(b) In worker’s compensation cases, with the commission as provided in sub. (2), or in person with the department or hearings and appeals division as provided in s. LIRC 3.01. (c) In equal rights cases, with the department as provided in s. LIRC 4.01. A petition for review in equal rights cases may not be filed with the commission. (2) A petition for review filed with the commission under sub. (1) shall be filed with the commission by one of the following methods:
(a) On the commission’s website on the designated appeal form.
(b) By facsimile (fax) transmission to 608-267-4409.
(c) By mail to the commission’s office located at 3319 West Beltline Highway, P.O. Box 8126, Madison, Wisconsin 53708.
(d) In person at the commission’s office at 3319 West Beltline Highway, 2nd Floor, Madison, Wisconsin 53713.
(3) A petition for review may not be filed by email.
(4) A petition for review transmitted electronically through the website of the commission is not considered filed unless and until a message confirming that the petition has been successfully filed is displayed on the petitioner’s internet browser. The commission is not responsible for errors in transmission that result in failure of a petition to be successfully filed electronically through the website of the commission. A petition for review filed electronically through the internet website of the commission is considered filed on the date of filing stated on the commission’s electronic record of the filing.
(5) (a) A petition for review transmitted by facsimile (fax) is not considered filed unless and until the petition is physically received and printed at the facsimile machine of the commission to which the petition is being transmitted as provided in sub. (2) (b), or of the equal rights division to which the petition is being transmitted as provided in LIRC 4.01. The party transmitting a petition by facsimile is solely responsible for ensuring its timely receipt. The commission is not responsible for errors or failures in transmission.
(b) 1. Except as provided in subd. 2., a petition for review transmitted by facsimile is considered filed on the date of transmission recorded and printed by the facsimile machine on the petition.
2. In the case of a petition for review in equal rights cases, a facsimile transmission received after the regular business hours of the equal rights division shall be considered filed on the next business day. If the commission’s or equal rights division’s records indicate receipt of the facsimile at a date later than that shown, then the later date shall control.
(6) A petition for review filed by mail is considered filed only when it is physically received by the commission, except in any of the following cases:
(a) A petition for review in an unemployment insurance case that is filed by mail is considered filed when physically received or postmarked as provided in s. LIRC 2.015. (b) A petition for review that is filed by mail with the equal rights division as provided in s. LIRC 4.01 is considered filed when the petition is physically received by the equal rights division. (c) A petition for review that is mailed to the post office box of the commission or the equal rights division, and for which the sender provides proof of delivery to the post office box by mail tracking service, shall be considered filed on the same day as its physical receipt in the post office box if the mail tracking service documentation establishes that the petition was delivered to the post office box on or before 7:45 a.m., and shall be considered filed on the next business day if the mail tracking service documentation establishes that the petition was delivered after 7:45 a.m.
(7) A petition for review filed by personal delivery is considered filed when the petition is physically received by a state office authorized to accept personal delivery during regular business hours.
SECTION 6. LIRC 1.027 is renumbered LIRC 3.035 and amended to read:
LIRC 3.035 Answers. A party opposing a petition for commission review of an administrative law judge’s decision under s. 102.18, Stats., may file an answer with the commission within 21 days from the party’s receipt of a copy of the petition. A party filing an answer with the commission shall furnish a copy to the opposing party. SECTION 7. LIRC 1.03 is amended to read:
LIRC 1.03 Withdrawals. Requests A request to withdraw petitions a petition for review shall be in writing. The commission may deny a request by any party to withdraw a petition if the commission has already reviewed and decided the case, but not yet issued its decision, or if the commission considers that withdrawal is not in the best interests of the proper administration of the program involved. Denials of withdrawals shall be in writing, but and may be included in the findings and decision of the commission.
SECTION 8. LIRC 1.04 is repealed and recreated to read:
LIRC 1.04 Record used for review.
(1) Review by the commission is de novo and is based on the procedural record of the case, and the evidence submitted at hearing before the department or the hearings and appeals division. The record of the hearing testimony may be in the form of a written synopsis or transcript, and may include an audio recording of the testimony taken at the hearing. The synopsis or transcript shall be prepared by the commission, the department, the hearings and appeals division, or by an outside contractor from an audio recording of the hearing or from notes taken at the hearing by the administrative law judge or hearing examiner. A party may obtain a copy of the synopsis or transcript used by the commission as provided in s. LIRC 1.045. (2) The commission may base its review on a transcript of the hearing testimony provided by a party if a party timely requests in writing that the commission conduct its review on the basis of a transcript it will provide, the party certifies in the request that it has ordered preparation of a transcript at the party’s own expense, the party files a paper and electronic copy of the transcript with the commission and serves a copy of the transcript on all other parties, and the commission agrees upon review that the transcript is an accurate record of the hearing testimony.
(3) (a) Subject to par. (b), the commission may, without prior notice to the parties, take administrative notice of any of the following:
1. Any generally recognized fact or established technical or scientific fact having reasonable probative value.
2. Department records or information obtained from the department when necessary to confirm the effect of the commission’s decision on the amount of benefits due, overpaid, waived, or forfeited, or penalties imposed.
(b) In any case in which the commission took administrative notice under par. (a), a party may submit a written request within 14 days of the commission’s decision for an opportunity to provide written argument for any of the following reasons:
1. To challenge the propriety of taking administrative notice of department records or other information under par. (a).
2. To challenge the accuracy of a finding of fact that was the subject of administrative notice.
3. To provide rebuttal evidence regarding a finding of fact that was the subject of administrative notice.
(4) The commission may redact social security numbers and other personally identifiable information and declare all or parts of a document or other material or evidence to be confidential and closed to inspection by one or more parties, representatives, or others.
SECTION 9. LIRC 1.05 is amended to read:
LIRC 1.05 Hearings. If the commission determines that a record in a case is inadequate for the commission to arrive at a decision, the commission shall set aside the decision of the administrative law judge or hearing examiner and remand the case to the department of workforce development or hearings and appeals division to take additional evidence and issue a new decision, or remand the case to take additional evidence on behalf of the commission.
SECTION 10. LIRC 1.07 is amended to read:
LIRC 1.07 Briefs. Either A party may request that the commission to establish a briefing schedule. Requests A request to file briefs a brief may be made in the petition for review, in an answer, or in writing after the petition and answer has been filed. The commission may deny a request to file a brief which that is not made in a petition or answer if the commission has already reviewed the case but not yet issued its decision at the time the request is made but not yet issued its decision. Each A party may file with the commission briefs a brief or memorandamemorandum within the time limits of the a briefing schedule established by the commission. Requests A request for extensions an extension of time for filing briefs a brief shall be made in writing. Extensions An extension may be approved in writing upon good cause shown. A party filing a brief or memorandum with the commission shall furnish a copy to the opposing party.
SECTION 11. LIRC 1.08 is created to read:
LIRC 1.08 Reconsideration and requests to set aside decisions.
(1) A request for the commission to reconsider a decision, or to set aside any final determination or decision of an appeal tribunal, administrative law judge, or the commission, due to mistake or newly discovered evidence, shall be made in writing by one of the following methods:
(a) By facsimile (fax) transmission to 608-267-4409.
(b) By mail to the commission’s office at 3319 West Beltline Highway, P.O. Box 8126, Madison, Wisconsin 53708.
(c) In person at the commission’s office at 3319 West Beltline Highway, 2nd Floor, Madison, Wisconsin 53713.
(2) A request for reconsideration of a final commission decision does not toll the time to appeal a commission decision to the circuit court.
SECTION 12. LIRC ch. 2 (title) is amended to read: UNEMPLOYMENT COMPENSATION INSURANCE
SECTION 13. LIRC 2.01 is repealed and recreated to read:
LIRC 2.01 Petitions for review; where and how filed. A petition for review of an appeal tribunal decision under s. 108.09 or 108.10, Stats., shall be filed with the commission as provided in s. LIRC 1.025 (2). An out-of-state claimant also may file a petition for review with a qualified employee of the agent state in which the out-of-state claimant files his or her interstate claim. SECTION 14. LIRC 2.015 (intro.) and (1) to (7) are amended to read:
LIRC 2.015 Timeliness of petitions. For purposes of s. 108.09 (6) (a), Stats., the words Petitions for review are considered “received” and or “postmarked” have the following meanings as follows: (1) If the petition for review is personally delivered, the petition is considered “received” when the division of unemployment insurance of the department or the commission physically receives the petition.
(2) If the petition for review is mailed and bears only a United States postal service postmark, the petition is considered “postmarked” on the date of that postmark.
(3) If the petition for review is mailed and bears both a United States postal service postmark and a private meter mark, the petition is considered “postmarked” on the date of the United States postal service postmark.
(4) If the petition for review is mailed and bears only a private meter mark, the petition is considered “postmarked” on the date of that mark, unless it appears that the private meter mark is not accurate.
(5) If the petition for review is mailed and bears no mark, or bears an illegible or inaccurate mark, the petition is considered “postmarked” 2 business days prior to the date the petition was physically received by the division of unemployment insurance of the department or the commission if the point of origin of the petition is within the State of Wisconsin, and 3 business days if the point of origin is outside the state.
(6) If the petition for review is sent using a delivery service other than the United States postal service, and bears a delivery service mark which is the equivalent of a United States postal service postmark, the petition is considered “postmarked” on the date of that delivery service mark.
