Sec. DWD 75.03 - Definitions

ยง DWD 75.03. Definitions

In this chapter:

(1) "Act" means the federal rehabilitation act of 1973, as amended, 29 USC 701 et seq.

(2) "Administrator" means the administrator of the division.

(2m) "Administrator's representative" means an employee of the department designated by the administrator to represent the department at each hearing.

(3) "Appeal" means a request for relief filed with the division by the applicant or eligible individual based on the determination of ineligibility of services or the decision of the furnishing or denial of services issued by the division.

(3m) "Contract administrator" means an employee of the department responsible for administering the contracts with the hearing officer.

(5) "Department" means the Wisconsin department of workforce development.

(5r) "Determination of ineligibility" means a determination issued by the department to an individual who applies for vocational rehabilitation services and is determined not to be eligible for the services; or a decision issued by the department to an eligible individual receiving services under an IPE and is determined to no longer be eligible for services.

(6) "Division" means the department's division of vocational rehabilitation.

(7) "File" or "filed" means the physical receipt of a document by the person designated in this chapter.

(8) "Hearing" means a formal review by an impartial hearing officer of the determination of ineligibility for services or the decision of the furnishing or denial of services issued by the division.

(9) "Hearing coordinator" means an employee of the department within the division who maintains the records of hearings, contacts hearing officers to schedule hearings and ensures that time requirements for the completion and reporting of hearings are observed.

(10) "Hearing request" means a written request for a hearing signed by an applicant or eligible individual to appeal a determination of ineligibility of services or the decision of the furnishing or denial of services.

(11) "Intent to review" means the department will review the decision of a hearing officer to determine if the decision will stand or be modified.

(12) "IPE" means individualized plan for employment.

(13) "Order of selection" means the order of priority for service, by category, required by 29 USC 721(a) (5) (A) to ensure that clients with the most severe functional limitations who need multiple services over an extended period of time are served before clients who have less severe functional limitations or do not require multiple services over an extended period of time.

(14) "Party" means an applicant or eligible individual, or the representative of the applicant or eligible individual, or the administrator's representative.

(15) "Prehearing conference" means a joint face-to-face meeting, a telephone conference, separate meetings or separate telephone calls by the hearing officer with the parties prior to the hearing to formulate a statement of the issues presented by an appeal, identify potential witnesses, establish a schedule for discovery and deadlines for exchange of witness lists and exhibits, receive motions and clarify any remaining issues to be considered or excluded from a hearing.

(16) "Representative" means a parent, guardian, other family member or advocate designated in writing by the applicant or eligible individual, or a representative of the applicant or eligible individual appointed by a court.

(16m) "Secretary" means the secretary of the department.

(17) "Wisconsin client assistance program" means a service program established by the governor under 34 CFR 370.2(a) to (d).

(Cr. Register, December, 1996, No. 492, eff. 1-1-97. Amended by, CR 15-055: cr. (2m), am. (3), cr. (3m), r. (4), cr. (5r), am. (8) to (16), cr. (16m), am. (17), Register May 2016 No. 725, eff. 6/1/2016)

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