DWD 131.10(4)(c) (c) The following information related to the conditional offer of employment from the employing unit to the individual:

DWD 131.10(4)(c)1. 1. Documentation of the conditional offer of employment.

DWD 131.10(4)(c)2. 2. The date on which the employing unit extended the conditional offer of employment to the individual.

DWD 131.10(4)(c)3. 3. The date on which employment would begin, the individual’s pay rate, the number and arrangement of hours, and the kind of work that would be performed.

DWD 131.10(4)(c)4. 4. The date and manner in which the employing unit informed the individual that, as a condition of the offer of employment, the individual must submit to a test for the unlawful use of controlled substances.

DWD 131.10(4)(d) (d) The date and manner in which the employing unit informed the individual that the employing unit may notify the department if the individual declined to submit to a test for the unlawful use of controlled substances.

DWD 131.10(4)(e) (e) The following information related to the individual declining to submit to a test for the unlawful use of controlled substances:

DWD 131.10(4)(e)1. 1. The date on which the individual declined to submit to a test.

DWD 131.10(4)(e)2. 2. Documentation that the individual declined to submit to the test.

DWD 131.10(4)(e)3. 3. The date on which the employing unit received notification that the individual declined to submit to the test.

DWD 131.10(4)(f) (f) The date and manner the employing unit withdrew the conditional offer of employment after the employing unit received notice that the individual declined to submit to a test for the unlawful use of controlled substances.

DWD 131.10(4)(g) (g) Any additional information requested by the department.

DWD 131.10 Note Note: To obtain a form under this section, contact the Department of Workforce Development, Division of Unemployment Insurance, 201 E. Washington Avenue, P.O. Box 7905, Madison, WI 53707, by telephone at [phone] or access the form online at https://dwd.wisconsin.gov/dwd/forms/ui/ucb-18102-e.htm.

DWD 131.10(5) (5) Department determination of an individual receiving benefits.

DWD 131.10(5)(a) (a) The department shall determine, after receiving the information submitted by an employing unit under sub. (2) or (4), whether the individual is receiving benefits under ch. 108, Stats.

DWD 131.10(5)(b) (b) If the department determines the individual is receiving benefits under par. (a), the department shall use the information reported under sub. (2) or (4) to determine eligibility under s. 108.04 (8) (b), Stats. The department shall provide information regarding the documentation submitted by an employing unit under sub. (2) or (4) to the individual.

DWD 131.10(6) (6) Rebuttable presumption for failure to accept suitable work.

DWD 131.10(6)(a) (a) If the department determines an individual is receiving benefits under sub. (5) (a), the department shall provide the individual an opportunity to overcome the presumption that the individual failed, without good cause, to accept suitable work when offered under s. 108.04 (8) (b), Stats.

DWD 131.10(6)(b) (b) An individual may overcome the presumption that the individual failed, without good cause, to accept suitable work when offered under s. 108.04 (8) (b), Stats., if the individual tested positive for the unlawful use of one or more controlled substances, and the individual establishes by a preponderance of the evidence, any of the following:

DWD 131.10(6)(b)1. 1. The employing unit did not extend an offer of employment contingent on the individual submitting to a test for the unlawful use of controlled substances.

DWD 131.10(6)(b)2. 2. The employing unit withdrew the offer of employment before the employing unit received the positive test results.

DWD 131.10(6)(b)3. 3. The individual held a valid prescription at the time of the test for each controlled substance detected in the test.

DWD 131.10(6)(b)4. 4. The test for the unlawful use of controlled substances was not conducted or confirmed by a laboratory certified by the substance abuse and mental health services administration of the United States department of health and human services.

DWD 131.10(6)(b)5. 5. The requirements under s. 108.04 (9), Stats., apply to the work offered.

DWD 131.10(6)(b)6. 6. Any circumstances which the department determines are beyond the individual’s control.

DWD 131.10(6)(c) (c) The individual may overcome the presumption that the individual failed, without good cause, to accept suitable work when offered under s. 108.04 (8) (b), Stats., by declining to submit to a test for the unlawful use of controlled substances if the individual establishes by a preponderance of the evidence, any of the following:

DWD 131.10(6)(c)1. 1. The employing unit did not extend an offer of employment contingent on the individual submitting to a test for the unlawful use of controlled substances.

DWD 131.10(6)(c)2. 2. The individual was unable to complete a test for the unlawful use of controlled substances due to medical reasons.

DWD 131.10(6)(c)3. 3. The individual accepted an offer of employment from another employing unit before or at the time the individual declined to submit to the test under sub. (3).