(7) If the petition for review is sent using a delivery service other than the United States postal service, and does not bear a delivery service mark which is the equivalent of a United States postal service postmark, or bears an illegible or inaccurate delivery service mark, the petition is considered “postmarked” 2 business days prior to the date the petition was physically received by the division of unemployment insurance of the department or the commission.
SECTION 15. LIRC 2.05 is repealed and recreated to read:
LIRC 2.05 Actions for judicial review. Judicial review of any commission decision under s. 108.09 or 108.10, Stats., shall be commenced in the manner and upon the grounds specified in s. 108.09 (7), Stats., and not under ch. 227 or s. 801.02, Stats. A party or the department may commence a legal action for review of the commission decision in circuit court within 30 days from the date of the commission’s decision. The action is commenced only by filing a summons and a complaint with the circuit court and serving an authenticated copy of the summons and a copy of the complaint upon the commission, all within 30 days. Service shall be made upon a commissioner or an agent authorized by the commission to accept service only at the commission’s office in Madison. Service shall be considered completed service on all parties, but there shall be left with the person so served as many copies of the authenticated summons and copies of the complaint as there are defendants. Service by mail is effective only if the pleadings are physically received by the commission at its office in Madison within the appeal period. The complaint shall state the grounds upon which review is sought. For plaintiffs other than the department, the summons and complaint shall name as defendants the commission, the department, and every other party to the proceedings before the commission. When the plaintiff is the department, the summons and complaint shall name as defendants the commission, and every other party to the proceedings before the commission. The proceedings shall be in the circuit court of the county where the plaintiff resides except that, if the plaintiff is the department, the proceedings shall be in the circuit court of the county where a defendant other than the commission resides. The proceedings may be brought in any circuit court if all parties appearing in the case agree, or if the court, after notice and a hearing, so orders. SECTION 16. LIRC 2.05 (Note) is created to read:
Note: The commission has answers to frequently asked questions about appealing a commission unemployment insurance decision to the circuit court and sample pleadings available on its website at http://lirc.wisconsin.gov/uihowtoappeal.htm. SECTION 17. LIRC 3.01 is repealed and recreated to read:
LIRC 3.01 Petitions for review; where and how filed. A petition for review of the findings or order of an administrative law judge under s. 102.18, Stats., shall be filed with any of the following, but only in the manner provided: (2) In person at a department worker’s compensation office or an office of the hearings and appeals division.
SECTION 18. LIRC 3.04 is amended to read:
LIRC 3.04 Compromise settlements. Compromise settlements of worker’s compensation claims are governed by s. 102.16, Stats., and s. DWD 80.03. Under s. 102.18 (4) (d), Stats., if a compromise is reached while a case is pending commission review, the compromise shall be submitted to the commission, and the commission shall remand the case to the worker’s compensation division of the department or the hearings and appeals division, as appropriate, for consideration of the compromise. If the compromise is not approved, the party who filed the petition for commission review may reinstate its petition by notifying the commission. Under s. 102.24 (2), Stats., if a compromise is reached while a case is pending court review of a commission order, remand shall be to the commission and the commission shall then remand the case to the department or the hearings and appeals division, as appropriate, for consideration of the compromise. SECTION 19. LIRC 3.05 is amended to read:
LIRC 3.05 Actions for judicial review. Judicial review of any commission decision shall be commenced in the manner and upon the grounds specified in s. 102.23, Stats., and not under ch. 227, Stats., or s. 801.02, Stats. Either A party may commence a legal action for review of the commission decision in circuit court. The action must shall be commenced within 30 days from the date of the decision. Such The action is commenced only by filing a summons and a complaint with the circuit court and serving an authenticated copy of the summons and a copy of the complaint upon the commission, all within 30 days. Service must shall be made upon a commissioner of the labor and industry review commission or an agent authorized by the commission to accept service only at the commission’s office in Madison. Such service Service shall be deemed considered complete service on all parties but there shall be left with the person so served as many copies of the authenticated summons and copies of the complaint as there are defendants. Service made by mail is effective only if the pleadings are actually physically received by the commission at its office in Madison within the appeal period. The complaint shall state the grounds upon which review is sought. The action shall be commenced against the commission, and the party in whose favor the order or award was made shall also be made a defendant. The summons and complaint shall name the party commencing the action as the plaintiff, and shall name as defendants the commission and all other parties identified by the commission in its decision as parties that must be made defendants. The proceedings shall be in the circuit court of the county where the plaintiff resides, except that, if the plaintiff is a state agency, the proceedings shall be in the circuit court of the county where the a defendant resides. If the plaintiff is a nonresident of Wisconsin, the proceedings shall be in the circuit court for the county where the claim arose. The proceedings may be brought in any circuit court if all parties stipulate and that court agrees. SECTION 20. LIRC 3.05 (Note) is created to read:
