Register, December, 1996, No. 492
Chapter DWD 75
APPEAL PROCEDURES FOR PERSONS APPLYING FOR OR
RECEIVING VOCATIONAL REHABILITATION SERVICES
DWD 75.01 Authority and purpose.
DWD 75.04 Right to a hearing.
DWD 75.05 Filing a hearing request.
DWD 75.06 Acknowledgment of a hearing request.
DWD 75.07 Time limit for hearing.
DWD 75.08 Motions relative to a hearing.
DWD 75.09 Identification of a representative.
DWD 75.10 Filing documents.
DWD 75.11 Services while a hearing officer's decision is pending.
DWD 75.12 Hearing officer qualifications.
DWD 75.13 Authority of the hearing officer.
DWD 75.14 Prehearing interview.
DWD 75.15 Agreement prior to a hearing.
DWD 75.16 Hearing procedures.
DWD 75.17 Notice of hearing officer's decision.
DWD 75.18 Hearing officer's report.
DWD 75.19 Administrator's review of hearing officer's decision.
DWD 75.01
DWD 75.01
Authority and purpose. This chapter is promulgated under the authority of ss.
47.02(5) and
227.11(2)(a), Stats., and in conformity with requirements under
29 USC 711 (c) and
722(d), and
34 CFR 361.48, to establish procedures for appealing decisions of the department's division of vocational rehabilitation concerning eligibility for services or the furnishing or denial of services under the rehabilitation act of 1973, as amended.
DWD 75.01 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.02
DWD 75.02
Applicability. This chapter applies to the department, to applicants for and recipients of services under the act who wish to appeal decisions of the department's division of vocational rehabilitation concerning eligibility for or the furnishing or denial of services under the act, and to hearing officers appointed to hear the appeals.
DWD 75.02 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.03
DWD 75.03
Definitions. In this chapter:
DWD 75.03(2)
(2) "Administrator" means the administrator of the division.
DWD 75.03(3)
(3) "Appeal" means a request for relief filed with the division based a decision of the division relating to eligibility for services or the furnishing or denial of services under the act.
DWD 75.03(4)
(4) "Appellant" means the person who filed the request for a hearing or an appellant's representative.
DWD 75.03(5)
(5) "Department" means the Wisconsin department of workforce development.
DWD 75.03(6)
(6) "Division" means the department's division of vocational rehabilitation.
DWD 75.03(7)
(7) "File" or "filed" means the physical receipt of a document by the person designated in this chapter.
DWD 75.03(8)
(8) "Hearing" means a formal review of a decision of the division by an impartial hearing officer.
DWD 75.03(9)
(9) "Hearing coordinator" means the person who maintains records of hearings under the act, contacts hearing officers to initiate hearings and ensures that required time limits for completion and reporting of hearings are observed.
DWD 75.03(10)
(10) "Hearing request" means a written request for a hearing signed by an appellant or an appellant's representative which states the issue involved in the appeal and the desired outcome.
DWD 75.03(11)
(11) "Intent to review" means that the administrator will review the decision of a hearing officer to determine if the decision will be allowed to stand or will be modified as provided by the act.
DWD 75.03(12)
(12) "IWRP" means individualized written rehabilitation program.
DWD 75.03(14)
(14) "Party" means the appellant or appellant's representative or the administrator's representative .
DWD 75.03(15)
(15) "Prehearing interview" 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 issue or issues presented by an appeal, to identify potential witnesses, to establish a schedule for discovery and deadlines for exchange of witness lists and exhibits, to receive motions and to clarify any remaining issues to be considered or excluded from a hearing.
DWD 75.03(16)
(16) "Representative" means a parent or guardian of an appellant under age 18, a person designated in writing by an adult appellant as the representative, a person appointed by a court to represent an appellant or the person designated by the administrator as his or her representative for a hearing.
DWD 75.03(17)
(17) "Wisconsin client assistance program" or "client assistance program" means a service program established by the governor under
34 CFR 370.2 (a)to(d) and funded in whole or in part by the act to assist individuals with disability-related issues and appeals under the act.
DWD 75.03 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.04
DWD 75.04
Right to a hearing. An individual or a representative of an individual may appeal a decision concerning eligibility for services or the furnishing or denial of services under the act, including a decision relating to an order of selection for services.
DWD 75.04 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.05
DWD 75.05
Filing a hearing request. DWD 75.05(1)
(1)
Time limits. The time limit for filing a hearing request shall be 12 months after the notice of a decision or action was mailed to the appellant. Failure to file within the 12 month limit shall be cause for the hearing request to be dismissed.
DWD 75.05(2)
(2) How to file. A hearing request shall be filed with the hearing coordinator.
DWD 75.05 Note
Note: The address for requesting a hearing is Hearing Coordinator, Division of Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707.
DWD 75.05 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.06
DWD 75.06
Acknowledgment of a hearing request. The hearing coordinator shall notify the parties when a hearing request has been properly filed within 5 working days after receiving the request. If a representative has been designated, the notice shall be sent to the representative. If the appellant has a representative, a copy shall also be sent to the appellant by certified mail. This notice shall include as enclosures a copy of this chapter, a brochure explaining the appeal process and a client assistance program brochure.
DWD 75.06 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.07
DWD 75.07
Time limit for hearing. A hearing shall be held within 45 days of the receipt of the hearing request by a hearing coordinator unless the hearing officer grants an extension for good cause at the request of either party.
DWD 75.07 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.08
DWD 75.08
Motions relative to a hearing. Motions shall be filed by the parties in writing as soon as possible and are expected at least 5 working days prior to a hearing. A motion shall state the grounds of the motion and the relief or order requested. Briefs, affidavits, documentary evidence and other papers in support of a motion shall be filed with the motion. The following are examples of common motions but motions are not limited to these examples:
