Section DWD 296.13 - Equal employment opportunity compliance review(1) DEPARTMENT REVIEW. The department shall conduct EEO compliance reviews to determine if a sponsor is in compliance with this chapter regularly, or when circumstances warrant a review.(2) CONDUCT OF COMPLIANCE REVIEWS. An EEO compliance review may include any of the following: (a) A comprehensive analysis and evaluation of each aspect of the registered apprenticeship program through off-site reviews. Note: An example of an off-site review may include desk audits of records submitted to the department.
(b) On-site reviews conducted at the sponsor's establishment that may involve examination of records, inspection and copying of documents related to recordkeeping requirements, and interviews with employees, apprentices, journeyworkers, supervisors, managers, and hiring officials.(3) NOTIFICATION OF COMPLIANCE REVIEW FINDINGS. Within 45 business days of completing an EEO compliance review, the department shall present a written notice of compliance review findings to the sponsor. If the compliance review indicates a failure to comply with this chapter, the department shall inform the sponsor in writing and include in the notice all of the following: (a) The deficiencies identified.(b) How to remedy the deficiencies.(c) The timeframe within which the deficiencies must be corrected.(d) Enforcement actions that may be taken if compliance is not achieved within the required timeframe.(4) COMPLIANCE.(a) Within 30 days of a sponsor receiving a notice of compliance review with findings that indicate a failure to comply with this chapter, the sponsor shall implement a compliance action plan and notify the department of the plan, or submit a written rebuttal to the findings to the department. A sponsor may request a one-time, 30-day extension.(b) If the sponsor submits a written rebuttal to the notice of compliance review findings to the department under par. (a), the department may do any of the following: 1. Uphold the notice of compliance review findings.2. Modify the notice of compliance review findings in whole or in part.(c) If the department upholds the notice of compliance review findings after receiving a written rebuttal from the sponsor, the sponsor shall implement a compliance action plan within 30 days of receiving the notice from the department upholding the findings.(d) A compliance action plan required under par. (a) or (c) shall include, at a minimum, all of the following: 1. A specific commitment, in writing, to correct or remediate the identified deficiencies and areas of noncompliance.2. The precise actions to be taken for each deficiency identified.3. The time period within which the cited deficiencies shall be remedied and any corrective program changes implemented.4. The name of the individual responsible for correcting each deficiency identified.(e) Upon the department's approval of the compliance action plan, a sponsor may be considered in compliance under this chapter provided that the compliance plan is implemented.(5) ENFORCEMENT ACTIONS. A sponsor that fails to implement a compliance action plan within the specified timeframes may be subject to an enforcement action under s. DWD 296.15.Wis. Admin. Code Department of Workforce Development DWD 296.13
Cr. Register, August, 1972, No. 200, eff. 9-1-72; am. Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.23, Register, April, 1981, No. 304, eff. 5-1-81.Adopted by, CR 19-003: cr. Register September 2019 No. 765, eff. 10/1/2019