(1) DEFINITIONS. As used in ss. 49.141 to 49.161 and 49.26: (a) “Community service job” means a work component of Wisconsin works administered under s. 49.147 (4). (b) “Custodial parent” means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, “legal custody” has the meaning given in s. 767.001 (2) (a). (c) “Dependent child” means a person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19. (d) “Financial and employment planner” means a caseworker employed by a Wisconsin works agency who provides financial or employment counseling services to a participant. (e) “Job access loan” means a loan administered under s. 49.147 (6). (f) “Migrant worker” has the meaning given in s. 103.90 (5). (g) “Minimum wage” means the state minimum hourly wage under s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable. (h) “Noncustodial parent” means, with respect to a dependent child, a parent who is not the custodial parent. (i) “Nonmarital coparent” means, with respect to an individual and a dependent child, a parent who is not married to the individual, who resides with the dependent child, and who is one of the following: 1. An adjudicated parent. 2. A parent who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity. 3. A parent who has been conclusively determined from genetic test results to be the father under s. 767.804. (j) “Parent” means any of the following: 1. A biological parent. 2. A person who has consented to the artificial insemination of his wife under s. 891.40. 3. A parent by adoption. 4. A man adjudged in a judicial proceeding to be the biological father of a child if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803. 5. A man who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity. 6. A man who has been conclusively determined from genetic test results to be the father under s. 767.804. (k) “Participant” means an individual who participates in any component of the Wisconsin works program. (L) “Strike” has the meaning provided in 29 USC 142 (2). (m) “Transitional placement” means a work component of Wisconsin works administered under s. 49.147 (5). (n) “Trial employment match program job” means a work component of Wisconsin Works administered under s. 49.147 (3). (p) “Wisconsin works” means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161. (r) “Wisconsin works employment position” means any job or placement under s. 49.147 (3) to (5). (s) “Wisconsin Works group” means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent, and all dependent children with respect to whom the individual’s dependent child is a custodial parent. “Wisconsin Works group” includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. (3) APPLICATIONS. Any individual may apply for any component of Wisconsin works. Application for each component of Wisconsin works shall be made on a form prescribed by the department. The individual shall submit a completed application form to a Wisconsin works agency in the geographical area specified by the department under s. 49.143 (6) in which the individual lives and in the manner prescribed by the department. (4) NONENTITLEMENT. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works. (5) NONSUPPLANT. (am) No Wisconsin works employment position may be operated so as to do any of the following: 1. Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under s. 49.147 (3), (4) or (5). 2. Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit. 3. Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit. (bm) The department shall promulgate rules specifying a grievance procedure for resolving complaints of alleged violations of par. (am). (6) PROHIBITED CONDUCT. A person, in connection with Wisconsin works, may not do any of the following: (a) Knowingly and willfully make or cause to be made any false statement or representation of a material fact in any application for any benefit or payment. (b) Having knowledge of the occurrence of any event affecting the initial or continued eligibility for a benefit or payment under Wisconsin works, conceal or fail to disclose that event with an intent fraudulently to secure a benefit or payment under Wisconsin works either in a greater amount or quantity than is due or when no such benefit or payment is authorized. (7) SUSPENSIONS. (c) Except as provided in par. (d), in addition to the penalties applicable under s. 946.90 (2) or (3), a person shall be suspended from participating in Wisconsin Works for a period of 10 years, beginning on the date of conviction, if the person is convicted in a federal or state court for any of the following: 1. Violating sub. (6) (a) or s. 946.90 (2) (a) with respect to his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state assistance funded by a block grant under Title I of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 2. Fraudulently misstating or misrepresenting his or her iden- tity or place of residence for the purpose of receiving simultaneously from this state and at least one other state benefits under the medical assistance program under 42 USC 1396 et seq. 3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp program under 7 USC 2011 to 2029. 4. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal supplemental security income program under 42 USC 1381 to 1383d. (d) A person who has been suspended from participating in Wisconsin works under par. (c) and whom the president of the United States has pardoned with respect to the conduct for which the person had been suspended may have his or her eligibility to participate in Wisconsin works reinstated beginning on the first day of the first month beginning after the pardon. (8) DAMAGES. If a person is convicted under s. 946.90 (2) or (3), the state has a cause of action for relief against the person in an amount equal to 3 times the amount of actual damages sustained as a result of any excess payments made in connection with the offense for which the conviction was obtained. Proof by the state of a conviction under s. 946.90 (2) or (3) is conclusive proof in a civil action of the state’s right to damages and the only issue in controversy shall be the amount, if any, of the actual damages sustained. Actual damages consist of the total amount of excess payments, any part of which is paid with state funds. In a civil action under this subsection, the state may elect to file a motion in expedition of the action. Upon receipt of the motion, the presiding judge shall expedite the action.
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