reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.351 - Customer liability; open-end credit

Current through June 24, 2024
In order to obligate a person for an obligation arising out
				  of an open-end credit plan, the merchant must pursuant to s.
				  422.305,
				  Stats., obtain the signature of that person on the writing evidencing the
				  consumer credit transaction. Compliance with this rule requires that the
				  customer to be held contractually liable sign one of the following:
(1) An open-end credit agreement setting
				forth all of the terms of the open-end credit plan including the credit
				disclosures required by s.
				422.301,
				Stats.,
(2) A credit application
				which expressly states that each person signing the application will be
				obligated according to the terms of the open-end credit agreement referred to
				in sub. (1), provided the creditor mails or delivers to each customer who signs
				the application a copy of the open-end credit agreement before that customer
				makes any charges on the account, or
(3) A transaction receipt which expressly
				states that each person signing the receipt will be obligated according to the
				terms of the open-end credit agreement referred to in sub. (1), provided the
				creditor has mailed or delivered a copy of the open-end credit agreement to
				that customer before that customer makes any charges on the account.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.352 - Receipts; accounting; evidence of payment; release of any security interest

Current through June 24, 2024
The creditor may satisfy an obligation to release any
				  security interest under s.
				  422.306(4),
				  Stats., by either 1) recording the necessary instrument and forwarding the same
				  to the customer or designee by mail or by return on the instrument or 2) by
				  delivering the necessary instrument fully completed and executed to the
				  customer's designee, but in no instance to the customer, for recording. The
				  recording or filing fee may be treated as an official fee within the meaning of
				  s.
				  421.301(26),
				  Stats. Where the transaction is secured by a lien on a motor vehicle and the
				  title is not in the possession of the creditor, the creditor may satisfy the
				  requirements of this subsection by mailing a completed release of lien to the
				  customer together with an envelope addressed to the department of motor
				  vehicles, bureau of vehicle registration, postage prepaid, and a letter of
				  instruction advising the customer to forward the release and title to the
				  department to obtain release of the secured party's interest.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.353 - Refund anticipation loan; before the customer enters into a refund anticipation loan

Current through June 24, 2024
"Before the customer enters into a refund anticipation loan"
				  as used in s.
				  422.310(1)
				  (intro.), Stats., means prior to the customer being asked to sign an
				  application containing a loan agreement or a loan agreement where there is no
				  application for a refund anticipation loan.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.354 - Refund anticipation loan; reasonable length of time to expect refund

Current through June 24, 2024
The anticipated length of time called for in s.
				  422.310(1)
				  (f), Stats., in which the customer can
				  reasonably expect to receive a tax refund shall be no more than 14
				  days.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.355 - Refund anticipation loan; estimated annual percentage rate

Current through June 24, 2024
(1) For the purpose
				of s.
				422.310(1)
				(h), Stats., the requirement to disclose the
				estimated annual percentage rate shall be fulfilled by doing one of the
				following:
(a) Calculating the rate pursuant
				to
				12 CFR 226.17(c)
				(2) for the anticipated amount of the refund
				and the length of time within which it can reasonably be expected the tax
				refund will be received as a result of an electronically filed tax return as
				determined under s. DFI-WCA 1.354.
(b) Distributing a chart titled
				"representative range of loan amounts" with headings for: total loan amount,
				amount financed, finance charge, estimated payment period, and annual
				percentage rate. The representative loan amounts shall be in $300 increments
				starting with $300 and ending with $3,000 and represent the anticipated refund
				amount.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.356 - Refund anticipation loan; charges or fees for electronically filing an income tax return

Current through June 24, 2024
For the purposes of s.
				  422.310(1) (b) and
				  (2), Stats., charges or fees assessed by a
				  creditor, including a loan arranger, for checking tax return information, data
				  entry of the tax return information, and costs of transmitting the tax return
				  by computer modem are included in the charges and fees for electronically
				  filing an income tax return.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.36 - Receipts; accounting; evidence of payment; customer inquiries

Current through June 24, 2024
Should a customer or an authorized representative question in
				  writing any bill or statement of a merchant, or of an assignee where notice of
				  assignment pursuant to s.
				  422.409,
				  Stats., has been given, such merchant or assignee shall in accordance with s.
				  422.306,
				  Stats., respond specifically to the issue or dispute raised by the customer
				  within 30 days of receipt of such inquiry, or, in the case of transactions
				  evidenced by open-end credit plans not later than 2 complete billing cycles (in
				  no event more than 90 days) from receipt of such inquiry. Inquiries made on an
				  instrument of payment of [or] the returnable portion of the billing statement
				  need not be acknowledged if the creditor conspicuously discloses this
				  requirement on the statement or other disclosure to customers regarding the
				  correction of billing errors. A reasonably disputed debt under s.
				  427.104(1)
				  (f), Stats., shall include an indebtedness
				  questioned under this rule from the date of notice to the merchant to the date
				  the merchant's response is made.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.361 - Assignment of earnings prohibited; revocation

Current through June 24, 2024
In any case where a merchant takes an assignment of earnings
				  subject to s.
				  422.404,
				  Stats., for payment or as security for payment of an obligation the assignment
				  shall contain on its face a statement in substantially the following language:
				  "THE CUSTOMER MAY TERMINATE THIS ASSIGNMENT AT ANY TIME WITHOUT
				  PENALTY."
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.37 - Notice of assignment; joint obligor customers

Current through June 24, 2024
Where a consumer credit transaction involves joint obligor
				  customers, one copy of a Notice of Assignment as described in s.
				  422.409,
				  Stats., may be forwarded to all such customers who reside at the same last
				  known address at the time the notice is given, if addressed to all such joint
				  obligor customers. In all other cases a separate notice must be sent to each
				  joint obligor customer. The same procedure shall be observed with respect to
				  giving the following notices under the act: Notice of unilateral deferral, s.
				  422.204(8),
				  Stats.; Notice of non-performance, s.
				  422.207(1),
				  Stats.; Notice of right to cancel, s.
				  423.203,
				  Stats.; Notice to cancel property insurance, s.
				  424.303(1),
				  Stats.; Notice of right to cure default, s.
				  425.104(1),
				  Stats.; the distribution of open-end credit agreements to potential customers
				  pursuant to s. DFI-WCA 1.351.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.371 - Notice of assignment; address of customer

Current through June 24, 2024
The notification of assignment under s.
				  422.409,
				  Stats., shall be addressed to the last address furnished by any customer to the
				  assignor if such address is different from the address contained in the
				  contract. The same procedure shall be observed with respect to giving the
				  following notices under the act: Notice of unilateral deferral, s.
				  422.204(8),
				  Stats.; Notice of nonperformance, s.
				  422.207(1),
				  Stats.; Notice of right to cancel, s.
				  423.203,
				  Stats.; Notice to cancel property insurance, s.
				  424.303(1),
				  Stats.; Notice of right to cure default, s.
				  425.104(1),
				  Stats.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.38 - Restriction on liability in consumer lease

Current through June 24, 2024
A reasonable charge for excess mileage in the case of a motor
				  vehicle lease as established by reasonable standards of the industry as
				  observed in the relevant market area with respect to the mileage and the rate
				  per mile shall be considered a charge for damages to the leased property within
				  the meaning of s.
				  422.412,
				  Stats., provided that the mileage allowance and the charge per excess mile
				  shall be conspicuously stated in the original lease
				  agreement.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.391 - Restrictions on security interest; proceeds

Current through June 24, 2024
A security interest with respect to a consumer credit sale as
				  described in s.
				  422.417(1),
				  Stats., may include repair or replacement parts in the property sold as well as
				  proceeds of the property subject to s.
				  409.306,
				  Stats., regarding proceeds.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.392 - Waivers prohibited; dwelling

Current through June 24, 2024
For the purposes of s.
				  422.419(1)
				  (a), Stats., the term "dwelling" shall
				  include, any garage, shed, barn or other building on the premises whether
				  attached or unattached.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.44 - Consumer approval transaction; duty of customer

Current through June 24, 2024
In any case where a customer gives notice of cancellation and
				  the merchant fails to perform the merchant's obligation pursuant to s.
				  423.204,
				  Stats., the duty of the customer under s.
				  423.205, Stats.,
				  to take reasonable care of the goods in the customer's possession shall cease
				  40 days after notice of cancellation is given.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.61 - Cure of default; commencing legal action

Current through June 24, 2024
The phrase "commence any action" as used in s.
				  425.105(1),
				  Stats., refers only to the commencement of legal proceedings in a court of
				  law.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.62 - Cure of default; date of notice and tender

Current through June 24, 2024
For the purposes of s.
				  425.105(2),
				  Stats., notice of the customer's right to cure a default is deemed given on the
				  date of mailing and the date of tender of performance shall be the date of
				  mailing or personally delivering the amount of all unpaid instalments, deferral
				  and delinquency charges which are due and unpaid.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.63 - Exempt property; garnishee summons

Current through June 24, 2024
In order to assist each employer in determining and applying
				  the applicable wage exemption standard, in the case of any garnishment
				  involving a consumer credit transaction governed by s.
				  425.106, Stats.,
				  the garnishee summons should bear the legend "Consumer Credit Transaction
				  Garnishee Summons "placed opposite the identification of parties in the legend
				  and the last paragraph of the form set forth in s.
				  812.04(2),
				  Stats., should be modified to conform with the requirements of s.
				  425.106(1)
				  (a), Stats.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.64 - Exempt property; medical services

Current through June 24, 2024
For the purposes of s.
				  425.106, Stats.,
				  the term "medical services" shall include the cost of hospital
				  accommodations.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.65

Current through June 24, 2024
Section
					 425.106(1)
					 (a) was repealed and recreated by 1993 Wis.
					 Act 80. There is no sub. (1) (a) 2.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.655

Current through June 24, 2024
Section
					 425.106(1)
					 (a) was repealed and recreated by 1993 Wis.
					 Act 80. There is no sub. (1) (a) 1. and 2.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.66 - Body attachments

Current through June 24, 2024
The term "warrant" as used in s.
				  425.113, Stats.,
				  refers to warrants issued pursuant to s.
				  816.05,
				  Stats., and does not limit or effect the power of a court to issue an order or
				  attachment pursuant to s.
				  816.03,
				  Stats., where a person has failed to appear at a supplemental
				  examination.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.67 - Voluntary surrender of collateral

Current through June 24, 2024
Pursuant to s.
				  425.204,
				  Stats., a creditor may notify a customer of his or her right to voluntarily
				  surrender the collateral. Such a notice will not be considered a request or
				  demand pursuant to s.
				  425.204(3),
				  Stats.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.68 - Nonjudicial enforcement limited; surrender of collateral

Current through June 24, 2024
Where a merchant requests or demands the return of
				  collateral, after providing the customer with notice of default and opportunity
				  to cure as required by s.
				  425.105, Stats.,
				  a release of the collateral by the customer is not a surrender under ss.
				  425.204(3),
				  and
				  425.206(1)
				  (a), Stats., if the merchant;
1) fails to provide a notice to the customer
				which clearly informs the customer of the right to a hearing on the issue of
				default before any repossession, unless the merchant perfects its right to take
				possession under s.
				425.206(1)
				(d), Stats.;
2) misrepresents any material fact or state
				of the law to the customer; or
3)
				violates any provision of ch. 427, Stats. The notice contained in s.
				425.105(1),
				Stats., is not required if the collateral has been abandoned by the
				customer.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.69 - Restrictions on deficiency judgments; amount owing

Current through June 24, 2024
The phrase "amount owing at the time of default" as used in
				  s.
				  425.209,
				  Stats., shall mean the unpaid balance of the account excluding any unearned
				  finance or additional charges but including any unpaid deferral or deficiency
				  charges.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.70 - Restrictions on deficiency judgments; repossession

Current through June 24, 2024
For purposes of s.
				  425.209,
				  Stats., the term "repossession" shall include action to recover collateral
				  pursuant to s.
				  425.205,
				  Stats., and possession of the collateral as a result of a surrender of the
				  collateral as described in ss.
				  425.204(3)
				  and
				  425.206(1)
				  (a), Stats., where such surrender is not a
				  voluntary surrender.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.71 - Restrictions on deficiency judgments; renouncing rights in collateral

