reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Veterans Affairs › Chapter VA 17 - Military Funeral Honors Program › Section VA 17.04 - Military funeral honors at state veterans cemeteries

Current through June 24, 2024
Military funeral honors shall be provided at a cemetery
				operated by the department under s.
				45.51
				or
				45.61,
				Stats., unless a family directs the department not to perform any honors. The
				family shall be notified of the department's intent to provide military funeral
				honors when the burial arrangements are being made.
Wisconsin Administrative Code › Department of Veterans Affairs › Chapter VA 17 - Military Funeral Honors Program › Section VA 17.05 - Eligibility, reimbursement and training and certification for providing military funeral honors

Current through June 24, 2024
(1) ELIGIBILITY. In order to receive
			 reimbursement for providing military funeral honors, a veterans organization
			 shall do all of the following:
(a) Complete
			 and file with the department a Taxpayer Identification Number Verification
			 Form.
(b) Submit a request for
			 reimbursement on a form developed by the department, within 90 days of
			 providing military funeral honors.
Note:
Taxpayer identification number verification
				forms and stipend reimbursement forms may be obtained at no charge from the
				State of Wisconsin, Department of Veterans Affairs, PO Box 7843, Madison,
				Wisconsin 53707-7843 or by calling (877) 944-6667.
Wisconsin Administrative Code › Department of Veterans Affairs › Chapter VA 17 - Military Funeral Honors Program › Section VA 17.06 - Military funeral honors coin

Current through June 24, 2024
At the request of a veterans organization, the department may
				authorize a veterans organization to present a military funeral honors coin to
				the family in conjunction with the provision of military funeral honors under
				the following circumstances:
(1) A
			 veteran organization shall be scheduled or have satisfactorily completed the
			 funeral honors training and certification program approved by the
			 department.
(2) A veterans
			 organization shall agree to purchase the coins directly from the vendor
			 approved by the department or from the department.
Wisconsin Administrative Code › Department of Veterans Affairs › Chapter VA 18 - Educational Assistance Program › Section VA 18.01 - Definitions

Current through June 24, 2024
In this chapter, the following terms shall have the designated
				meanings:
(1) "Department" means the
			 department of veterans affairs.
(2)
			 "Home" means the Wisconsin Veterans Homes at King and Union Grove.
(3) "Stipend" means an educational assistance
			 payment made to an individual under s.
			 45.50(2m)
			 (f), Stats.
(4) "Veteran" means an individual as defined
			 in s.
			 45.01(12),
			 Stats.
Wisconsin Administrative Code › Department of Veterans Affairs › Chapter VA 18 - Educational Assistance Program › Section VA 18.02 - Eligibility, application procedure, stipend amount, and agreement

Current through June 24, 2024
(1) ELIGIBILITY.
			 An individual may apply to the department to receive a stipend. An applicant
			 shall be eligible to receive a stipend provided all of the following criteria
			 are met:
(a) The applicant has been accepted
			 into an accredited nursing program at an approved school in accordance with ch.
			 N 1 and, if the nursing program is longer than 2 years, the applicant has
			 earned sufficient credits in the nursing program so that the department may
			 reasonably conclude that the applicant will attain the credential necessary to
			 become employed by the department at a veterans home as a licensed practical
			 nurse or registered nurse within 2 years of receipt of an initial stipend
			 payment.
(c) If the applicant has
			 completed courses towards the required credentials at the time of application,
			 the applicant must be a student in good standing, as verified by the
			 school.
(d) The applicant agrees to
			 enter into a written agreement under sub. (4).
(e) The applicant is determined suitable to
			 be employed as a licensed practical nurse or registered nurse at a veterans
			 home.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.01 - Authority and purpose

Current through June 24, 2024
This chapter sets forth standards and guidelines for
				  administration by the department of a program of supervised business
				  enterprises operated by blind persons. The department establishes new business
				  enterprises and, as feasible, develops, expands and upgrades existing
				  enterprises which are not providing an adequate income to operators or not
				  providing a level of service meeting customer demand. The chapter is
				  promulgated pursuant to rule-making authority conferred by s.
				  227.11(2)
				  (a), Stats., and implements s.
				  47.03(4)
				  to (8), Stats., as well as the
				  Randolph-Sheppard Act, as amended,
				  20 USC
				  107.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.03 - Committee of operators

