Summary of factual data and analytical methodologies.
The commission established a team to conduct a Value Stream Mapping (VSM) event to identify potential problems and provide suggestions to improve the commission’s workflow. The team included the commission chairperson, the general counsel, the office manager, and several attorneys and support staff. The VSM identified areas for improvement in the efficient processing of petitions to the commission and the commission case review process. Process improvements and technological changes were subsequently made that improved the speed and efficiency of processing cases before the commission. The VSM also identified several procedural rule changes that would improve processing cases and establish consistencies in processing cases in the various program areas with which the commission works. A workgroup was established to review all commission procedural rules and make recommendations for changes. The workgroup consisted of one commissioner, the general counsel, the office manager, and several attorneys with special expertise in each program area. The rules workgroup created draft proposed rules, which the commission approved.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis.
The commission’s procedural rules apply uniformly to all parties with cases before the commission, and do not establish regulatory standards, or compliance or reporting requirements for businesses. The rules do not have any direct economic effect on small businesses, and no discernible indirect economic effects on small businesses.
Effect on small business.
The procedural rule changes are not anticipated to have an economic effect on small businesses.
Fiscal estimate and economic impact analysis.
The proposed rules are procedural and modify and clarify where and how petitions for commission review may be filed and how the commission conducts its review. There are no anticipated fiscal impacts on state funds, or the liability and revenues of any county, city, village, town, school district, technical college district, or sewer district. The commission’s rules apply uniformly to all parties with cases being reviewed by the commission and do not establish regulatory standards, or compliance or reporting requirements for businesses. The proposed rules will have no economic impact locally or statewide. See attached form DOA-2049.
Agency contact person. Comments may be submitted to:
Maria Gonzalez Knavel, General Counsel, Labor and Industry Review Commission, 3319 West Beltline Highway, P.O. Box 8126, Madison, WI 53708, (608) 266-3188, maria.gonzalezknavel@wisconsin.gov. TEXT OF RULE
SECTION 1. LIRC 1.01 is amended to read:
LIRC 1.01 General. The labor and industry review commission has jurisdiction for to review of cases arising under ss. 40.65 (2), 66.191, 1981 Stats., ss. 102.18 (3) and (4), 103.06 (6), 106.52 (4), 106.56 (4), 108.09 (6), 108.10 (2) and (3), 111.39 (5) (a), 303.07 (7) and 303.21, Stats. SECTION 2. LIRC 1.015 is repealed and recreated to read:
LIRC 1.015 Definitions. As used in chs. LIRC 1 to 5: (1) “Commission” means the Wisconsin labor and industry review commission.
(2) “Commissioner” means a member of the commission.
(3) “Department” means the Wisconsin department of workforce development unless otherwise indicated.
(5) “Equal rights division” means the division of equal rights of the department created by s. 15.223, Stats. (6) “Hearings and appeals division” means the Wisconsin department of administration division of hearings and appeals created by s. 15.103(1), Stats. (7) “Petition” means a written appeal to the commission to review a decision of an appeal tribunal of the department for unemployment insurance and worker classification compliance cases, a decision of an administrative law judge of the department or hearings and appeals division for worker’s compensation cases, or a decision of an administrative law judge or hearing examiner of the department for equal rights cases.
(8) “Unemployment insurance case” means a case in which the commission has jurisdiction under s. 108.09 (6), or 108.10 (2) or (3), Stats. (9) “Unemployment insurance division” means the division of unemployment insurance of the department.
(10) “Worker classification compliance case” means a case in which the commission has jurisdiction under s. 103.06 (6), Stats. (12) “Worker’s compensation division” means the division of worker’s compensation of the department.
SECTION 3. LIRC 1.02 (intro.) is amended to read:
LIRC 1.02 Petitions for review; appeal period. All petitions A petition for commission review shall be filed within 21 days from the date of the mailing or electronic delivery of the findings and decision or order, except that the petition may be filed on the next business day if the 21st day falls on any of the following:
SECTION 4. LIRC 1.02 (10) is created to read:
LIRC 1.02
(10)
Any other day the state office where the petition for review may be filed is officially closed.SECTION 5. LIRC 1.025 is repealed and recreated to read:
LIRC 1.025 Petitions for review; where and how filed.
(1) A petition for review shall be filed as follows:
(a) In unemployment insurance and worker classification compliance cases, with the commission as provided in sub. (2).
(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.