Current through June 24, 2024
Prior to obtaining the statement of a customer renouncing
				  rights in the collateral pursuant to s.
				  425.209(2),
				  Stats., the merchant shall notify the customer by written notice that by
				  signing the statement the customer waives all rights to recover any surplus
				  that may result from the sale of the collateral.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.80 - Investigatory powers; merchant's records

Current through June 24, 2024
Merchants shall maintain copies of records of all consumer
				  transactions subject to the act and all advertisements, printings, displays,
				  publications or distributions the terms of which relate to the extension of
				  consumer credit in order to permit an investigation pursuant to s.
				  426.106,
				  Stats., for a period not less than that during which a customer may bring an
				  action with respect to such transaction or advertisement as limited by s.
				  425.307,
				  Stats.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.81 - Powers of administrator; penalty

Current through June 24, 2024
The term "penalty" as used in s.
				  426.104(4)
				  (a), Stats., is limited to those statutory
				  penalties referred to in ss.
				  425.302(1)
				  (a),
				  425.303(1),
				  425.304(1),
				  425.305(1)
				  and
				  426.301,
				  Stats., and does not preclude a customer from obtaining judgment for actual
				  damages sustained.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.82 - Powers of administrator; submission for approval

Current through June 24, 2024
Acts, practices or procedures provided to the administrator
				  pursuant to s.
				  426.104(4)
				  (b), Stats., shall be submitted as
				  follows:
(1) The submission shall be
				typed or mechanically reproduced.
(2) The submission shall include an original
				and 3 copies submitted by personal delivery, registered mail or certified mail
				return receipt requested;
(3) The
				submission of a form to replace a previously submitted form shall denote all
				changes from the previously submitted form to be approved by underlining or
				setting forth in a conspicuous manner those changes on the submitted
				forms;
(4) The submitted form shall
				be accompanied by a cover letter explaining the purpose for the form and any
				changes from a previously submitted form to be approved.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.86 - Unsolicited credit cards; unconscionable conduct

Current through June 24, 2024
It is an unconscionable credit practice, pursuant to s.
				  426.108,
				  Stats., for any credit grantor to issue a credit card in the name of any person
				  under terms which purport to create the contractual liability of that person in
				  any manner inconsistent with s. DFI-WCA1.351 unless the person to be held
				  liable personally requested the creditor to issue the card and open the
				  account.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.87 - Sale of credit card numbers; unconscionable conduct

Current through June 24, 2024
It is an unconscionable credit practice, pursuant to s.
				  426.108,
				  Stats., for any person to sell the credit card account numbers of any other
				  person to another for any purpose.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.88 - Auto brokering

Current through June 24, 2024
Pursuant to s.
				  426.108,
				  Stats., it is an unconscionable credit practice for any person, who is not a
				  party or assignee of a party to the lease contract, installment sales agreement
				  or other security agreement, to assist in, cause, arrange or otherwise engage
				  in an actual or purported transfer or assignment of a motor vehicle, where such
				  transaction is not permitted under the terms of the lease contract, installment
				  sales agreement or other security agreement.
Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.90 - Registration fees

Current through June 24, 2024
The registration fee required to be paid pursuant to s.
				  426.202(1m),
				  Stats., shall be 0.006% of the year-end balance, as defined in s.
				  426.202(1m)
				  (a) 3, Stats., except the fee shall not be
				  less than $25 nor greater than $2,800.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 1 - Uniform Fees, Liability and Collections › Section DHS 1.01 - Authority and purpose

Current through June 24, 2024
This chapter is authorized by s.
				  227.11(2)
				  and interprets ss.
				  46.03(18)
				  and
				  46.10,
				  Stats., to establish a system for determining fees, liability, billing, and
				  collection practices for services.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 1 - Uniform Fees, Liability and Collections › Section DHS 1.02 - Definitions