Current through June 24, 2024
(1) There shall be an elected committee of
				operators to actively participate with the department in the administration of
				the business enterprise program. The department shall call and conduct
				elections of committee members. Only operators may nominate candidates and only
				operators may vote for committee members. All operators shall be given the
				opportunity to vote for committee members.
(2) The committee shall have not less than 5
				members nor more than 9 members, all elected by the operators. Elections shall
				be held each year. Each member shall serve a term of 2 years, except that at
				the first election at least 2 members shall be elected for 1 year
				terms.
(3) The committee shall meet
				at least 4 times a year to carry out its responsibilities.
(4) The department shall communicate with the
				committee and receive communications from the committee on matters within the
				purview of the committee.
(5)
				Committee responsibilities shall include but are not limited to:
(a) Active participation with the department
				in its work of making major administrative decisions and policy and program
				development decisions affecting the overall administration of the business
				enterprise program;
(b) Receiving
				and transmitting grievances to the department at the request of blind licensees
				and serving as an advocate for these licensees in connection with their
				grievances;
(c) Active
				participation with the department in the development and administration of a
				system for transfer and promotion of operators;
(d) Active participation with the department
				in development of operator training and retraining programs;
(e) Sponsoring, with the assistance of the
				department, meetings and instructional conferences for operators within the
				state;
(f) Active participation
				with the department, on at least an annual basis, in establishing the amount of
				set-aside funds needed for the coming year and the subsequent charges to arrive
				at that amount. The department shall maintain adequate records to support the
				reasonableness of the charges for each purpose for which the funds are
				spent;
(g) Active participation
				with the department in updating and making other revisions in the format of the
				operator's agreement and in this chapter. (See appendix)
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.04 - Access by operators to program information

Current through June 24, 2024
(1) In accordance
				with the Randolph-Sheppard Act, each operator under this part shall be
				permitted access to all program and financial data relevant to the operation of
				the supervised business enterprise program, including quarterly and annual
				financial reports, provided that this disclosure does not violate applicable
				federal or state laws pertaining to the disclosure of confidential
				information.
(2) At the request of
				an operator, department staff shall arrange a convenient time to assist in the
				interpretation of such financial data.
(3) If the department cannot provide the
				requested information in a routine manner, the department may charge for the
				services involved in obtaining the requested data on an actual cost
				basis.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.05 - Grievances

Current through June 24, 2024
Grievances of operators, other licensees and applicants for
				  licenses under this chapter shall be processed in accordance with the following
				  procedure:
(1) Any operator or other
				affected party dissatisfied with any action or decision of the department may
				file a written grievance with the committee under s.
				DWD 60.03(5)
				(b).
(2) If the aggrieved party is dissatisfied
				with the outcome of the committee review, the aggrieved party or the committee
				may forward the written grievance to the division for administrative review by
				a staff member of the division. The division staff member shall arrange a
				mutually convenient time and place for the administrative review, and shall
				notify the grievant of the outcome of the review by certified mail within 10
				working days following the review.
(3) If the aggrieved party is dissatisfied
				with the outcome of the administrative review, the aggrieved party may, within
				30 working days after the date of the written notice of the outcome of the
				review, file a written request for a full evidentiary hearing before a panel
				appointed by the division administrator consisting of persons knowledgeable
				about rehabilitation of the blind but who are not staff members of the
				division. The panel shall make a recommendation to the division administrator
				who shall notify the grievant of his or her final decision by certified mail
				within 10 working days after receipt of the panel's recommendation.
(4) If the aggrieved party continues to be
				dissatisfied with the decision under sub. (3), the individual may, within 30
				working days after the date of the notification of the fair hearing outcome,
				file a complaint with the secretary of the U.S. department of education who
				will convene an ad hoc arbitration panel to make a final and binding decision
				on the parties. (See
				34 CFR
				395.13 )
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.06 - Licensees

Current through June 24, 2024
(1) ELIGIBILITY. The following are
				eligibility requirements for new licensees in the business enterprise program:
(a) The applicant shall be a citizen of the
				United States.
(b) The applicant
				shall be blind.
(c) The applicant
				shall have adequate training to operate the business enterprise efficiently and
				in accordance with this chapter, as evidenced by successful completion of a
				training program or equivalent experience, in either case as approved by the
				department. In offering training opportunities, preference shall be given by
				the department to persons who need employment.
(d) The applicant shall be otherwise capable
				of operating the business enterprise, as determined by the
				department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.07 - Selection of suitable locations

