Register January 2011 No. 661
Chapter PC 3
FILING APPEALS
PC 3.01 Time limits and address for filing appeals.
PC 3.02 Fees for filing appeals.
PC 3.04 Notice to respondents.
PC 3.01
PC 3.01
Time limits and address for filing appeals. All appeals shall be filed according to the appropriate time limits established by statute or rule and shall be filed at the office of the commission. The time limit for filing any appeals with the commission pursuant to s.
230.45 (1) (d), Stats., shall be 30 days after the effective date of the action, or 30 days after the appellant is notified of the action, whichever is later.
PC 3.01 Note
Note: The mailing address of the commission is:
PC 3.01 Note
Wisconsin Employment Relations Commission
PO Box 7870
Madison WI 53707-7870
PC 3.01 Note
The physical address of the commission is:
PC 3.01 Note
Wisconsin Employment Relations Commission
1457 East Washington Avenue
Suite 101
Madison, Wisconsin
PC 3.01 NoteAccording to s.
230.44 (3), Stats., appeals filed under s.
230.45 (1) (a), Stats., "may not be heard unless the appeal is filed within 30 days after the effective date of the action, or within 30 days after the appellant is notified of the action, whichever is later..."
PC 3.01 NoteDecisions grieved to the commission as the final step arbiter under s.
230.45 (1) (c), Stats., must, according to s.
ER 46.07 (2), "be filed within 30 calendar days after service of a decision issued at the third step of the grievance procedure... or within 30 calendar days after the last day on which the employer could have served a timely decision, whichever is sooner."
PC 3.01 NoteAppeals filed under s.
230.45 (1) (d), Stats., of denials of claims for leave with pay due to hazardous duty injury must, according to s.
ER 28.06, be filed "within 30 calendar days after being notified of such decision or within 30 calendar days from the effective date of the decision, whichever is later."
PC 3.01 History
History: Cr.
Register, August, 1987, No. 380, eff. 9-1-87; am.
Register, May, 1996, No. 485, eff. 6-1-96; correction made under s.
13.92 (4) (b) 7., Stats.,
Register January 2011 No. 661.
PC 3.02
PC 3.02
Fees for filing appeals. PC 3.02(1)
(1) Notwithstanding s.
230.44 (3), Stats., and
s. PC 3.01, payment of a fee or filing of a hardship affidavit in lieu of fee payment is required for appeals subject to the fee payment of s.
230.45 (3), Stats.
PC 3.02 Note
Note: Appeals subject to the fee payment of s.
230.45 (3), Stats., include appeals filed under:
PC 3.02 Note1) s.
230.44 (1) (a), Stats. (relating to personnel decisions made or delegated by the administrator of the Division of Merit Recruitment and Selection),
PC 3.02 Note2) s.
230.44 (1) (b), Stats. (relating to personnel decisions made or delegated by the Director of the Office of State Employment Relations — including classification decisions),
PC 3.02 Note4) s.
230.45 (1) (e), Stats. (relating to the county merit system rules under s.
49.50, Stats.).
PC 3.02 Note
Note: Section 230.45 (1) (e), Stats., was repealed by
2009 Wis. Act 212.
PC 3.02(2)
(2) Except as provided under
sub. (6), the commission may take no action to resolve an appeal for which the payment of a fee is required until the commission receives the fee or hardship affidavit as required under this section.
PC 3.02(3)(a)(a)
Fee amount. Except as provided for hardship cases in
subs. (4) and
(5), the fee for filing an appeal with the commission is $50.00.
PC 3.02(3)(b)
(b)
How fees are paid. Fees shall be paid by money order, certified check, cashier's check or bank check made payable to the "State Treasurer of Wisconsin" and must be received, whether in person or by mail, at the commission's offices. Fees may not be paid in cash, by personal check or in installments.
PC 3.02 Note
Note: The fee requirements of this section apply to each appellant who submits an appeal, whether such submission is alone or in conjunction with other appellants.
PC 3.02(4)(a)(a)
Income definition. "Income" means total annual cash receipts before taxes from all sources, including but not limited to: money wages before any deductions; net receipts from self-employment; regular payments from social security, retirement, unemployment compensation, workers' compensation, veterans' payments, and public assistance; alimony; child support; college or university scholarships, grants, fellowships and assistantships; and net rental income. Excluded are noncash benefits such as the employer-paid portion of health insurance or other employee fringe benefits, food or housing received in lieu of wages, and such noncash federal benefit programs as food stamps, school lunches and housing assistance.
PC 3.02(4)(b)
(b)
The hardship exception. An appellant may qualify for a hardship exception if either of the following conditions are met:
PC 3.02(4)(b)1.
1. The appellant's income is at or lower than the federal poverty level as defined by the federal department of labor under
42 USC 9902 (2), and where the appellant has cash resources totalling exactly or less than one month's rent and food for appellant's family.
PC 3.02(4)(b)2.
2. Similar circumstances exist which demonstrate that appellant is unable to pay the filing fee without suffering severe financial hardship.
PC 3.02 Note
Note: The 1995 poverty guidelines were published in the Federal Register, Vol. 60, #27, Thursday, February 9, 1995. The poverty level for a family unit of one was set at $7,470, with an additional $2,560 added for each additional family member.
PC 3.02(4)(c)
(c)
Entitlement to the hardship exception. An appellant may demonstrate entitlement to the hardship exception by completing and timely filing a notarized affidavit stating that the appellant meets one of the conditions set forth in
par. (b).
PC 3.02(4)(d)
(d)
Penalty for affidavit made in bad faith. The commission may dismiss an appeal on the merits if it determines that the appellant falsified a hardship affidavit to avoid payment of the filing fee.
PC 3.02 Note
Note: Falsification of a hardship affidavit also might be considered as a Class D felony, under s.
946.31 (1) (e), Stats.
PC 3.02(5)(a)(a)
Requirements at time of filing. Except as provided under
par. (b), the fee or the hardship affidavit for filing an appeal shall be received by the commission at the time the appeal is filed.
PC 3.02(5)(b)1.1. If an appeal is filed without each appellant enclosing either the fee payment or hardship affidavit, the commission shall send each remiss appellant a letter advising of the requirement to either pay the fee or to submit a hardship affidavit.
PC 3.02(5)(b)2.
2. A fee payment meeting the requirements of
sub. (3) (a) and
(b), received by the commission within 30 days of the date appearing on the commission's letter mailed under
subd. 1., will be considered a timely paid fee. Alternatively, a hardship affidavit meeting the requirements of
sub. (4) (b) and
(c) received by the commission within 30 days of the date appearing on the commission's letter will be considered to meet the requirements of this section.
PC 3.02(5)(c)1.1. An appellant whose initial hardship affidavit does not meet the requirements of this section shall be sent a letter from the commission which provides an opportunity to resubmit.
PC 3.02(5)(c)2.
2. A hardship affidavit meeting the requirements of
sub. (4) (b) and
(c) received by the commission within 30 days of the date appearing on the commission's letter mailed under
subd. 1., shall be considered to meet the requirements of this section. Alternatively, a fee payment meeting the requirements of
sub. (3) (a) and
(b), which is received by the commission within 30 days of the date appearing on the commission's letter shall be considered to meet the requirements of this section.
PC 3.02(6)
(6) Effect of failing to timely file fee payment or hardship affidavit. The commission shall dismiss without prejudice the appeal of any appellant who has failed to submit the required fee payment or hardship affidavit within the time limits under
sub. (5).
PC 3.02(7)
(7) Refiled appeals. The filing date for an appeal which is refiled after dismissal under
sub. (6), shall be determined by the date upon which the commission receives the refiled action rather than the filing date of the initial appeal.
PC 3.02 Note
Note: For example, where an initial appeal was filed on January 7, 1995, and was later dismissed by the commission for nonpayment of fees, the filing date for the refiled appeal would be the date the commission receives the refiled appeal, rather than January 7, 1995.
PC 3.02 History
History: Cr.
Register, May, 1996, No. 485, eff. 6-1-96.
PC 3.03(1)(1)
Form and content. All appeals shall be in writing. Otherwise, there is no form that is to be used for filing an appeal. Appeals are not required to conform to any technical requirements except they shall identify the appellant. However, appeals should also contain the following:
PC 3.03(1)(a)
(a) The appellant's address and telephone numbers at work and at home.
PC 3.03(1)(b)
(b) The name of the state agency that took the personnel action being appealed.
PC 3.03(1)(d)
(d) The reason the appellant believes the action to be improper.
