STATEMENT OF SCOPE
Department of Workforce Development
Rule No
.
Chapter
DWD
75
, Wis. Admin. Code
Relating to
Appeal procedures for persons applying for or receiving vocational rehabilitation services
Rule Type
Permanent
D
etailed Description of the
Objective of the Proposed Rule
This rule will clarify
and update the procedures
an appellant or an appellant's representative must take to dispute a
ny
determination
in providing, denying or altering vocational rehabilitation services.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Chapter
DWD 75
establishes procedures for appealing decisions
of DWD’s
D
ivision of
V
ocational
R
ehabilitation relating to eligibility for providing, denying or altering vocational rehabilitation services as required by
the
federal
R
ehabilitation
A
ct of 1973.
This rule will update obsolete terminology,
update the procedures an appellant or an appellant's representative must take to dispute any determination in providing, denying or altering vocational rehabilitation services,
change the required time for holding a hearing after a request has been received from 45 days
to 60 days and
require
in each issued determination
a statement of
the appellants right to request a review of the determination.
The alternative is to do nothing. If the department does not alter the current rules, the department will
lack a clearly stated appeal procedure for persons applying for or receiving vocational rehabilitation services and conflict with federal law.
Detailed explanation of statutory authority for the rule, including the statutory citation and language
Section
47.02 (5)
, Stats., stat
es
"Any person aggrieved by a determination of eligibility or ineligibility for vocational rehabilitation services or by the furnishing or denial of vocational rehabilitation services may commence an appeal as provided under rules promulgated by the department."
Estimate of amount of time that state employees will spend developing the rule, and other resources necessary to develop the rule
The total amount of staff time is estimated to be
70
hours.
List with description of all entities that may be affected by the proposed rule
This rule is procedural in nature and will not affect any entities.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be
regulated by the proposed rul
e
Wisconsin has complied with the requirement under
29 USC 722
(c), which
requires each state to establish procedures for mediation and review of decisions issued that affect the provisions of vocational rehabilitation services to an applicant or eligible individual.
Anti
cipated economic impact of implementing the rule
(note if the rule is
likely to have an economic impact on small businesses
)
This rule is procedural in nature
an
d will have no economic impact on any business
es
, including small businesses.