Current through June 24, 2024
(1) DETERMINATION.
(a) The department may establish a business
				at a particular location only if establishment of the enterprise at that
				location is likely to contribute to the development of significant economic
				opportunities for the blind and is likely to provide for the most productive
				use of program assets.
(b) The
				determination under par. (a) shall be made on the basis of an evaluation of
				relevant factors disclosed and recorded as the result of a survey of the
				location. Factors to be evaluated shall include population, traffic,
				competition, continued availability of the location, type of premises and
				potential return on investment.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.10 - Operating the business enterprise

Current through June 24, 2024
(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 compliance with
				all applicable provisions of federal, state, and local law;
3. Operate the business in accordance with
				this chapter and the permit or contract with the controlling body or
				organization of the building or property in which the business is located;
				and
4. Cooperate with duly
				authorized representatives of the department in the performance of their
				official responsibilities.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.11 - Set-aside funds

Current through June 24, 2024
(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 that the department requires be set
				aside shall be computed on the basis of a percentage of the individual
				operator's net proceeds for a given month. The department may each year
				reconsider and change that percentage to ensure that set-aside funds are
				sufficient for the uses made of these funds. Set-aside charges for vendor-owned
				enterprises shall be at a reduced rate to reflect vendor-owner responsibility
				for maintenance, repair and replacement of all business enterprise
				equipment.
(b) The department shall
				bill operators each month for the set-aside charge.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.12 - Corrective action

Current through June 24, 2024
(1) CONDUCT OR PERFORMANCE SHORTCOMINGS. If
				the operator fails to conduct the business enterprise in compliance with the
				operator's agreement or to maintain reasonable performance levels as
				demonstrated by comparison with prior periods of operation in the same location
				or other business enterprises of a similar type, the department shall review
				the evidence with the committee and solicit the committee's recommendations for
				corrective action.
(2) CORRECTIVE
				ACTION ALTERNATIVES. Corrective action alternatives available to the department
				include but are not limited to :
(a) Specific
				or additional management and supervision services;
(b) Suspension of the license for a period
				not to exceed 30 days;
(c) Demotion
				of the operator to a less-demanding business enterprise; and
(d) Termination of the license.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.13 - Other reasons for suspending or terminating a license or transferring an operator to a less-demanding business

Current through June 24, 2024
(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 reasonable
				expectation, based on medical evidence, that the operator will return to the
				business. The operator shall be reinstated when the period of incapacity has
				ended as certified by a physician.
(2) TERMINATION. An operator's license may be
				terminated by the department for any of the following reasons:
(a) Improvement of the operator's vision to
				the extent that the operator is no longer legally blind;
(b) Delivery to the department of a written
				request from the operator for cancellation of the license;
(c) Extended illness or incapacity of the
				operator preventing personal operation of the business enterprise, when there
				is no reasonable expectation, based on medical evidence, that the operator can
				return to work; or
(d) Death of the
				operator.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Section DWD 60.14 - Operator's agreement

Current through June 24, 2024
(1) The form for the agreement between the
				department and an operator shall be as found in ch. DWD 60 Appendix.
(2) The agreement between the department and
				an operator shall include, as attachments, the following exhibits specific to
				the business enterprise:
(a)
1. An inventory of the equipment which shall
				state the purchase price of each item, and
2. An inventory of the initial stock of
				merchandise and supplies which shall state the total purchase price of the
				initial stock;
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 60 - Supervised Business Enterprises Operated By Blind Persons › Appendix - Appendix

Current through June 24, 2024
DIVISION OF VOCATIONAL REHABILITATION STATE DEPARTMENT OF
				  WORKFORCE DEVELOPMENT OPERATOR'S AGREEMENT
THIS AGREEMENT is made on this day of 19 between the
				  Department of Workforce Development, hereafter referred to as "Department," and
				  residing in the township, county, or city of in the State of Wisconsin,
				  hereinafter referred to as "operator."
The Department has arranged for or leased the right and
				  privilege of placing as the operator of a business enterprise to be located on
				  the premises known as.
THESE parties do hereby mutually agree as follows:
ARTICLE I. The Department agrees, subject to Chapter
				  DWD 60, Wis. Adm. Code, to grant
				  to the operator the right to conduct business at this location with the
				  understanding that the agreement is, and shall remain, personal only to the
				  operator named in this agreement and may be terminated at any time with due
				  cause or notice by the Department or on the decision of the operator upon 30
				  days written notice.
ARTICLE II. The operator accepts the agreement and shall
				  conduct the business enterprise described above, subject to Chapter
				  DWD 60, Wis. Adm. Code, with the
				  express understanding that the operator is not an employe of the Department but
				  is an operator occupying business premises under license and agreement.
ARTICLE III. In the event that the operator shall breach any
				  of the terms or conditions hereof or any of Chapter
				  DWD 60, Wis. Adm. Code, all rights
				  of the operator hereunder shall cease and terminate, and the department is
				  hereby authorized to enter into and upon said business enterprise and to take
				  full and complete charge thereof and to evict the operator. An operator may
				  appeal this action as outlined in Chapter
				  DWD 60, Wis. Adm. Code.
IN WITNESS WHEREOF, the parties have caused this agreement to
				  be executed
Date:
DWD Representative
Date:
Operator
This agreement and Chapter
				  DWD 60,Wis. Adm. Code, have been
				  read and explained to the operator and he or she had received copies of the
				  same.
WITNESS
WITNESS
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.01 - Authority and purpose

Current through June 24, 2024
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
				  services to individuals with the most significant disabilities
				  first.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.02 - Applicability

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.03 - Definitions

Current through June 24, 2024
In this chapter:
(3)
				"Category" 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
				their disability as defined in the Rehabilitation Act of 1973, as amended,
				29 USC
				701.
(5m) "Consumer" means an individual
				determined by the department as eligible for vocational rehabilitation
				services.
(6) "Department" means
				the Wisconsin department of workforce development.
(9) "Employment outcome" means entering or
				retaining full or part-time competitive employment in the integrated labor
				market consistent with the definition in
				29
				USC 705(11).
(12) "Individual with a significant
				disability" means a consumer with a severe physical or mental impairment which
				seriously limits one or more functional capacities who will need multiple
				vocational rehabilitation services over an extended period of time as
				prescribed under
				29
				USC 705(21).
(12m) "IPE" means an individualized plan for
				employment.
(17) "Order of
				selection" means the establishment of a waiting list to determine which
				consumers will receive vocational rehabilitation services when resources are
				not available to all eligible individuals.
(18) "Primary services" means evaluation,
				counseling and guidance, physical or mental restoration, training, and
				placement services which are necessary to reach an IPE goal. "Primary services"
				does not include support services such as maintenance, transportation, personal
				assistance services or services to family members which are provided only to
				allow an individual to participate in one or more approved primary
				services.
(18m) "Student with a
				disability" means an individual with a disability in a secondary,
				postsecondary, or other recognized education program, who is not younger than
				14 years of age and not older than 21 years of age, who is eligible for, or who
				is receiving, pre-employment transition services.
(25) "Vocational rehabilitation counselor"
				means a department employee who determines an individual's eligibility for
				vocational rehabilitation services, and approves a consumer's IPE.
(25m) "Wisconsin Rehabilitation Council"
				means a council composed of members who review, analyze, and advise the
				division regarding the performance of its responsibilities in providing quality
				services to people with disabilities as prescribed under
				34
				CFR 361.16.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.04 - Imposing an order of selection

Current through June 24, 2024
(1) DETERMINING WHEN
				AN ORDER OF SELECTION IS REQUIRED. The 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 with the Wisconsin Rehabilitation
				Council to determine if fiscal and personnel resources are available to meet
				the needs of all consumers. If the department determines there are insufficient
				resources to serve all eligible consumers, an order of selection shall be
				imposed.
(2) CONTINUATION OR
				TERMINATION OF AN ORDER OF SELECTION. If an order of selection is imposed under
				sub. (1), the department shall consult with the Wisconsin Rehabilitation
				Council to determine prior to the beginning of every federal fiscal year, if a
				continuation or termination of an order of selection is necessary.
(3) PROVIDING SERVICES UNDER AN ORDER OF
				SELECTION.
(a) If an order of selection is
				imposed under sub. (1), the department shall provide services to consumers with
				the most significant disabilities and consumers at immediate risk of losing
				employment, notwithstanding significance of disability, who require specific
				services or equipment to maintain employment before serving consumers with less
				significant disabilities as prescribed under s.
				DWD
				65.07.
(b)
				The department may provide a consumer at immediate risk of losing employment
				with services or equipment to maintain employment under par. (a) if all of the
				following are satisfied:
1. The consumer
				notifies the department that the consumer is at immediate risk of losing
				employment.
2. The department
				determines that the consumer would almost certainly lose the consumer's current
				job if specific services or equipment are not provided in the very near future
				that would enable the consumer to maintain employment.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.06 - Prohibited practices

