Wisconsin Administrative Code

DWD 60.10 Operating the business enterprise. (1) OPERATOR BEHAVIOR. (a) General. The operator shall: 1. Perform faithfully and to the best of his or her ability all duties necessary to the proper conduct and operation of the business enterprise; 2. Operate the business in complia…

DWD 60.11 Set-aside funds. (1) REQUIREMENT. The department shall collect, maintain and administer funds from the net proceeds of the operation of each business enterprise, including vendor-owned enterprises, in accordance with provisions of this section. (2) AMOUNT. (a) Funds tha…

DWD 60.13 Other reasons for suspending or terminating a license or transferring an operator to a lessdemanding business. (1) SUSPENSION. An operator’s license may be suspended by the department for an indefinite period in the event of extended illness or incapacity when there is …

DWD 60.14 Operator’s agreement. (1) The form for the agreement between the department and an operator shall be as found on the department’s website. Note: The form for the operator’s agreement may be accessed online at https://dwd.wisconsin.gov/dvr/programs/bep/default.htm. The f…

DWD 65.01 Authority and purpose. Section 47.02, Stats., requires the department to implement an order of selection when there are insufficient resources to serve all eligible individuals who apply for vocational rehabilitation services. An order of selection shall provide service…

DWD 65.02 Applicability. This chapter applies to the department and to consumers who have applied for vocational rehabilitation services, but do not have an approved IPE. This chapter does not apply to consumers currently receiving services under an approved IPE. History: Cr. Reg…

DWD 65.03 Definitions. In this chapter: (3) XCategoryY means the classification assigned to eligible individuals based on an assessment in each of the seven functional areas if an order of selection is imposed. Eligible individuals are assessed according to the significance of th…

DWD 65.04 Imposing an order of selection. (1) DEThe department shall determine prior to the beginning of every federal fiscal year, if adequate resources are available to provide all needed vocational rehabilitation services to all eligible consumers. The department shall consult…

DWD 65.06 Prohibited practices. The department shall determine the relative position of an individual in the order of selection without regard to duration of residency, type of disability, age, sex, race, color, creed, national origin, source of referral, expected employment outc…

DWD 65.07 Determining the order of selection. (1) EVALUATION PROCESS. A vocational rehabilitation counselor shall evaluate each consumer[s case record using the functional assessment rating to determine the appropriate category for the consumer in an order of selection. (3) WAITL…

DWD 65.08 Notice to affected consumers. The department shall provide written notification to all consumers who may not receive services due to an order of selection. The notice shall include all of the following: (1) The reason for the decision to impose, continue, or terminate a…

DWD 65.09 Request for review of category placement. A consumer may request a review of their category placement within an order of selection when new information not previously considered during the evaluation process under s. DWD 65.07 (1) is available upon request by the consum…

DWD 65.10 Review initiated by department. The department shall contact each consumer in a category that will not receive services due to the imposition or continuation of an order of selection on an annual basis to determine if the consumer would like to continue to maintain cate…

DWD 65.11 Appeal of assigned position under an order of selection. A consumer may appeal their category placement by submitting a request for a hearing to the department within 180 days of the date of the notice provided under s. DWD 65.08. Appeals are heard by impartial hearing …

DWD 68.01 Introduction. Pursuant to s. 47.02 (7), Stats., the purpose of this chapter is to ensure that the confidentiality of consumer records is maintained by the division and to allow access by a consumer to the consumer[s case record. History: Cr. Register, June, 1976, No. 24…

DWD 68.02 Definitions. In this chapter: (1) XCase recordY or XrecordY means information, whether written or not, relating to a consumer, received or acquired in connection with the performance of a vocational rehabilitation function. (3) XConsumerY means a person who has been ref…

DWD 68.03 Applicability. The provisions of this chapter

DWD 68.04 Administration of this chapter. (1) No person, agency, or organization may disclose, directly or indirectly, any information concerning a consumer except in the administration of the vocational rehabilitation program, or as authorized in this chapter, or with the inform…

DWD 68.05 Informed consent of consumers. An informed consent for disclosure of information to an individual, agency, or organization other than the consumer or a designated representative must be in writing and must contain all of the following: (1) The name of the person or orga…

DWD 68.06 Notation of release of information. Each time information about a consumer is released pursuant to the consumer[s informed consent under s. DWD 68.05, a notation must be made in the consumer[s record that includes all of the following: (1) The name of the person or orga…

DWD 68.08 Notification of rights and responsibilities. (1) The division shall ensure that a person, including an employee, who has access to information about consumers, including consumer case records, is aware of the person[s responsibilities to maintain the confidentiality of …

DWD 68.09 Non-consumer requests. A request for information from a case record, by an individual or organization that is neither a consumer nor included in s. DWD 68.02 (5), must be in writing and must specify the particular information wanted. History: Cr. Register, June, 1976, N…

DWD 68.11 Notice not to re-release. Information released from a case record to an agency, organization, or individual that is not the consumer must be accompanied by a written notice that it shall not release the information to any other individual, agency, or organization withou…

DWD 68.12 Release of records for an audit, evaluation, or research. Information from a case record may be released without the consent of the consumer to an organization or individual engaged in an audit, evaluation, or research only for purposes connected with the administration…

DWD 68.13 Release of records to employers. Relevant information from a consumer[s case record may be released to a potential employer without consent of the consumer in order to ascertain the possibilities of a job placement for the consumer 2 if no consumer identifying informati…

DWD 68.14 Release of records to consumers. (1e) A case record is the property of the department of workforce development and may be released to clients as provided in this section. (1m) Except as provided in sub. (2), upon request of a consumer, information in the consumer[s case…

DWD 68.15 Record amendments and additions. A consumer who believes that information in the consumer[s case record is inaccurate or misleading may request that the division amend the information. A letter, memorandum, or document submitted by a consumer for the purpose of correcti…

