Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Act" means the federal rehabilitation act of 1973, as amended,
				29 USC
				701 et seq.
(2) "Administrator" means the administrator
				of the division.
(2m)
				"Administrator's representative" means an employee of the department designated
				by the administrator to represent the department at each hearing.
(3) "Appeal" means a request for relief filed
				with the division by the applicant or eligible individual based on the
				determination of ineligibility or the determination affecting the provision of
				services issued by the division.
(3m) "Contract administrator" means an
				employee of the department responsible for administering the contracts with the
				hearing officer.
(5) "Department"
				means the Wisconsin department of workforce development.
(5r) "Determination of ineligibility" means a
				determination issued by the department to an individual who applies for
				vocational rehabilitation services and is determined not to be eligible for the
				services; or a decision issued by the department to an eligible individual
				receiving services under an IPE and is determined to no longer be eligible for
				services.
(6) "Division" means the
				department's division of vocational rehabilitation.
(7) "File" or "filed" means the physical
				receipt of a document by the person designated in this chapter.
(8) "Hearing" means a formal review by an
				impartial hearing officer of the determination of ineligibility or the
				determination affecting the provision of services issued by the
				division.
(9) "Hearing coordinator"
				means an employee of the department within the division who maintains the
				records of hearings, contacts hearing officers to schedule hearings and ensures
				that time requirements for the completion and reporting of hearings are
				observed.
(10) "Hearing request"
				means a written request for a hearing signed by an applicant or eligible
				individual to appeal a determination of ineligibility or the determination
				affecting the provision of services.
(11) "Intent to review" means the department
				will review the decision of a hearing officer to determine if the decision will
				stand or be modified.
(12) "IPE"
				means individualized plan for employment.
(13) "Order of selection" means the order of
				priority for service, by category, required by
				29
				USC 721(a) (5) (A) to ensure
				that consumers with the most severe functional limitations who need multiple
				services over an extended period of time or consumers who require specific
				services or equipment to maintain employment are served before consumers who
				have less severe functional limitations or do not require multiple services
				over an extended period of time.
(14) "Party" means an applicant, eligible
				individual, or their representative or the administrator's
				representative.
(15) "Prehearing
				conference" means a joint face-to-face meeting, a telephone conference,
				separate meetings or separate telephone calls by the hearing officer with the
				parties prior to the hearing to formulate a statement of the issues presented
				by an appeal, identify potential witnesses, establish a schedule for discovery
				and deadlines for exchange of witness lists and exhibits, receive motions and
				clarify any remaining issues to be considered or excluded from a
				hearing.
(16) "Representative"
				means a parent, guardian, other family member or advocate designated in writing
				by the applicant or eligible individual, or a representative of the applicant
				or eligible individual appointed by a court.
(16m) "Secretary" means the secretary of the
				department.
(17) "Wisconsin client
				assistance program" means a service program established by the governor under
				34 CFR 370.2(a) to
				(d).