Revised
Statement of Scope
Department of
Children and Families
This statemen
t of scope was approved by the g
overnor on December 27, 2016.
This revised statement of scope modifies, SS
042-12
,
which was approved by the g
overnor on June 8, 2012, published in
Register No. 678
, on June 30, 2012.
Rule No.
Relating to
Sanctions in the Wisconsin
w
orks
Program.
Rule Type
Permanent.
1.
Finding/nature of emergency (for emergency rules only)
Not applicable
.
2.
Detailed Description of the Objective of the Proposed Rule
The proposed rules will specify guidelines for determining when a participant, or individual in the participant's Wisconsin
works
group, who engages in a behavior specified in s.
49.151 (1m) (a)
-
(f)
, Stats., is demonstrating a refusal to participate.
The proposed rules will also establish procedures for providing written notice before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in
the Wisconsin
works
program
. In addition, the proposed rules will include a definition of the "reasonable time" that a
Wisconsin
w
orks
agency is required to allow a participant to rectify a deficiency, failure, or other behavior to avoid the proposed action
as provided
under s.
49.153 (1) (a)
, Stats.
3.
Detailed Explanation of Statutory Authority for the Rule
Section
49.1515 (1)
, Stats., as created by
2009 Wiscon
s
in Act 28
and affected by
2015 Wisconsin A
c
t 55
, provides that the department shall by rule specify guidelines for determining when a Wisconsin
works
participant, or
an
individual in the participant's
Wisconsin
works
group who
is subject to a work requirement,
is demonstrating a refusal to participate
in the Wisconsin
w
orks
program
.
Section
49.151 (1c)
-
(1m)
, Stats., as affected by
2015 Wisconsin Act 55
, provides that a participant who refuses to participate as determined under guidelines promulgated
by the department
under s.
49.1515 (1)
, Stats., in any
Wisconsin
works
employment position is ineligible to participate in the
Wisconsin
works
program for
three
months. A participant is also ineligible if a nonparticipant parent who is required to work under the 2-parent family requirement in s.
49.1
5
(2)
,
Stats.,
refuses to participate as required. A participant or a nonparticipant parent who is required to work
refuses
to participate
if the participant or nonparticipant parent, without good cause
:
•
Fails t
o a
ppear for an interview with a prospective employer
,
•
Fails t
o a
ppear for an assigned
work
activity
,
• Voluntarily leaves appropriate employment or training
,
or
• Voluntarily leaves a work experience site
.
The participant or nonparticipant parent who is required to work also refuses to participate if the participant or nonparticipant parent:
•
Is
discharged
from appropriate employment or training
for cause
,
• Is discharged from a work experience site f
o
r cause, or
• Demonstrates through other behavior or action, as specified by the department by rule, that
the participant or nonparticipant parent
refuses to participate in a
Wisconsin
w
orks
employment position.
Section
49.153
(
1)
, Stats., as affected by
2015 Wisc
o
nsi
n
Act 55
, provides that before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in
the
Wisconsin
works
program
, a
Wisconsin
works
agency shall do all of the following:
(a) Provide to the participant written notice of the proposed action and of the reasons for the proposed action
.
(
b
) After providing the notice under par. (a), allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.
Section
49.153 (1m)
,
Stats.,
as created by
2015 Wisconsin Act 55
, provides that a
Wisconsin
works
agency is not required to comply with the notice requirements
under sub. (1)
if the action taken is the result of the participant no longer meeting eligibility criteria as specified under
s.
49.145 (2) (a)
,
(b)
,
(c)
,
(d)
,
(g)
,
(i)
,
(j)
,
(m)
,
(q)
,
(r)
, or
(
rm
)
or
(3)
, Stats.
Section
49.153 (2)
, Stats., as created by
2005 Wiscons
i
n A
c
t 25
and affected by
2011 Wisco
n
sin Act 32
, provides that the department shall promulgate rules that establish procedures for the notice under sub. (1) (
a
) and
that
define "reasonable time" for the purpose of sub. (1)
(c)
.
4.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
175 hours.
5.
List with Description of all Entities that may be Affected by the Proposed Rule
Wisconsin
works
agencies,
Wisconsin
works
participants, and nonparticipant parents required to work under the 2-parent family requirement in s.
49.15 (2)
, Stats.
6.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
45 CFR § 261.14
provides that
i
f an individual refuses to engage in
mandatory
work
requirements
, the state must reduce or terminate the amount payable to the family, subject to any good cause exceptions the state may establish. The state must, at a minimum, reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during the month in which the individual refuses to work.
The state may
impose
a greater reduction, including terminating assistance. A state that fails to impose penalties on individuals may be subject to a penalty
.
7.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Minimal impact; no impact on small business.
Contact Person
Name:
Debra Cronmiller
Title:
Policy Section Chief, Bureau of Working Families
Organization:
Department of Children and Families
Phone:
(608) 422-6277
