DCF 101.05(1) (1) Comply with ss. 49.141 to 49.161, Stats., applicable federal law, this chapter, and related program procedures.

DCF 101.05(2) (2) Make available all records necessary for the department’s exercise of its supervisory functions under s. 49.35, Stats.

DCF 101.05(3) (3) Provide the department with requested information through written reports, CARES reports and through other appropriate forms as prescribed by the department.

DCF 101.05(4) (4) Establish a community steering committee in accordance with s. 49.143 (2) (a), Stats.

DCF 101.05(7) (7) Encourage employers to make training sites available on the business site for participants.

DCF 101.05(8) (8) Work with the Wisconsin Economic Development Corporation to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under subch. II of ch. 238, Stats.

DCF 101.05(9) (9) Ensure that no W-2 employment position is operated so as to do any of the following:

DCF 101.05(9)(a) (a) Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual into a W-2 employment position.

DCF 101.05(9)(b) (b) Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.

DCF 101.05(9)(c) (c) Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.

DCF 101.05(10) (10) Refer individuals who need child care assistance to the local child care administrative agency.

DCF 101.05(11) (11) Refer all cases involving paternity and child support to the county child support agency.

DCF 101.05(12) (12) Provide, refer or facilitate transportation arrangements to enable participants to participate in W-2 activities. The W-2 agency shall limit any financial assistance granted to a W-2 participant to financial assistance for public transportation if a form of public transportation that meets the needs of the participant is available.

DCF 101.05(13) (13) Recover any overpayment of W-2 wages or benefits as required under s. 49.161, Stats., and s. DCF 101.23.

DCF 101.05(14) (14) Investigate, or refer to the appropriate agency for investigation, suspected cases of fraud.

DCF 101.05 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (10), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-050: am. (1) Register January 2003 No. 565, eff. 2-1-03; corrections in (10) and (13) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (8) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673; correction in (8) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; CR 21-091: r. (5), (6), r. and recr. (10) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.055 DCF 101.055 Grievance procedure for complaints of employment displacement.

DCF 101.055(1) (1) Agency designee. Each W-2 agency shall designate staff responsible for receiving, investigating, and resolving complaints of violations of s. DCF 101.05 (9) or shall maintain an agreement with a department grantee or contractor in the same locality to receive, investigate, and resolve such complaints.

DCF 101.055(2) (2) Notice. Each W-2 work training provider or employer of a participant in a W-2 employment position shall inform its employees of the right to file a complaint under this section and provide information about how to obtain further information on the grievance procedure.

DCF 101.055(3) (3) Filing a complaint.

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(3)(b) (b) The complaint shall be filed within one year from the date of the alleged violation.

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 Note Note: 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 [phone]; 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: