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:
DWD 75.14(1)(a)
(a) Formulate a statement of the issue or issues presented by an appeal.
DWD 75.14(1)(d)
(d) Clarify any other issues to be considered or excluded from a hearing.
DWD 75.14(2)
(2) Participation. The administrator's representative shall participate in the prehearing interview. If the appellant fails to participate in a prehearing interview without prior notice, the hearing officer shall continue the prehearing interview period for 5 working days. During this period the appellant may file a good cause explanation and request that the prehearing interview be rescheduled. If a motion is not filed within 5 working days, the hearing officer shall schedule the hearing within the 45 day limit and notify the parties and the hearing coordinator of this decision. The administrator may review this decision as provided in
s. DWD 75.19.
DWD 75.14(3)
(3) Hearing not delayed by participation in a prehearing interview. Participation in a prehearing interview shall not delay a hearing and does not affect time limits under this chapter. The parties shall not forfeit any rights under this chapter by participating in a prehearing interview or meeting to reach agreement prior to a hearing.
DWD 75.14 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.15
DWD 75.15
Agreement prior to a hearing. DWD 75.15(1)
(1) Notice of agreement. If the parties reach agreement prior to a hearing, the hearing officer shall notify the parties by certified mail that the issue has been resolved by mutual agreement and is dismissed without prejudice. The dismissal notice shall include a brief summary of the agreement between the parties and advise the parties that failure to meet the conditions of the agreement shall be grounds for a new hearing request.
DWD 75.15(2)
(2) If proposed settlement rejected. If either party rejects a proposal prior to a scheduled hearing, the scheduled hearing shall be held without additional notice.
DWD 75.15 History
History: Cr.
Register, December, 1996, No. 492, eff. 1-1-97.
DWD 75.16(1)(1)
Hearing is closed. A hearing shall be closed to the public as a confidential matter under the act unless the appellant files a motion to open the hearing at least 5 working days in advance of the scheduled hearing.
DWD 75.16(2)
(2) Hearing not a court. The hearing officer is not bound by the rules of evidence and customary procedures of a court of law. However, the hearing officer shall adhere to the hearing procedures in this section unless there is good cause and shall document, on the record of the hearing, the reasons for deviation from any procedure required under this chapter.
DWD 75.16(3)
(3) Attendance at a hearing. Parties and witnesses shall attend a scheduled hearing unless a motion has been filed with the hearing officer at least 5 days prior to the hearing stating reasonable cause for an individual to participate in the hearing by a live, real time electronic means as an alternative to a appearing in person. The hearing officer may grant the request if the other party has no objection.
DWD 75.16(4)
(4) Testimony by witnesses. Witnesses may testify in person by answering questions posed to them, in narrative form, or by deposition provided that the witness agrees in advance, as part of the deposition, to permit the recording of the testimony and any subsequent cross-examination and the witness understands that he or she may be subpoenaed to appear by the hearing officer based on the information in the deposition. Requests for testimony by witnesses by deposition or electronic means shall be filed with the hearing officer at least 5 days prior the hearing date. The hearing officer may grant the request if the other party does not object provided that the witness agrees in advance, on the record, to permit the recording of his or her telephone testimony and any subsequent cross-examination.
DWD 75.16(5)
(5) Identification of witnesses and exhibits. Each party shall file lists of witnesses and copies of exhibits not previously identified in the prehearing conference with the hearing officer and the other party at least 5 working days prior to a scheduled hearing.
DWD 75.16(6)(a)(a)
Tape recording. The hearing officer shall record the hearing on tape. The appellant may obtain one free copy of the tape from the hearing coordinator. No other tape recording of the hearing is permitted
DWD 75.16(6)(b)
(b)
Transcript. Transcripts of the hearing record may be provided at the expense of the requestor. However, a party who cannot, due to a disability, use the free copy of the tape provided in
s. DWD 75.17 may file a written request with the hearing coordinator for a copy of the record in a different media as a reasonable accommodation.
DWD 75.16(7)
(7) Opening statement by hearing officer. The hearing officer shall open the hearing with a brief statement of the date, the location of the hearing, the issues, the parties directly involved in the hearing and the standard procedures, and shall remind all participants that all personally identifiable information made available for the hearing is confidential.
DWD 75.16(8)(a)(a) The hearing officer shall determine if the parties and announced witnesses are present. The hearing officer may admit other individuals to the hearing for good cause at the request of either party.
DWD 75.16(8)(b)
(b) If either party fails to appear at a hearing without prior notice, the hearing officer shall immediately reschedule the hearing to a date at least 5 working days after the current date to allow the absent party to explain the absence. The hearing officer shall notify the parties and the hearing coordinator by certified mail of the new hearing date and the reason for rescheduling the hearing. If the appellant fails to appear at the rescheduled hearing, the hearing officer shall dismiss the appeal. This dismissal shall not be construed as violation of the 45 day limit for holding a hearing since the hearing was scheduled and held but the appellant did not appear to present his or her arguments. The administrator may review this decision as provided in
s. DWD 75.19.
DWD 75.16(9)
(9) Admissibility of evidence or testimony. At the request of either party, the hearing officer may exclude testimony or evidence. The hearing officer may also exclude immaterial, irrelevant or unduly repetitious testimony. A decision to exclude evidence or testimony shall be made on the record and shall include the rationale and arguments used by the hearing officer to exclude the material. The hearing officer may issue reserved rulings on evidence and determine, before the close of the hearing, if the material will be considered in his or her decision.
DWD 75.16(10)
(10) Administering oath. The hearing officer shall swear in the parties and all witnesses. After the roll call, witnesses shall be present in the hearing room only while giving testimony.
DWD 75.16(11)
(11) Cross-examination. Cross-examination is not limited to matters to which a party or witness testified on direct examination.
DWD 75.16(12)
(12) Preliminary statements by the parties. The hearing officer shall ask the parties to state their names for the record.
DWD 75.16(13)
(13) Request for direct testimony, evidence and arguments. DWD 75.16(13)(a)(a) The hearing officer shall ask the parties to present written and oral statements regarding the facts, issues and desired outcome of the hearing. This includes new information which may not have been available when the original request for a hearing was filed.
DWD 75.16(13)(b)
(b) Witnesses may testify either by answering questions posed to them or in narrative form. Written or electronic depositions may also be used with the understanding that a witness may be asked or subpoenaed to appear by the hearing officer based on the information in the deposition.
