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:
DWD 75.08(1)
(1) Motion to extend time limits. A motion to extend any time limit, including the 45 day time limit for holding a hearing shall be filed with the hearing officer.
DWD 75.08(2)
(2) Motion to dismiss a hearing request for lack of subject matter jurisdiction. A motion to dismiss a hearing request on the grounds that the division does not have subject matter jurisdiction may be filed at any time with the hearing officer.
DWD 75.08(3)
(3) Motion to amend a hearing request. A motion to expand or restrict the nature or scope of the hearing shall be filed with the hearing officer.
DWD 75.08(4)
(4) Motion to withdraw a hearing request. An appellant may withdraw from the appeal process at any time. If the appellant has made a verbal request to withdraw and a motion has not been filed with the hearing officer within 10 days, the hearing officer shall act on the verbal request and issue a decision.
DWD 75.08(5)
(5) Motion for a substitute hearing officer. Either party may file a motion for a substitute hearing officer for reasons of conflict of interest, bias or qualifications. A motion for a substitute hearing officer shall be filed with the hearing coordinator. The hearing coordinator shall immediately forward the request with his or her recommendation to the administrator with a copy of any relevant comments regarding that hearing officer's performance. If the motion is granted, the hearing coordinator shall assign a different hearing officer. The hearing coordinator shall forward a copy of any administrator's comments regarding the performance of that hearing officer to the division contract administrator as comments on hearing officer's performance under a contract.
DWD 75.08 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.09
DWD 75.09
Identification of a representative. DWD 75.09(1)(1)
Administrator's representative. The administrator shall designate a representative for each hearing.
DWD 75.09(2)
(2) Appellant's representative. Designation of a representative is optional for the appellant. An appellant may select any responsible adult as a representative or, as permitted under federal law, an appellant may ask the Wisconsin client assistance program to provide assistance in resolving the disagreement, including preparing the request for a hearing or serving as the appellant's representative.
DWD 75.09(3)
(3) Notice of representation. Notice of representation shall be filed with the hearing officer as part of the prehearing interview or at least 5 working days in advance of the scheduled hearing. If an appellant's representative has been properly designated prior to a hearing request, that designation shall be valid for a hearing unless revoked by the appellant. If the appellant is not present at a hearing to introduce a representative, the hearing officer may require the representative to present identification before the hearing may proceed.
DWD 75.09 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.10(1)(1)
Documents filed with representative. If a party has designated a representative, all correspondence and other documents related to the hearing shall be mailed to the representative. For documents sent by mail, the date the document is received by the addressee named in this chapter determines the date of filing.
DWD 75.10(2)
(2) Filing in person. For papers filed in person, the date the addressee named in this chapter receives the document determines the filing date.
DWD 75.10(3)
(3) Document exchange. Filing of any document with the hearing officer or the hearing coordinator constitutes a certification that a copy of the document has been served on the other parties.
DWD 75.10 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.11
DWD 75.11
Services while a hearing officer's decision is pending. Pending the decision of a hearing officer, the department may not suspend, reduce or terminate services under an IWRP unless the services were obtained through misrepresentation, fraud, collusion or criminal conduct.
DWD 75.11 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.12
DWD 75.12
Hearing officer qualifications. A hearing officer shall be knowledgeable about the delivery of rehabilitation services, the requirements of the state plan for services under the act, the rules governing the provision of the services and the procedures for conducting an impartial hearing, but may not:
DWD 75.12(1)
(1) Be an employe of the division or other public agency involved in any decision about furnishing or denying vocational rehabilitation services except as an administrative law judge, a hearing examiner or an employe of an institution of higher education. An individual is not considered an employe of the division solely because the individual is paid by the division to serve as a hearing officer.
DWD 75.12(2)
(2) Be a member of the state rehabilitation planning advisory council.
DWD 75.12(3)
(3) Have been involved in previous decisions regarding the vocational rehabilitation of the appellant.
DWD 75.12(4)
(4) Have any personal or financial interest that may conflict with the hearing officer's obligation to be objective.
DWD 75.12 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.13
DWD 75.13
Authority of the hearing officer. DWD 75.13(1)
(1) The hearing officer shall conduct a prehearing interview, may receive and act on motions under
s. DWD 75.08, may use the power of subpoena under s.
885.01, Stats., and may contact any party prior to a scheduled hearing to obtain needed information or to suggest mediation if the parties agree that agreement is possible prior to the hearing. The parties retain all rights under this chapter regardless of their participation or nonparticipation in mediation.
DWD 75.13(2)
(2) The hearing officer shall control the course and conduct of the hearing to ensure that all required procedures are followed, that the parties are fairly represented and that the issues are presented clearly and briefly.
DWD 75.13(3)
(3) The decision of the hearing officer is final except when the administrator acts under
s. DWD 75.19 to change the decision.
DWD 75.13 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.14(1)
(1)
Purpose. The hearing officer shall ask the parties to participate in a prehearing interview to do one or more of the following:
