Wisconsin Administrative Code

DWD 290.10 Procedure for an administrative review. (1) This section applies to a request for review by a local government unit under s. 66.0903 (3) (br), 2009 Stats., an owner or developer of real property under s. 66.0904 (4) (e), 2009 Stats., or a state agency under s. 103.49 (…

DWD 290.11 Procedure when a covered entity fails to request a required prevailing wage rate determination or incorporate a required prevailing wage rate determination into a contract. (1) When the department finds that a state agency or local governmental unit has not requested a…

DWD 290.12 Posting of prevailing wage rates. (1) A clearly legible copy of the prevailing wage rate determination issued by the department or exempted local governmental unit, together with the provisions of s. 66.0903 (10) (a) and (11) (a), 66.0904 (8) (a) and (9) (a), or 103.49…

DWD 290.13 Evidence of compliance by agent and subcontractor. (1) AFFIDAVIT OF COMPLIANCE. Upon completion of their portion of work on a project of public works or a publicly funded private construction project and prior to receiving final payment for work on the project, each ag…

DWD 290.14 Evidence of compliance by prime contractor. (1) AFFIDAVIT OF COMPLIANCE. Upon completion of the project of public works or publicly funded private construction project and prior to receiving its final payment for work on the project, each prime contractor shall file a …

DWD 290.145 Evidence of compliance by owner or developer of real property. Prior to the local governmental unit accepting the dedication of any work completed under s. 66.0903 (2), 2009 Stats., each owner or developer of real property shall file an owner or developer affidavit of…

DWD 290.155 Minimum estimated project costs. (1) This chapter does not apply to any project of public works for which the estimated cost of completion is below $25,000. (1m) This chapter does not apply to a publicly funded private construction project that receives less than $1,0…

DWD 290.16 Complaints. Any person may request an inspection pursuant to s. 66.0903 (10) (c), 66.0904 (8) (c), or 103.49 (5) (c), 2009 Stats. The request shall be in writing and shall identify the involved project; contractor, subcontractor, or agent; and trade or occupation. The …

DWD 290.17 Standard contract language. (1) Every state agency or local governmental unit shall insert or cause to be inserted a clause in every prime contract that clearly states that the applicable project of public works is subject to the provisions of either s. 66.0903 or 103.…

DWD 290.18 Electronic certified payroll records. (1) CONTRACTOR REPORTING. Except as noted in sub. (2), by the 7th day of the month following a month in which a contractor, subcontractor, or contractor[s or subcontractor[s agent performs work on a prevailing wage project, the con…

DWD 290.19 Application of effective date. (1) PROJECTS OF PUBLIC WORKS, REQUESTS FOR BIDS. For projects under s. 66.0903, 2009 Stats., which are subject to bidding, the department shall apply the threshold amount of $25,000 to projects for which a request for bids is issued after…

DWD 294.01 Applicability. (1) SCOPE OF CHAPTER. This chapter: (a) Prescribes certain policies and procedures governing the debarment of contractors from contracts involving any state agency or local governmental unit. (b) Sets forth the treatment to be accorded to debarred contra…

DWD 294.02 Definitions. In this chapter: (1) XConsolidated listY means a list compiled and maintained by the department which contains the names, addresses and other pertinent information as required by this chapter of all contractors that have been debarred under this chapter wi…

DWD 294.03 List and records of debarred contractors. (1) LIST. (a) The department shall compile and maintain a current consolidated list of all debarred contractors. (b) The department shall use the consolidated list to ensure that every state agency or local governmental unit do…

DWD 294.04 Treatment of listed contractors. (1) EFFECT. No state agency or local governmental unit may knowingly solicit bids from, negotiate with or award contracts to, and approve or allow subcontracts with a debarred contractor, except as otherwise provided in s. DWD 294.05. (…

DWD 294.05 Debarment. (1) GENERAL. (a) The department may, in the public interest, debar a contractor for any of the causes contained in sub. (2), using the procedures in sub. (3). The existence of a cause for debarment, as specified in sub. (2), shall not always require that a c…

DWD 294.06 Notification to state agencies and local governmental units. (1) The department shall notify all state agencies and local governmental units of the names of all debarred contractors by providing them with a copy of the most current consolidated list available at the sa…

DWD 294.07 Distribution of consolidated list to the general public. To ensure that the general public is kept fully informed of the names of the debarred contractors, the department shall supplement the notification requirements provided under s. DWD 294.06 by distributing a copy…

DWD 294.08 Disclosure of ownership of other construction business that failed to observe prevailing wage law. On the date a contractor submits a bid to or completes negotiations with a state agency or local governmental unit, the contractor shall disclose the name of any other co…

DWD 295.001 Definitions. In this chapter: (1) XApprenticeY has the meaning specified in s. 106.001 (1), Stats. (2) XAssignmentY means the initial placement of an apprentice with an employer. Note: See also the definitions in this section of XreassignmentY and Xunassignment.Y (3) …

DWD 295.01 Eligibility and procedure for registration of an apprenticeship program. (1) The eligibility for registration of an apprenticeship program for federal and state purposes is conditioned upon a program[s conformity with the apprenticeship program standards published in t…

DWD 295.02 Standards. (1) The department may adopt statewide or local apprenticeship standards covering minimum training requirements, procedure in processing apprentice contracts, qualification of applicant employers and apprentices, functions of local apprenticeship committees,…

DWD 295.03 Local committees. (1) The function of local apprenticeship committees is to act in an advisory capacity to the department and to be parties to apprentice contracts. Candidates for membership are nominated by the organizations which the members are to represent. To be r…

DWD 295.04 Application forms. Where the department requires application forms to be filled out by applicant employers, applicant sponsors, and applicants for apprenticeships, the forms shall be approved by the department. Note: All forms referred to may be obtained at no charge f…

