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DWD Administrative Rules

Current DWD Administrative Rules

View Administrative Rules for Department of Workforce Development

Status of Proposed Emergency Rules

Proposed Emergency Rule Status
DWD 301: COVID-19 protections for migrant workers – Scope Statement SS 003-22 Scope Statement published on January 18, 2022. See "Rules Open for Public Comment" below.

Emergency Rules Currently in Effect

Emergency Rule Effective Date Expiration Date
- DWD 102, 113 and 123: Protecting Wisconsin employers from the adverse financial effects of COVID-19 – EmR2125 October 3, 2021, except sections 1 and 2 take effect on November 26, 2021. March 1, 2022, except sections 1 and 2 expire on April 24, 2022.

Status of Proposed Permanent Rules

Proposed Rule Status
DWD 60 to 75: Vocational Rehabilitation – Scope Statement SS 084-21 and Clearinghouse Rule CR 003-22 The Secretary-designee approved the Scope Statement on November 4, 2021. Clearinghouse Rule CR 003-22, which revises DWD 65, 68, and 75, was received by the Rules Clearinghouse on January 20, 2022. See "Rules Open for Public Comment " below.
DWD 80: Minor and technical changes to the worker's compensation program – Scope Statement SS 049-21 The DWD Secretary-designee approved the Scope Statement on June 11, 2021.
DWD 80.32: Worker's compensation minimum permanent partial disability ratings – Scope Statement SS 048-21 The DWD Secretary-designee approved the Scope Statement on June 11, 2021.
DWD 81: Worker's compensation treatment guidelines – Scope Statement SS 050-21 The DWD Secretary-designee approved the Scope Statement on June 11, 2021.
DWD 102 and 147: Converting Standard Industrial Classification ("SIC") code references to the North American Industry Classification System ("NAICS") codes and minor technical updates - Scope Statement SS 116-21 The DWD Secretary-designee approved the Scope Statement on January 6, 2022.
DWD 226: Bone marrow donation leave and organ donation leave - Clearinghouse Rule CR 21-097 On December 22, 2021, DWD received the Rules Clearinghouse report on the proposed rule. DWD will promulgate the proposed rule without a public hearing because no petition for a public hearing was received by December 29, 2021. See Notice of Rulemaking without Public Hearing.
DWD 270 and 271: Child labor and street trades – Scope Statement SS 114-21 The DWD Secretary-designee approved the Scope Statement on January 24, 2022.
DWD 272 and 274: Minimum wage and hours of work and overtime – Scope Statement SS 107-21 The DWD Secretary-designee approved the Scope Statement on January 14, 2022.
DWD 301: Migrant labor – Scope Statement SS 004-22 Scope Statement published on January 18, 2022.
DWD 801: Wisconsin Fast Forward Workforce Training Grants – Scope Statement SS 009-20 The DWD Secretary approved the Scope Statement on April 3, 2020.
DWD 802: Technical Education Equipment Grants - Clearinghouse Rule CR 20-015 On August 10, 2021, DWD submitted a germane modification of the rule to the legislature.

Rules Open for Public Comment

Proposed or Emergency Rule Public Hearing Deadline for Submitting Comments Comment
DWD 65, 68, and 75 Clearinghouse Rule CR 003-22: order of selection, personal information, and appeals A public hearing will be held on February 18, 2022. See the hearing notice, which will be published here on January 31, 2022, for more information. February 18, 2022 Comments may be made by emailing DWDAdminRules@dwd.wisconsin.gov
DWD 301: COVID-19 protections for migrant workers – Scope Statement SS 003-22 A preliminary public hearing on the Scope Statement will be held on January 26, 2022. See the hearing notice for more information. January 26, 2022 Comments may be made by emailing DWDAdminRules@dwd.wisconsin.gov

Public Comment on the Economic Impact of Proposed Administrative Rules

The Department of Workforce Development is in the process of preparing an economic impact analysis (EIA) for the proposed administrative rules found below. The Department is interested in obtaining information and advice from businesses, associations representing businesses, local governmental units, and individuals that may be affected by proposed administrative rules. The comments will be considered when the Department prepares an Economic Impact Analysis under s. 227.137, Wis. Stats.

You may comment electronically on a particular rule by clicking on the link in the Submit Electronic Feedback Column for the given rule, or mail feedback to the following:

Department of Workforce Development
Attn: Legal Counsel
P.O. Box 7946
Madison, WI 53707-7946

Pursuant to Executive Order #50 (2011) and s. 227.137, Wis. Stats., the Department must include in an EIA the information for the areas listed below. To review all of the information that must be included in an EIA, you may refer to the Executive Order and statutory provisions.

When submitting comments, please provide specific information for the areas listed below and include any supporting economic data, studies or reports. Please do NOT submit comments on the revisions to the rules at this time.

The following information must be discussed in an EIA:

  1. Any implementation or compliance costs that are reasonably expected to be incurred.
  2. Actual quantifiable benefits of the proposed rule.
  3. Whether the proposed rule would adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the state.
  4. Economic impacts of alternatives to the proposed rule.

If you are a small business as defined in s. 227.114(1), Wis. Stats., please identify yourself as a small business in your comments. Please refer to s. 227.19(3)(e)3. and 4., Wis. Stats., for further information when you are preparing your comments as a small business.

You may view the status of current rulemaking and view documents associated with rulemaking at the Wisconsin Administrative Rules website. Wisconsin state agencies value your involvement in agency decision-making and have created this website to make it easy for you to monitor and participate in rulemaking.

Following the public comment period for the EIA, the Department will prepare a "Fiscal Analysis and Economic Impact Analysis" containing relevant information that is received. Once the EIA process is completed, the Department will submit the rule package and economic impact analysis to the Legislative Council under s. 227.15, Wis. Stats., and hearings on the proposed rule will then be held after proper notice in accordance with ss. 227.17 and 227.18, Wis. Stats.

Proposed Rules Open for Public Comment on their Economic Impact

Proposed Rule Date Updated Deadline for Submitting Comments Comment
DWD 102 and 147: Converting Standard Industrial Classification ("SIC") code references to the North American Industry Classification System ("NAICS") codes and minor technical updates - Scope Statement SS 116-21 January 10, 2022 January 24, 2022 Comments may be made by emailing DWDAdminRules@dwd.wisconsin.gov
DWD 270 and 271: Child labor and street trades – Scope Statement SS 114-21 January 24, 2022 February 7, 2022 Comments may be made by emailing DWDAdminRules@dwd.wisconsin.gov
DWD 272 and 274: Minimum wage and hours of work and overtime – Scope Statement SS 107-21 January 14, 2022 February 14, 2022 Comments may be made by emailing DWDAdminRules@dwd.wisconsin.gov