Current through June 24, 2024
(1) "Administratively unfeasible" means the
				cost of collection would likely exceed the fee established for a
				service.
(2) "Client" means a
				person who has received services.
(3) "Collection period" means the period of
				time calculated for each unit of service, which begins on the day a service is
				provided and ends as provided in ss.
				893.87
				and
				893.40,
				Stats., when the liability has been paid in full, or as provided under any
				other applicable statute of limitations. The cause of action accrues the month
				the service is provided.
(4)
				"County department" means any of the following:
(a) A county department of social services
				under s.
				46.215,
				46.22, or
				46.23,
				Stats.
(b) A county department of
				community programs under s.
				51.42,
				Stats.
(c) A county department of
				developmental disabilities services under s.
				51.437,
				Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 1 - Uniform Fees, Liability and Collections › Section DHS 1.03 - Fees

Current through June 24, 2024
(1) The department shall establish fees for
				services provided. Fee schedules are updated annually each fall for use in the
				following calendar year. The maximum monthly payment schedule is calculated
				using the Consumer Price Index for the Midwest region, gross monthly income,
				and number of persons living in the family.
Note:
Information about fees for services may be
				  found at
https://www.dhs.wisconsin.gov/uniform-fee/index.htm
.
(2) Fees for services provided by the county
				department under s.
				51.42,
				Stats., shall be established and approved annually by a county board of
				supervisors.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 1 - Uniform Fees, Liability and Collections › Section DHS 1.04 - Liability

Current through June 24, 2024
(1) GENERAL. Unless otherwise provided by
				law, the following persons are liable for services provided to a client:
(a) A client who is not a minor.
(b) A spouse.
(c) A parent.
(d) A person that a court determines or
				orders to be liable or otherwise responsible for payment of services provided
				to a minor.
(e) Any other persons
				liable as provided under s.
				46.10,
				Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 1 - Uniform Fees, Liability and Collections › Section DHS 1.05 - Billing

Current through June 24, 2024
(1) GENERAL. Each month during the collection
				period, the department or county department shall, as applicable, issue a
				billing statement that indicates any outstanding liability to each of the
				following:
(a) A client who is not a
				minor.
(b) Each parent.
(c) Each authorized representative under sub.
				(3).
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 1 - Uniform Fees, Liability and Collections › Section DHS 1.06 - Collections

Current through June 24, 2024
(1) GENERAL. Subject to s.
				46.10(3)
				and (16), Stats., the department or county
				department shall collect payment from any liable person, in the amount
				established under s.
				DHS
				1.05(4).
(2) DELINQUENT ACCOUNT. A client's account is
				delinquent when all of the following have occurred:
(a) The amount established under s.
				DHS
				1.05(4) has not been received for 90
				consecutive days.
(b) The
				department or county department has notified all applicable liable persons
				under s.
				DHS
				1.04(1) at least 3 times using 30,
				60, and 90 day dunning letters or their equivalent of the missed payments and
				documented each notification attempt.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 1 - Uniform Fees, Liability and Collections › Section DHS 1.065 - Children's long-term support parental payment limits

Current through June 24, 2024
(1) AUTHORITY,
				PURPOSE AND SCOPE.
(a) This section
				establishes a parental payment limit for certain children's long-term support
				services identified in this subsection. These provisions apply to all county
				administrative agencies that administer the services to which this section
				applies.
(b) This section applies
				to children's services of a type that may be reimbursed under a waiver under
				the disabled children's long-term support program as defined in s.
				46.011 (1g),
				Stats., regardless of whether those services are actually reimbursed under that
				program, under the community integration program waivers under s.
				46.275,
				46.277 or
				46.278, Stats., or otherwise
				with federal, state or county funds.
(c) This section applies to services for
				children under the children's community options program under s.
				46.272,
				Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 1 - Uniform Fees, Liability and Collections › Section DHS 1.07 - Delegation

Current through June 24, 2024
(1) GENERAL. The department may delegate
				duties and responsibilities under this chapter, as provided in ss.
				46.03(18)
				(e) and
				46.10(16),
				Stats.
(2) PROCESS. A request for
				delegation under sub. (1) shall be submitted to the department. The department
				shall notify a county requesting any such delegation of its approval or denial,
				and specify any conditions of such delegation.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 2 - Recoupment of benefit overpayments › Section DHS 2.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under ss.
				  48.57(3m)
				  (h) and (3n) (h),
				  48.62(6),
				  48.975(4m),
				  49.847
				  and
				  227.11(2)
				  (a), Stats., to establish procedures for the
				  recovery of incorrectly paid benefits. This chapter interprets ss.
				  16.51(4),
				  48.57(3m)
				  and (3n),
				  48.62,
				  48.975,
				  49.77,
				  49.775,
				  49.847,
				  and
				  49.85,
				  Stats., and other statutes concerning benefits programs.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 2 - Recoupment of benefit overpayments › Section DHS 2.02 - Applicability

