8. A license, registration or certification specified in s. 299.07 (1) (a).
108.227(1)(e)9.9. A credential.
108.227(1)(e)10.10. A license or permit granted by the department of public instruction.
108.227(1)(e)11.11. A license to practice law.