DWD Wisconsin Department of Workforce Development 65.04 Determining when an order of selection is required.

At least annually, the department shall determine if all clients can be served or if an order of selection must be imposed or continued to ensure that clients with the most severe disabilities are served before clients with less severe disabilities. The criteria for making this determination shall be whether the fiscal and personnel resources are available to meet the needs of the client population. The department shall consult with the state rehabilitation planning and advisory council in making this determination.

DWD 65.05 Public notice to announce order of selection intention.

The imposition, continuation or termination of an order of selection shall be announced by publication of a class 1 legal notice in the official state newspaper. An order of selection shall be effective no sooner than 30 days after the date of publication of the notice.

DWD 65.06 Prohibited practices.

The department shall determine the relative position of an individual in the order of selection without regard to length 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, length of time needed emotionally disturbed; emotional disorders; US Department of Education to complete service or income level.

DWD 65.07 Determining the order of selection.

(1) EVALUATION PROCESS. For each client, a vocational rehabilitation counselor shall evaluate the client's case record using the functional assessment instrument included in the state plan and, on the basis of the client's existing record, shall recommend, in writing, the appropriate category for the client in the order of selection. except that a client may be assigned to a category or a position within a category by federal law. 29 USC United States Code 721(a) (5) (A).

(2) REVIEW OF VOCATIONAL REHABILITATION COUNSELOR RECOMMENDATION.

A recommendation under sub. (1) shall be reviewed by the vocational rehabilitation counselor's supervisor and, if the recommendation is accepted, the supervisor shall countersign and date the recommendation.

(3) TIE BREAKER. For clients assigned to the same category under an order of selection for services, the date recorded on the application as the date the application was received by the department shall determine the order of selection within the category with the oldest date served first.

DWD 65.08 Notice to affected clients.

Within 20 working days following publication of the public notice under s. DWD 65.05 of the department's intention to impose or continue an order of selection, the department shall notify, in writing, each client who will not be served in the 12 month period beginning on the effective date of the order of selection. This notice shall include the reason for the decision, information regarding how and where to appeal this action under s. DWD 65.11 and information regarding how and where to submit new evidence for review by the department under s. DWD 65.09.

DWD 65.09 Review requested by client.

A client may request a review of his or her category within the order of selection whenever new evidence is available by submitting a copy of the new evidence with a written request for a redetermination to the district director of the office which provided the notice of the order of selection category.

DWD 65.10 Review initiated by department.

The department shall contact each suspended case at least annually to determine if the client wants to continue as a suspended case or if the case may be closed. If the client chooses to allow his or her case to be closed, the closure reason shall be reported as "other" and this action shall not prejudice any future reconsideration of the individual for services. If this contact is by mail and there is no response within 30 days or if the client has moved and left no forwarding address, the case shall be closed without further notice.

DWD 65.11 Appeal of assigned position under an order of selection.

A client may appeal the decision of the department about the basis for his or her category under an order of selection for services by sending a written request for a hearing with an explanation of his or her specific issues to the district director of the office which provided the notice of order of selection category within one year of the date of the notice under s. DWD 65.08. Order of selection appeals are heard by impartial hearing officers under procedures established by the department for client appeals.

(the above is unofficial text for cross reference purposes)

Source Document - DWD 65