Current through June 24, 2024
This chapter does not apply to any of the following:
(1) Payments that are not allowed to be
				recouped under federal or state laws.
(2) Persons or entities with whom the
				department or a county has a contractual relationship where the contract
				specifies the terms of repayments.
This chapter applies to Department of Health Services and
					 Department of Children and Families programs until such time as each of the
					 departments can adopt separate rules.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 2 - Recoupment of benefit overpayments › Section DHS 2.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Administrative costs" means an entity's costs associated with administering
				the receipt of benefits paid on behalf of an eligible individual and for which
				a contract between the department a county, or an elected governing body of a
				federally recognized American Indian tribe and the entity exists specifying the
				payment of funds to administer the benefit payments on behalf of eligible
				individuals.
(2) "Department" means
				the department of health services.
Note: This chapter applies to Department of Health Services
				  and Department of Children and Families programs until such time as each of the
				  departments can adopt separate rules.
(3) "Benefits" means payments made under chs.
				48 and 49, Stats., or other benefit programs that provide financial assistance
				to individuals. Benefits include payments made to a person or entity authorized
				to receive benefits on behalf of an individual.
(4) "Eligible individual" means an individual
				for whom benefits are paid.
(5)
				"Incorrectly paid benefits" means benefits paid for an individual not eligible
				for any benefits during the period for which the payment was made or paid in an
				amount in excess of the amount that the individual was eligible to
				receive.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 2 - Recoupment of benefit overpayments › Section DHS 2.04 - Recovery of incorrectly paid benefits

Current through June 24, 2024
(1)
(a) Subject to applicable law, if the
				department, a county or an elected governing body of a federally recognized
				American Indian tribe finds that incorrectly paid benefits under chs. 48 or 49,
				Stats., have been made, the department, county or elected governing body may
				seek recovery from the eligible individual or from the person or entity
				authorized to receive benefits on behalf of the eligible individual or from
				both. The total amount recovered may not exceed the amount of the incorrectly
				paid benefits, and shall be offset by any amounts that are owed the eligible
				individual or the person or entity authorized to receive benefits on behalf of
				the eligible individual because of a previous underpayment of
				benefits.
(b) The recovery period
				for incorrectly paid benefits shall be limited to one year prior to the date
				that the overpayment is discovered.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 2 - Recoupment of benefit overpayments › Section DHS 2.05 - Waiver of recovery

Current through June 24, 2024
Recovery of incorrectly paid benefits may be waived when the
				  recovery of the overpayment is considered to be against equity or when it
				  causes undue hardship, or the recovery impedes efficient and effective
				  administration of programs due to the small amount involved or the age of the
				  account.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 2 - Recoupment of benefit overpayments › Section DHS 2.06 - Appeal rights

Current through June 24, 2024
(1) ADMINISTRATIVE REVIEW. An action taken
				under s.
				DHS 2.04(1)
				or (2) is subject to review under ch. 227,
				Stats., and ch. HA 3.
(2) REQUEST
				FOR HEARING ON RECOVERY ACTION.
(a) If an
				individual or entity chooses to contest a proposed recovery under s.
				DHS
				2.04, the individual or entity shall, within 45
				calendar days after receipt of the notice of intent to recover, submit a
				written request for a hearing on the matter to the department of
				administration's division of hearings and appeals. The request shall briefly
				identify the basis for contesting the proposed recovery. The date of service of
				a recipient's request for a hearing shall be the date on which the department
				of administration's division of hearings and appeals receives the request. A
				request by facsimile is complete upon transmission. If the request is filed by
				facsimile transmission and such transmission is completed between 5 P.M. and
				midnight, one day shall be added to the prescribed period. If the hearing
				request is filed prior to the effective date of the proposed recovery, the
				Division shall order the action be stayed and benefits unchanged pending the
				hearing decision.
Note: A hearing request should be addressed to the Division
				  of Hearings and Appeals, P. O. Box 7875, Madison, WI 53707. Hearing requests
				  may be delivered in person to that office at 5005 University Avenue, Room 201,
				  Madison, WI. Hearing requests may be faxed to 608-264-9885.
(b) If a timely request for hearing is not
				received, the amounts as specified under s.
				DHS 2.04(1)
				or (2) may be recovered.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 5 - Personnel Administration In Local Human Services Agencies › Section DHS 5.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to ensure fair and efficient
				  personnel administration of local aging, mental health, alcohol and other drug
				  abuse, developmental disabilities, public health, income maintenance and social
				  services positions supported by federal funds which require that personnel
				  standards on a merit basis be established and maintained. The department of
				  health services, pursuant to ss.
				  46.016,
				  49.78(4) and
				  (7),
				  51.42(7)
				  (b),
				  51.437(16)
				  and
				  227.11(2),
				  Stats., shall ensure the continued receipt of those federal funds by providing
				  direct merit personnel services to local employees or assigning that
				  responsibility to local employers.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 5 - Personnel Administration In Local Human Services Agencies › Section DHS 5.02 - Delegation of authority

Current through June 24, 2024
(1) OFFER AND ACCEPTANCE OF DELEGATION.
				Determination by the department of health services that the local employer has
				a staff capability to administer this chapter shall lead to an offer by the
				department of health services of delegation, and acceptance of that offer shall
				make the local employer responsible for the administration of this
				chapter.
(2) PERIODIC EVALUATION BY
				THE DEPARTMENT.
(a) The department of health
				services shall continue periodic evaluations of the performance of the local
				employer to ensure that this chapter is being administered fairly and
				efficiently.
(b) Any violations of
				merit principles discovered by the department of health services in its
				evaluation of the local employer's performance shall be reported to the
				employer for correction.
(c)
				Failure by the employer to correct violations identified by the department of
				health services may result in withdrawal of the delegation.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 5 - Personnel Administration In Local Human Services Agencies › Section DHS 5.03 - Recruitment, selection and appointment

Current through June 24, 2024
Recruitment, selection and appointment of applicants for
				  employment and advancement of employees shall be on the basis of their relative
				  ability, knowledge and skills.
(1)
				RECRUITMENT. Recruiting efforts shall ensure that interested and qualified
				applicants from outside the employing agency are considered for employment.
(a) Emphasis shall be placed on recruiting
				efforts to attract minorities, women and members of other groups substantially
				underrepresented in the work force to help ensure they are among the candidates
				from whom appointments are made.
(b) The recruiting program shall be designed
				to meet current and projected work force needs and shall be tailored to the
				number and type of positions to be filled and to labor market
				conditions.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 5 - Personnel Administration In Local Human Services Agencies › Section DHS 5.04 - Classification and compensation plan

Current through June 24, 2024
Equitable and adequate compensation shall be provided.
(1) CLASSIFICATION PLAN. The classification
				plan shall be maintained on a current basis. It shall include all job groupings
				with similar duties, responsibilities, training and experience requirements and
				other characteristics to which common job titles and compensation provisions
				may be applied. It shall be utilized for decision making on compensation,
				selection, employee development and other personnel program
				activities.
(2) COMPENSATION PLAN.
				The compensation plan shall assign pay rates or ranges to the different job
				groupings in the classification plan on a current basis and shall take into
				account the responsibility and difficulty of the work and the compensation
				needed to compete in the labor market.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 5 - Personnel Administration In Local Human Services Agencies › Section DHS 5.05 - Training and employee development

Current through June 24, 2024
(1) EMPLOYEE
				TRAINING. Employees shall be trained as needed to assure high quality
				performance.
(2) ORGANIZED TRAINING
				PROGRAMS. Organized training programs shall be established as needed for the
				purpose of enhancing the knowledge, proficiency, ability and skills of
				employees in order to keep them abreast of current developments in their
				occupational fields in order to assure high quality performance.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 5 - Personnel Administration In Local Human Services Agencies › Section DHS 5.065 - Performance evaluation

Current through June 24, 2024
Employees shall be evaluated periodically on a job related
				  basis by their supervisors to ascertain the adequacy of their job performance
				  in relation to agency performance standards.
(1) Performance evaluations determined
				through a joint review by supervisor and employee of job results achieved shall
				be the basis for personnel actions to recognize or to reward superior
				performance.
(2) Where performance
				deficiencies exist, a performance improvement plan shall be initiated by the
				supervisor and the employee.
(3)
				Procedures shall be established to provide for the transfer, demotion, or
				discharge of employees whose performance continues to be inadequate after
				reasonable efforts have been made to correct it.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 5 - Personnel Administration In Local Human Services Agencies › Section DHS 5.07 - Equal employment opportunity and appeals

Current through June 24, 2024
Fair treatment of applicants and employees in all aspects of
				  personnel administration shall be assured.
(1) EQUAL EMPLOYMENT OPPORTUNITY. Fair
				treatment and freedom from unlawful discrimination in personnel administration,
				as provided in subch. II of ch. 111, Stats., and relevant federal statutes
				including, but not limited to, the Equal Employment Opportunity Act of 1972 (42
				USC 2000e-2000e-17) , the Rehabilitation Act (29 USC 701-709) , the Age
				Discrimination in Employment Act (29 USC 621-634) and the Equal Pay Act
				(29
				USC 206) , shall be assured to all
				persons.
(2) AFFIRMATIVE ACTION. An
				affirmative action plan shall be developed to increase the utilization of
				women, minorities and individuals with disabilities previously underutilized
				and underrepresented by the identification of goals and establishment of
				timetables formulated to correct substantial disparities. The plan shall
				include all of the following:
(a) Provision
				for the collection and maintenance of data on applicants and employees by race,
				sex, ethnic group and disability status to determine the impact of the
				selection process on the composition of the work force.
(b) Periodic evaluation of results to assess
				the effectiveness of the plan in achieving both long term and interim goals on
				a timely basis.
(c) Prohibitions
				against unlawful discrimination.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 5 - Personnel Administration In Local Human Services Agencies › Section DHS 5.08 - Political activity

Current through June 24, 2024
(1) RESPONSIBILITY OF LOCAL GOVERNMENTS.
				Local employers shall inform their employees of their political rights and of
				prohibited practices under the Hatch Act (
				5 USC
				1501-
				1508 ).
(2) POLICIES CONCERNING POLITICAL ACTIVITY.
(a) Policies on political activity shall be
				adopted and enforced to ensure that all employees have the right to express
				their views as citizens, to pursue their legitimate involvement in the
				political system and to vote.
(b)
				Policies on political activity shall ensure that employees not engage in or be
				subject to coercion for political purposes or seek candidacy for public office
				in a partisan election.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 10 - Family Care › Subchapter I - General Provisions › Section DHS 10.11 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
					 46.281 (1n) (b)
					 1,
					 46.286 (4) to
					 (7),
					 46.287 (2) (a)
					 1 (intro.), 46.288, 50.02 (2) (d), and 227.11
					 (2) (a), Stats., to implement a program called family care that is designed to
					 help families arrange for appropriate long-term care services for older family
					 members and for adults with physical or developmental disabilities. The chapter
					 does all the following:
(1)
				  Establishes functional eligibility criteria for the family care
				  benefit.
(1m) Establishes financial
				  eligibility criteria, entitlement criteria and cost sharing requirements for
				  the family care benefit, including divestment of assets, treatment of trusts
				  and spousal impoverishment protections.
(2) Establishes the procedures for applying
				  for the family care benefit.
(3)
				  Establishes standards for the performance of aging and disability resource
				  centers.
(4) Establishes
				  certification standards and standards for performance by care management
				  organizations.
(5) Provides for the
				  protection of applicants for the family care benefit and enrollees in care
				  management organizations through appeal, grievance and fair hearing
				  procedures.
(6) Provides for the
				  recovery of correctly and incorrectly paid family care benefits.
(7) Establishes requirements for the
				  provision of information about the family care program to prospective residents
				  of long-term care facilities and for referrals to resource centers by long-term
				  care facilities.