DWD 68.17 Penalties. A person who violates this chapter shall, pursuant to s. 47.02 (7), Stats., be fined not exceeding $500 or imprisoned not exceeding 6 months or both. History: Cr. Register, June, 1976, No. 246, eff. 7-1-76; renum. from DVR 1.17, Register, April, 1982, No. 316…

DWD 75.01 Authority and purpose. This chapter is promulgated under the authority of ss. 47.02 (5) and 103.005 (1), Stats., and in conformity with requirements under 29 USC 722 (c), and 34 CFR 361.57, to develop and implement procedures for an applicant or eligible individual appe…

DWD 75.02 Applicability. This chapter applies to the department, applicants, eligible individuals, and representatives of applicants or eligible individuals. An applicant or eligible individual who is dissatisfied with a determination of ineligibility or any determination made by…

DWD 75.03 Definitions. In this chapter: (1) XActY means the federal rehabilitation act of 1973, as amended, 29 USC 701 et seq. (2) XAdministratorY means the administrator of the division. (2m) XAdministrator[s representativeY means an employee of the department designated by the …

DWD 75.04 Right to a hearing. An applicant or eligible individual may appeal a determination of ineligibility or the determination affecting the provision of services including a decision relating to an order of selection for services, whenever vocational rehabilitation services …

DWD 75.05 Filing a hearing request. (1) TIME LIMITS. The time limit for filing a hearing request shall be within 180 days after the date of written notice of a determination of ineligibility or a determination affecting the provision of services. Failure to file a hearing request…

DWD 75.06 Acknowledgment of a hearing request. The hearing coordinator shall acknowledge receipt of a hearing request in writing and notify the parties within 5 working days after receiving the request. If a representative has been designated, the hearing coordinator shall notify…

DWD 75.07 Time limit for hearing. A hearing shall be held within 60 calendar days of the receipt of the hearing request by the hearing coordinator unless the parties agree to a specific extension of time. History: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: am.

DWD 75.08 Motions relative to a hearing. Motions shall be in writing and may be filed at any time prior to a scheduled hearing. A motion shall state the grounds of the motion and the relief or order requested. Briefs, affidavits, documentary evidence and other papers in support o…

DWD 75.09 Identification of a representative. (1) ADMINISTRATOR[S REPRESENTATIVE. An administrator[s representative shall be designated for each hearing. (2) REPRESENTATIVE OF APPLICANT OR ELIGIBLE INDIVIDUAL. An applicant or eligible individual may designate a representative for…

DWD 75.10 Filing documents. (1) DOCUMENTS FILED WITH REPRESENTATIVE. If the applicant or eligible individual has designated a representative in writing, all correspondence and other documents related to the hearing shall be sent by mail or electronic mail to the representative of…

DWD 75.11 Services while a hearing officer[s decision is pending. Pending the decision of a hearing officer, the department may not suspend, reduce, or terminate vocational rehabilitation services including evaluation and assessment services and IPE development unless any of the …

DWD 75.12 Hearing officer qualifications. A hearing officer shall be impartial and have knowledge of the delivery of vocational rehabilitation services, the requirements of the state plan for services under the act, federal regulations and state regulations and policy governing t…

DWD 75.13 Authority of the hearing officer. (1) The hearing officer shall conduct a prehearing conference with the parties as specified under s. DWD 75.14. The hearing officer may receive and act on motions under s. DWD 75.08, use the power of subpoena under s. 885.01, Stats., an…

DWD 75.14 Prehearing conference. (1) PURPOSE. The hearing officer shall ask the parties to participate in a prehearing conference to do one or more of the following: (a) Formulate a statement of the issue or issues presented by an appeal. (b) Identify potential witnesses and rece…

DWD 75.16 Hearing procedures. (1) HEARING IS CLOSED. A hearing shall be closed to the public as a confidential matter unless the applicant, eligible individual, or their representative files a motion to open the hearing within 5 working days in advance of the scheduled hearing. (…

DWD 75.17 Decision of the hearing officer. The hearing officer shall issue a written decision within 10 calendar days of a written motion under s. DWD 75.08 and within 30 calendar days of a hearing. The hearing officer shall provide a report of the hearing including the findings …

DWD 75.18 Hearing officer[s report. The hearing officer shall forward the recording of the hearing, a written summary of the hearing and any other items specified by contract to the hearing coordinator. The hearing coordinator shall ensure that all required materials have been re…

DWD 75.19 Review of hearing officer[s decision. (1) NOTICE OF INTENT TO REVIEW. The department, or the applicant or eligible individual, may initiate a review of the hearing officer[s decision issued under s. DWD 75.17. If the department decides to initiate a review of the hearin…

DWD 80.01 Definitions. (1) “Act,” “compensation act” or “worker’s compensation act” means ch. 102, Stats. (2) “Department” means the department of workforce development. (3) “Commission” means the labor and industry review commission. History: 1-2-56; am. Register, April, 1975, N…

DWD 80.02 Reports. (1) EMPLOYERS. An employer covered by the provisions of ch. 102, Stats., shall, within one day after the death of an employee due to a compensable injury, report the death to the department and the employer’s insurance carrier by telegraph, telephone, letter, f…

DWD 80.025 Inspection and copying of records. (1) The policy of the state on public access to records is set forth in ss. 19.31 to 19.37, Stats. The policy of the department is to provide, to the greatest extent possible, ready and open access to public records. In the worker’s c…

DWD 80.03 Compromise. (1) Whenever an employer and an employee enter into a compromise agreement concerning the employer’s liability under ch. 102, Stats., for a particular injury to that employee, the following conditions shall be fulfilled: (a) The compromise agreement shall be…