Section 49.151. Wisconsin works; sanctions.

 

(1c)   Definitions. In this section:

(a) “Employer" means a subsidized or unsubsidized employer or a work experience provider.

(b) “Employment" means subsidized or unsubsidized employment or an assigned work experience activity.

(1m)   Refusal to participate. A participant who refuses to participate, as determined under guidelines promulgated under s. 49.1515 , in any Wisconsin Works employment position component is ineligible to participate in the Wisconsin Works program for 3 months. A participant is also ineligible to participate in the Wisconsin Works program if an individual in the participant's Wisconsin Works group is subject to the work requirement under s. 49.15 (2) and refuses to participate as required. A participant or an individual who is subject to the work requirement under s. 49.15 (2) demonstrates a refusal to participate if any of the following applies:

(a) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s. 49.15 (2) , fails, without good cause, as determined by the Wisconsin Works agency, to do any of the following:

1. Appear for an interview with a prospective employer.

2. Appear for an assigned work activity, as defined in 42 USC 607 (d), or for an activity assigned by the Wisconsin Works agency.

(b) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s. 49.15 (2) , voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin Works agency.

(c) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s. 49.15 (2) , voluntarily leaves a work experience site without good cause, as determined by the Wisconsin Works agency.

(d) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s. 49.15 (2) , is discharged from appropriate employment or training for cause.

(e) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s. 49.15 (2) , is discharged from a work experience site for cause.

(f) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s. 49.15 (2) , demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin Works employment position.

(2)   Intentional program violations.

(a) If the department, a Wisconsin Works agency, or a county department or agency under contract under s. 49.155 (1m) determines that an individual applying for or receiving benefits under s. 49.138 or ss. 49.141 to 49.161 , for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has committed an intentional program violation related to any provision in s. 49.138 or ss. 49.141 to 49.161 or any rule promulgated under those sections, the Wisconsin Works agency, the county department or agency under contract under s. 49.155 (1m) , or the department shall deny benefits under s. 49.138 or ss. 49.141 to 49.161 to the individual as follows:

1. For a first intentional program violation, for 6 months.

2. For a 2nd intentional program violation, for one year.

3. For a 3rd intentional program violation, permanently.

(b) An individual who is denied benefits under par. (a) may request a review of the denial following the procedure under s. 49.152 or, if the denial is based upon a violation of s. 49.155 , may request a contested case hearing under ch. 227 by filing a request for a hearing with the department within 30 days after the date of the denial.

1995 a. 289 ; 1997 a. 27 ; 2009 a. 28 ; 2011 a. 32 , 202 ; 2015 a. 55 . Cross-reference: See also s. DCF 101.21 , Wis. adm. code.