Register July 2014 No. 703
Chapter DWD 140
UNEMPLOYMENT INSURANCE APPEALS
DWD 140.001   Definitions.
DWD 140.01   Hearings and appeals.
DWD 140.02   Representation of parties.
DWD 140.03   Notice of pending appeal.
DWD 140.04   Failure to file a timely appeal.
DWD 140.05   Withdrawal of appeal and retraction.
DWD 140.06   Notice of hearing; contents; to whom sent; issues not on notice of hearing; consolidation of issues.
DWD 140.07   Prehearing conference.
DWD 140.08   Postponement of hearings.
DWD 140.09   Access to hearing files; limited discovery; inspection of records.
DWD 140.10   Subpoenas; issuance and service; modification.
DWD 140.11   Telephone hearings.
DWD 140.12   Stipulations.
DWD 140.13   Parties who fail to appear; general provisions.
DWD 140.15   Hearing procedure; order of witnesses; public hearing and exclusion of certain persons; oral decisions.
DWD 140.16   Admissibility of evidence; administrative notice.
DWD 140.17   Form of decision.
DWD 140.18   Fees for representation of parties.
DWD 140.19   Departmental assistance for persons with disabilities and hearing impairments.
DWD 140.20   Witness and interpreter fees; travel expenses.
DWD 140.21   Transcripts and recordings.
DWD 140.22   Standard affidavit form.
Ch. DWD 140 Note Note: Chapter Ind-UC 140 as it existed on November 30, 1985 was repealed and a new chapter ILHR 140 was created effective December 1, 1985. Chapter ILHR 140 was renumbered Chapter DWD 140 under s. 13.93 (2m) (b) 1., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1997, No. 498.
DWD 140.001 DWD 140.001 Definitions.
DWD 140.001(1)(1) In general. Except as provided in sub. (2), the definitions in ch. DWD 100 apply to this chapter.
DWD 140.001(2) (2)In this chapter. Notwithstanding ch. DWD 100, the following words and phrases have the designated meanings:
DWD 140.001(2)(ag) (ag) "Affiant" means a person who swears to an affidavit.
DWD 140.001(2)(am) (am) "Affidavit" means a written statement sworn under oath before a notary public or other person authorized by law to verify sworn statements and must be based upon personal knowledge or upon information and belief.
DWD 140.001(2)(ar) (ar) "Division" means the unemployment insurance division of the department of workforce development.
DWD 140.001(2)(b) (b) "Representative" means any attorney or agent who the department has notice is authorized to represent any party.
DWD 140.001 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; r. and recr. (7), r. (8), Register, May, 1993, No. 449, eff. 6-1-93, r. (intro.), (2), (3) and (6), renum. (1) and (5) to 100.02 (1) and (32) and am., renum. (4) and (7) to (2) (a) and (b) and am. (b), cr. (1), (2) (title) and (intro.), Register, September, 1995, No. 477, eff. 10-1-95; am. (2) (a), Register, June, 1997, No. 498, eff. 7-1-97; CR 13-106: am. (1), (2) (intro.), renum. (2) (a) to (ar), cr. (2) (ag), (am) Register July 2014 No. 703, eff. 8-1-14.
DWD 140.01 DWD 140.01 Hearings and appeals.
DWD 140.01(1) (1) Appeal rights. Any party to a determination issued under ss. 108.09 or 108.10, Stats., has the right to an appeal. An appeal as to any matter in a determination is a request for hearing and shall be filed with the department by the appellant or its representative. Each determination issued under ss. 108.09 or 108.10, Stats., shall specify the time limit within which any appeal is required to be filed with the department under ch. 108, Stats.
DWD 140.01(2) (2)Time limit for filing.
DWD 140.01(2)(a)(a) An appeal shall be filed after a copy of the determination is mailed or given to a party, whichever first occurs, as specified under ss. 108.09 or 108.10, Stats. If a party first receives a determination after the statutory appeal period has expired and through no fault of that party, the statutory appeal period as specified under ss. 108.09 or 108.10, Stats., shall extend from the date the party receives the determination. An appeal received within these time limits is timely filed. If the deadline for filing an appeal falls on a Saturday, Sunday, any of the holidays enumerated under ss. 230.35 (4) (a) and 995.20, Stats., or any other day on which mail is not delivered by the United States postal service, then the deadline shall be extended to include the next business day.
DWD 140.01(2)(b) (b) An appeal shall be filed with any of the following:
DWD 140.01(2)(b)1. 1. An unemployment insurance office.
DWD 140.01(2)(b)2. 2. A hearing office.
DWD 140.01(2)(b)3. 3. The central administrative office of the bureau of legal affairs, unemployment insurance division, department of workforce development.
DWD 140.01(2)(b)4. 4. An appeal by an interstate claimant may also be filed at a public employment office in the agent state under s. 108.14 (8), Stats., in the manner prescribed for timely filing with the department under this section.
DWD 140.01(2)(c) (c) An appeal shall be considered filed on the earliest of the following dates:
DWD 140.01(2)(c)1. 1. The date on which the department actually receives the written appeal.
DWD 140.01(2)(c)2. 2. If the appeal was mailed and bears only a United States postal service postmark, on the date of that postmark.
DWD 140.01(2)(c)3. 3. If the appeal was mailed and bears both a United States postal service postmark and a private meter mark, on the date of the United States postal service postmark.
DWD 140.01(2)(c)4. 4. If the appeal was mailed and bears only a private meter mark, on the date of the of the private meter mark.
DWD 140.01(2)(c)5. 5. If the appeal was mailed and bears no United States postal service postmark, no private meter mark, or an illegible mark, 2 business days prior to the date the appeal was actually received by the department.
DWD 140.01(2)(c)6. 6. If the appeal was sent using a delivery service other than the United States postal service, on the date the department actually receives the appeal.
DWD 140.01(2)(c)7. 7. If the appeal was faxed, the date of transmission recorded on the faxed appeal. If the fax is received without a date of transmission recording, the date actually received by the department is presumed to be the date of transmission.
DWD 140.01 Note Note: The address for the central administrative office of the bureau of legal affairs, unemployment insurance division, department of workforce development, is 201 E. Washington, room 331X, P.O. Box 8942, Madison, Wisconsin 53708-8942.
DWD 140.01 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; r. and recr., Register, June, 1997, No. 498, eff. 7-1-97; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 2000, No. 537; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618.
DWD 140.02 DWD 140.02 Representation of parties. Any party may appear on the party's own behalf at any hearing under this chapter or appear with or by a representative. The representative shall be presumed to have full authority to act on behalf of the party, including the authority to file or withdraw an appeal. The representative shall have authority to act on behalf of the party until the party or the representative terminates the representative's authorization and notifies the department that such representation has ended. No attorney whose license is suspended or who has been otherwise disbarred and prohibited from practicing law by the courts or bar association of any state may be allowed to act as a representative at any hearing under this chapter.
DWD 140.02 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. (3) (intro.), (b) and (n), Register, November, 1988, No. 395, eff. 12-1-88; r. and recr., Register, June, 1997, No. 498, eff. 7-1-97.
DWD 140.03 DWD 140.03 Notice of pending appeal. The department shall promptly notify the parties in writing of the appeal after an appeal is received. The notice may also contain any information concerning the hearing which the department considers relevant.
DWD 140.03 History History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. Register, June, 1997, No. 498, eff. 7-1-97.
DWD 140.04 DWD 140.04 Failure to file a timely appeal.
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