Current through June 24, 2024
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 outcome, type of service needs, costs of
				  services, or income level.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.07 - Determining the order of selection

Current through June 24, 2024
(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) WAITLIST ACTIVATION. When an order of
				selection is continued or imposed, services provided will be prioritized based
				on the date the application was received by the department for consumers
				assigned to the same category under an order of selection.
(4) STUDENT WITH A DISABILITY. If a student
				with a disability has received pre-employment transition services prior to
				submitting an application, the department shall continue to provide
				pre-employment transition services to a student with a disability during the
				evaluation process under sub. (1) and prior to being determined eligible for
				vocational rehabilitation services. Pre-employment transition services shall
				continue if the student with a disability is placed in a category in an order
				of selection.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.08 - Notice to affected consumers

Current through June 24, 2024
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 an order of
				selection and the priority in which services will be provided.
(2) Identify the consumer's category
				placement and information on how to file an appeal related to a consumer's
				category placement.
(3) Information
				on how to request a reevaluation of category placement based on new information
				not previously considered during the evaluation process under s. DWD 65.07
				(1).
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.09 - Request for review of category placement

Current through June 24, 2024
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 consumer or the consumer's designated representative.
Information on how to file a request for reevaluation of
					 category placement will be included in the notice issued under s. DWD
					 65.08.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.10 - Review initiated by department

Current through June 24, 2024
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 category placement. The department shall make multiple
				  attempts, through multiple methods of contact, including the consumer's
				  preferred mode of contact, prior to closing any case. If there is no response
				  within 30 days, the department may close the case. Prior to closing any case,
				  the department shall document the dates and methods of
				  contact.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 65 - Order Of Selection For Vocational Rehabilitation Services › Section DWD 65.11 - Appeal of assigned position under an order of selection

Current through June 24, 2024
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
				  officers under procedures established by the department in ch. DWD 75. A
				  consumer may appeal the decision issued by an impartial hearing officer as
				  prescribed under s.
				  227.53,
				  Stats.
To obtain a hearing request form, or for questions relating
					 to filing a hearing request, contact the Hearing Coordinator, Division of
					 Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707, telephone
					 (800) 442-3477 or access the form online at
http://dwd.wisconsin.gov/dvr/
.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.01 - Introduction

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Case record" or "record" means information, whether written or not, relating
				to a consumer, received or acquired in connection with the performance of a
				vocational rehabilitation function.
(3) "Consumer" means a person who has been
				referred to or has applied for, is currently receiving, or has received in the
				past, vocational rehabilitation services.
(3m) "Consumer identifying information" means
				the name, address, social security number, or similar information by which the
				identity of the consumer can be determined with reasonable accuracy and speed,
				either directly, or by reference to other publicly available
				information.
(4) "Designated
				representative" means an attorney, physician, parent, guardian, or other adult
				designated in writing by a consumer to represent the consumer's
				interests.
(4m) "Division" means
				the division of vocational rehabilitation.
(5) Except as provided in sub. (6), "in the
				administration of the vocational rehabilitation program" means any of the
				following:
(a) The direction and coordination
				of consumer services within the division, including contracts with the division
				for purchased rehabilitation services that are part of the consumer's
				rehabilitation program.
(b) The
				coordination of programs in the department of workforce development involving
				the vocational rehabilitation plan of a consumer.
(c) The auditing, planning, or evaluation of
				vocational rehabilitation programs by lawfully authorized governmental agencies
				if the resulting report does not contain consumer identifying
				information.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.03 - Applicability

Current through June 24, 2024
The provisions of this chapter apply to any person who has
				  access to information about consumers. The provisions apply both during and
				  after a person's employment or other relationship giving rise to the
				  access.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.04 - Administration of this chapter

Current through June 24, 2024
(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 informed
				written consent of the consumer.
(2) The release of information concerning a
				consumer obtained from the records of a private or public agency or individual
				is subject to the law applicable to or rules of the agency or individual
				concerning the release of the information. If no law or rule exists, the
				information is subject to the provisions of this chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.05 - Informed consent of consumers

Current through June 24, 2024
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 organization to
				which the disclosure is to be made.
(2) The name of the consumer.
(4) The specific type of information to be
				disclosed.
(5) The time period
				during which the consent is effective.
(6) The date on which the consent is
				signed.
(7) The signature of the
				consumer or person legally authorized to give consent for the
				consumer.
A form for providing informed consent for disclosure of
					 information may be accessed online at
https://dwd.wisconsin.gov/dwd/forms/dvr/dvr-199-e.htm
.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.06 - Notation of release of information

Current through June 24, 2024
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 organization to
				whom the information was released.
(2) The identification of the information
				released.
(4) The date of the
				release.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.08 - Notification of rights and responsibilities

Current through June 24, 2024
(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 the information
				and the criminal liabilities for violation of this chapter.
(2) The division shall provide without cost a
				copy of this chapter and any policies created to interpret this chapter to each
				employee and, upon request, to a consumer or any other person.
(3) The division shall notify each consumer
				that information that the consumer gives to the division shall be kept
				confidential and that a consumer has certain rights of access to the consumer's
				case record.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.09 - Non-consumer requests

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.11 - Notice not to re-release

Current through June 24, 2024
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 without the informed written consent of the
				  consumer.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.12 - Release of records for an audit, evaluation, or research

Current through June 24, 2024
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 of
				  the vocational rehabilitation program if all of the following are
				  satisfied:
(1) The information will be
				used only for the purpose for which it was provided.
(2) The information will be released only to
				persons officially connected with the audit, evaluation, or research.
(2g) The information will not be released to
				the consumer.
(2r) The information
				will be managed in a manner to safeguard confidentiality.
(3) The final product of the research will
				not reveal any consumer identifying information without the informed written
				consent of the consumer.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.13 - Release of records to employers

Current through June 24, 2024
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 if no consumer
				  identifying information is disclosed. Consumer identifying information may be
				  released to a potential employer only with the informed written consent of the
				  consumer.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.14 - Release of records to consumers

Current through June 24, 2024
(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 record shall be
				released to the consumer, or, upon the request of the consumer, to the
				consumer's designated representative.
(1s) The consumer or the designated
				representative shall present valid identification or be identified by a
				vocational rehabilitation employee before information is released.
(2)
(a)
				Medical, psychological, or other information that the division determines may
				be harmful to a consumer may not be released directly to the consumer, but must
				be provided to the consumer through a third party chosen by the consumer,
				including an advocate, family member, or qualified medical or mental health
				professional, except that if a representative has been appointed by a court to
				represent the consumer, the information must be released to the court-appointed
				representative.
(b) If the division
				makes a determination under par. (a) about a consumer, the division shall
				provide the consumer with written notice of the determination.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.15 - Record amendments and additions

Current through June 24, 2024
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 correcting alleged inaccurate or misleading information in the
				  consumer's case record shall be included in that record. The division shall
				  document in the case record the consumer's request under this section and the
				  division's response to the request.
Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 68 - Confidential Information › Section DWD 68.17 - Penalties

Current through June 24, 2024
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.
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 75.01 - Authority and purpose

Current through June 24, 2024
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
				  appealing the determination of ineligibility or any determination made by
				  personnel of the division that affects the provision of vocational
				  rehabilitation services by the division under the rehabilitation act of 1973,
				  as amended.
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 75.02 - Applicability

Current through June 24, 2024
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 personnel of the division that
				  affects the provision of vocational rehabilitation services under the act, or a
				  decision issued by a hearing officer that affects the provisions of vocational
				  rehabilitation services, may request a timely review of that determination or
				  decision.
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 75.04 - Right to a hearing

Current through June 24, 2024
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 for an individual are denied,
				  reduced, suspended, or terminated.
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 75.05 - Filing a hearing request

Current through June 24, 2024
(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 within
				the 180-day limit shall be cause for the hearing request to be
				dismissed.
(2) HOW TO FILE. An
				applicant or eligible individual shall file a written hearing request and state
				the issues involved in the appeal and the desired outcome on a form provided by
				the department with the hearing coordinator.
To obtain a hearing request form, or for questions relating
					 to filing a hearing request, contact the Hearing Coordinator, Division of
					 Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707, telephone
					 (800) 442-3477 or access the form online at
http://dwd.wisconsin.gov/dvr/
.
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 75.06 - Acknowledgment of a hearing request

Current through June 24, 2024
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 the applicant's or eligible individual's
				  representative in writing. The acknowledgment of a hearing request shall
				  include a copy of this chapter, and information on appeal rights and the
				  Wisconsin client assistance program.
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 75.07 - Time limit for hearing

Current through June 24, 2024
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.