DWD 295.05 Apprentice wages. (1) An apprentice contract wage scale is deemed adequate when, during the term of training, it averages 60% of the current journeyworker rate or skilled wage rate. The apprentice contract shall provide for a graduated scale progressing in periods as a…

DWD 295.06 Effect of bargaining agreements. (1) Where conditions of employment of apprentices are stipulated by collective bargaining agreement, the department will be guided by the terms of such agreement provided such terms are not in conflict with state statutes or this chapte…

DWD 295.07 Apprentice contract. (1) All apprentice contracts shall be made upon the forms provided by the department. (2) No apprentice contract shall be considered in force unless it has had the approval of the department. (3) The apprentice contract shall contain, explicitly or…

DWD 295.10 Family-owned construction business. (1) In this section, Xfamily-owned construction businessY means a construction business which is owned or a majority of whose stock is owned by one person or jointly by 2 persons who are related by blood or marriage. (2) An owner of …

DWD 295.15 Criteria for apprenticeable occupations. (1) DUTIES OF THE DEPARTMENT. (a) No apprentice contract or program may be approved pursuant to ch. 106, Stats., unless the occupation involved has been approved by the department as one suitable as an apprenticeable occupation …

DWD 295.20 Enforcement of indenture agreements. (1) COMPLAINTS. The department may accept complaints arising under an apprentice contract which cannot be adjusted locally alleging that an apprentice contract entered into under ch. 106, Stats., is not being complied with by anothe…

DWD 295.21 Deregistration of a registered program. (1) TYPES OF DEREGISTRATION. Deregistration of a program may be effected upon the voluntary action of the sponsor by submitting a request for cancellation of the registration in accordance with sub. (2), or upon reasonable cause,…

DWD 295.22 Reinstatement of program registration. Any apprenticeship program deregistered under s. DWD 295.21 may be reinstated by the department upon presentation to the department of adequate evidence that the apprenticeship program is operating in accordance with this chapter.

DWD 295.23 Hearings for deregistration. (1) Within 10 days of receipt of a request for a hearing, the department shall designate a hearing officer to preside over the hearing. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requ…

DWD 295.25 Apprenticeship completion award program. (1) DEFINITIONS. In this section: (a) XSponsorY has the meaning given under s. 106.001 (8), Stats. XSponsorY does not include a state agency or local governmental unit. (b) XTuition costsY has the meaning given under s. 106.05 (…

DWD 296.01 Applicability. This chapter applies to all sponsors of registered apprenticeship programs under ch. 106, Stats.

DWD 296.02 Definitions. In this chapter: (1) XADAY means the Americans with Disabilities Act, as amended. (2) XAffirmative action planY means a written tool designed to assist a sponsor in detecting, diagnosing, and correcting any barriers to equal opportunity that may exist in t…

DWD 296.03 Equal opportunity standards applicable to all sponsors. (1) DISCRIMINATION PROHIBITED. A sponsor of a registered apprenticeship program shall not discriminate against an apprentice or applicant for apprenticeship on the basis of race, color, religion, national origin, …

DWD 296.04 Affirmative action program. (1) ADOPTION OF AN AFFIRMATIVE ACTION PROGRAM. (a) A sponsor of a registered apprenticeship program shall develop and maintain an affirmative action program in a written plan, unless any of the following apply: 1. A sponsor provides satisfac…

DWD 296.05 Utilization analysis for race, sex, and ethnicity. (1) UTILIZATION ANALYSIS. A utilization analysis provides sponsors with a method for assessing whether possible barriers to apprenticeship exist for particular groups of individuals by determining whether the race, sex…

DWD 296.06 Establishment of utilization goals for race, sex, and ethnicity. (1) A sponsor required to establish a utilization goal under s. DWD 296.05 for a particular sex, racial group, or ethnic group in a major occupation in its registered apprenticeship program, working with …

DWD 296.07 Utilization goals for individuals with disabilities. (1) UTILIZATION GOAL. The department has established a utilization goal of 7 percent for employment of qualified individuals with disabilities as apprentices for each major occupation group within each sponsor[s regi…

DWD 296.08 Targeted outreach, recruitment, and retention. (1) MINIMUM ACTIVITIES REQUIRED. A sponsor that has found underutilization and established a utilization goal for a specific group under s. DWD 296.06 or 296.07 shall undertake targeted outreach, recruitment, and retention…

DWD 296.09 Review of personnel processes. (1) ANNUAL REVIEW. A sponsor shall engage in an annual review of its personnel processes to ensure that the sponsor is operating a registered apprenticeship program free from discrimination based on race, color, religion, national origin,…

DWD 296.10 Selection of apprentices. (1) A sponsor[s procedures for the selection of apprentices shall be included in the written plan for standards of apprenticeship submitted to and approved by the department under s. DWD 295.02. (2) A sponsor may utilize any method, or combina…

DWD 296.11 Invitation to self-identify as an individual with a disability. (1) PRE-OFFER INVITATION. A sponsor adopting an affirmative action program under s. DWD 296.04 shall invite applicants for apprenticeship to inform the sponsor whether the applicant believes he or she is a…

DWD 296.12 Recordkeeping. (1) OBLIGATIONS OF A sponsor shall collect data and maintain adequate records necessary for the department to determine if a sponsor is complying with the requirements of this chapter. At a minimum, records shall include all of the following: (a) Selecti…

DWD 296.13 Equal employment opportunity compliance review. (1) DEPARTMENT REVIEW. The department shall conduct EEO compliance reviews to determine if a sponsor is in compliance with this chapter regularly, or when circumstances warrant a review. (2) CONDUCT OF COMPLIANCE REVIEWS.…