SB684,13,2420 108.04 (8) (d) (intro.) An employee shall have good cause under par. (a) or (c),
21regardless of the reason articulated by the employee for the failure, if the department
22determines that the failure involved work at
With respect to the first 6 weeks after
23the employee became unemployed, "suitable work," for purposes of par. (a), means
24work to which all of the following apply:
SB684,14,6
11. The work does not involve a lower grade of skill or significantly lower rate
2of pay
than that which applied to the employee on one or more of his or her most
3recent jobs, and that the employee had not yet had a reasonable opportunity, in view
4of labor market conditions and the employee's degree of skill, but not to exceed 6
5weeks after the employee became unemployed, to seek a new job substantially in line
6with the employee's prior job skill and rate of pay
.
SB684,14 7Section 14. 108.04 (8) (d) 2. of the statutes is created to read:
SB684,14,98 108.04 (8) (d) 2. The hourly wage for the work is 75 percent or more of what the
9employee earned on the highest paying of his or her most recent jobs.
SB684,15 10Section 15. 108.04 (8) (dm) of the statutes is created to read:
SB684,14,1611 108.04 (8) (dm) With respect to the 7th week after the employee became
12unemployed and any week thereafter, "suitable work," for purposes of par. (a), means
13any work that the employee is capable of performing, regardless of whether the
14employee has any relevant experience or training, that pays wages that are above
15the lowest quartile of wages for similar work in the labor market area in which the
16work is located, as determined by the department.
SB684,16 17Section 16. 108.04 (8) (e) of the statutes is repealed.
SB684,17 18Section 17. 108.04 (8) (em) of the statutes is created to read:
SB684,14,2319 108.04 (8) (em) An employee shall have good cause under this subsection only
20if the department determines that the failure related to the employee's personal
21safety, the employee's sincerely held religious beliefs, or an unreasonable commuting
22distance, or if the employee had another compelling reason that would have made
23accepting the offer unreasonable.
SB684,18 24Section 18. 108.04 (11) (g) of the statutes is renumbered 108.04 (11) (g) 1. and
25amended to read:
SB684,15,3
1108.04 (11) (g) 1. For purposes of In this subsection, "conceal" means to
2intentionally mislead or defraud the department by withholding or hiding
3information or making a false statement or misrepresentation.
SB684,19 4Section 19. 108.04 (11) (g) 2. and 3. of the statutes are created to read:
SB684,15,95 108.04 (11) (g) 2. A claimant has a duty of care to provide an accurate and
6complete response to each inquiry made by the department in connection with his
7or her receipt of benefits. The department shall consider the following factors in
8determining whether a claimant intended to mislead the department as described
9in subd. 1.:
SB684,15,1110 a. Whether the claimant failed to read or follow instructions or other
11communications of the department related to a claim for benefits.
SB684,15,1412 b. Whether the claimant relied on the statements or representations of persons
13other than an employee of the department who is authorized to provide advice
14regarding the claimant's claim for benefits.
SB684,15,1615 c. Whether the claimant has a limitation or disability and, if so, whether the
16claimant provided evidence to the department of that limitation or disability.
SB684,15,1717 d. The claimant's unemployment insurance claims filing experience.
SB684,15,1918 e. Any instructions or previous determinations of concealment issued or
19provided to the claimant.
SB684,15,2020 f. Any other factor that may provide evidence of the claimant's intent.
SB684,15,2321 3. Nothing in this subsection requires the department, when making a finding
22of concealment, to determine or prove that a claimant had an intent or design to
23receive benefits to which the claimant knows he or she was not entitled.
SB684,20 24Section 20. 108.04 (12) (e) of the statutes is amended to read:
SB684,16,9
1108.04 (12) (e) Any individual who receives a temporary total disability
2payment or a permanent total disability payment for a whole week under ch. 102 or
3under any federal law which provides for payments on account of a work-related
4injury or illness analogous to those provided under ch. 102 shall be ineligible for
5benefits paid or payable for that same week under this chapter unless otherwise
6provided by federal law. A temporary total disability payment or, a temporary partial
7disability payment, or a permanent total disability payment under those provisions
8received by an individual for part of a week shall be treated as wages for purposes
9of eligibility for benefits for partial unemployment under s. 108.05 (3).
SB684,21 10Section 21. 108.04 (12) (f) 1. of the statutes is renumbered 108.04 (12) (f) 3.
11a. and amended to read:
SB684,16,1612 108.04 (12) (f) 3. a. Any Except as provided in subd. 3. b. to d., an individual
13who actually receives social security disability insurance benefits under 42 USC ch.
147 subch. II in a given week
is ineligible for benefits paid or payable in that same week
15under this chapter for each week in the entire month in which a social security
16disability insurance payment is issued to the individual
.
SB684,22 17Section 22 . 108.04 (12) (f) 1m. of the statutes is created to read:
SB684,16,2018 108.04 (12) (f) 1m. The intent of the legislature in enacting this paragraph is
19to prevent the payment of duplicative government benefits for the replacement of lost
20earnings or income, regardless of an individual's ability to work.
SB684,23 21Section 23. 108.04 (12) (f) 2. of the statutes is renumbered 108.04 (12) (f) 4.
22and amended to read:
SB684,17,223 108.04 (12) (f) 4. Information that the department receives or acquires from the
24federal social security administration that an individual is receiving regarding the
25issuance of
social security disability insurance benefits under 42 USC ch. 7 subch.

1II in a given week
payments is considered conclusive, absent clear and convincing
2evidence that the information was erroneous.
SB684,24 3Section 24. 108.04 (12) (f) 2m. of the statutes is created to read:
SB684,17,64 108.04 (12) (f) 2m. In this paragraph, "social security disability insurance
5payment" means a payment of social security disability insurance benefits under 42
6USC ch. 7
subch. II.
SB684,25 7Section 25. 108.04 (12) (f) 3. b. to d. of the statutes are created to read:
SB684,17,128 108.04 (12) (f) 3. b. In the first month a social security disability insurance
9payment is first issued to an individual, the individual is ineligible for benefits under
10this chapter for each week beginning with the week the social security disability
11insurance payment is issued to the individual and all subsequent weeks in that
12month.
SB684,17,1713 c. Following a cessation of social security disability insurance payments to an
14individual and upon the individual again being issued a social security disability
15insurance payment, the individual is ineligible for benefits under this chapter for
16each week beginning with the week the social security disability insurance payment
17is issued to the individual and all subsequent weeks in that month.
SB684,17,2118 d. Following cessation of social security disability insurance payments, an
19individual may be eligible for benefits under this chapter, if otherwise qualified,
20beginning with the week following the last Saturday of the month in which the
21individual is issued his or her final social security disability insurance payment.
SB684,26 22Section 26. 108.04 (13) (d) 3. (intro.) and a. of the statutes are amended to read:
SB684,17,2523 108.04 (13) (d) 3. (intro.) To correct any erroneous payment not so adjusted that
24was charged to the account of an employer that is subject to the contribution
25requirements of ss. 108.17 and 108.18, the department shall do one of the following:
SB684,18,5
1a. If recovery of an overpayment is permitted under s. 108.22 (8) (c), restore the
2proper amount to the employer's account and charge that amount to the fund's
3balancing account, and shall thereafter reimburse the balancing account by
4crediting to it benefits which would otherwise be payable to, or cash recovered from,
5the employee; or.
SB684,27 6Section 27. 108.04 (13) (d) 4. (intro.) and a. of the statutes are amended to read:
SB684,18,107 108.04 (13) (d) 4. (intro.) To correct any erroneous payment not so adjusted from
8the account of an employer which is a government unit, an Indian tribe, or a nonprofit
9organization and which has elected
that is subject to reimbursement financing, the
10department shall do one of the following:
SB684,18,1311 a. If recovery of an overpayment is permitted under s. 108.22 (8) (c), credit to
12the account benefits which would otherwise be payable to, or cash received from, the
13employee; or, unless subd. 4. c. applies.
SB684,28 14Section 28. 108.04 (13) (d) 4. c. of the statutes is created to read:
SB684,18,2015 108.04 (13) (d) 4. c. If the erroneous payment resulted from a false statement
16or representation about an individual's identity and the employer was not at fault
17for the erroneous payment, restore the proper amount to the employer's account and
18reimburse the balancing account by crediting to it benefits that would otherwise be
19payable to, or cash recovered from, the individual who caused the erroneous
20payment.
SB684,29 21Section 29. 108.04 (16) (b) of the statutes is amended to read:
SB684,18,2522 108.04 (16) (b) The department shall not apply any benefit reduction or
23disqualification under sub. (1) (b), (2) (a), or (7) (c), or (8) (e) (cg) or s. 108.141 (3g) (d)
24that is not the result of approved training while an individual is enrolled in approved
25training.
SB684,30
1Section 30. 108.05 (1) (q) of the statutes is repealed.
SB684,31 2Section 31. 108.05 (1) (r) of the statutes is amended to read:
SB684,19,193 108.05 (1) (r) Except as provided in s. 108.062 (6) (a), each eligible employee
4shall be paid benefits for each week of total unemployment that commences on or
5after January 5, 2014, at the weekly benefit rate specified in this paragraph. Unless
6sub. (1m) applies, the weekly benefit rate shall equal 4 percent of the employee's base
7period wages that were paid during that quarter of the employee's base period in
8which the employee was paid the highest total wages, rounded down to the nearest
9whole dollar, except that, if that amount is less than the minimum amount shown
10in the following schedule
$54, no benefits are payable to the employee and, if that
11amount is more than the maximum amount shown in the following schedule $370,
12the employee's weekly benefit rate shall be the maximum amount shown in the
13following schedule
$370 and except that, if the employee's benefits are exhausted
14during any week under s. 108.06 (1), the employee shall be paid the remaining
15amount of benefits payable to the employee in lieu of the amount shown in the
16following schedule: [See Figure 108.05 (1) (r) following]
under s. 108.06 (1). The
17department shall publish on its Internet site a weekly benefit rate schedule of
18quarterly wages and the corresponding weekly benefit rates as calculated in
19accordance with this paragraph.
SB684,32 20Section 32. 108.05 (1) (r) (figure) of the statutes is repealed.
SB684,33 21Section 33. 108.05 (2) of the statutes is repealed.
SB684,34 22Section 34. 108.05 (2m) of the statutes is repealed.
SB684,35 23Section 35. 108.09 (2) (a) of the statutes is amended to read:
SB684,20,1124 108.09 (2) (a) The department shall promptly issue a computation setting forth
25the employee's potential benefit rights based on reports filed by an employer or

1employers under s. 108.205, or on the employee's statement and any other
2information then available. The results of the computation, a recomputation, or
3pertinent portion of either, shall be delivered electronically to, or mailed to the
4last-known address of, each party. The department may recompute an employee's
5potential benefit rights at any time on the basis of subsequent information or to
6correct a mistake, including an error of law, except that a party's failure to make
7specific written objection, received by the department within 14 days after the above
8electronic delivery or mailing, as to a computation or recomputation is a waiver by
9such party of any objection thereto. Any objections to a computation which that are
10not satisfactorily resolved by recomputation shall be resolved by a determination
11under par. (b).
SB684,36 12Section 36. 108.09 (2) (cm) of the statutes is repealed.
SB684,37 13Section 37. 108.09 (2) (d) of the statutes is amended to read:
SB684,20,1714 108.09 (2) (d) A copy of each determination shall be delivered electronically to,
15or
mailed to the last-known address of, each of the parties party, except that a party's
16copy of any determination may be given to such party instead of being electronically
17delivered or
mailed.
SB684,38 18Section 38. 108.09 (2r) of the statutes is amended to read:
SB684,20,2419 108.09 (2r) Hearing request. Any party to a determination may request a
20hearing as to any matter in that determination if such the request is made in
21accordance with the procedure prescribed by the department and is received by the
22department
an appeal tribunal or postmarked within 14 days after a copy of the
23determination was delivered electronically, mailed , or given to such the party,
24whichever first occurs.
SB684,39 25Section 39. 108.09 (4) (c) of the statutes is amended to read:
SB684,21,18
1108.09 (4) (c) Late appeal. If a party files an appeal which that is not timely,
2an appeal tribunal shall review the appellant's written reasons for filing the late
3appeal. If those reasons, when taken as true and construed most favorably to the
4appellant, do not constitute a reason beyond the appellant's control, the appeal
5tribunal may dismiss the appeal without a hearing and issue a decision accordingly.
6Otherwise, the department may schedule a hearing concerning the question of
7whether the appeal was filed late for a reason that was beyond the appellant's
8control. The department may also provisionally schedule a hearing concerning any
9matter in the determination being appealed. After hearing testimony on the late
10appeal question, the appeal tribunal shall issue a decision which that makes
11ultimate findings of fact and conclusions of law concerning whether the appellant's
12appeal was filed late for a reason that was beyond the appellant's control and which
13that, in accordance with those findings and conclusions, either dismisses the appeal
14or determines that the appeal was filed late for a reason that was beyond the
15appellant's control. If the appeal is not dismissed, the same or another appeal
16tribunal established by the department for this purpose, after conducting a hearing,
17shall then issue a decision under sub. (3) (b) concerning any matter in the
18determination.
SB684,40 19Section 40. 108.09 (4) (d) 1. and 2. of the statutes are amended to read:
SB684,21,2320 108.09 (4) (d) 1. If the appellant fails to appear at a hearing held under this
21section and due notice of the hearing was electronically delivered to the appellant or
22mailed to the appellant's last-known address, the appeal tribunal shall issue a
23decision dismissing the request for hearing unless subd. 2. applies.
SB684,22,2124 2. If the appellant delivers or transmits submits to the appeal tribunal a
25written explanation for nonappearance to the department which failing to appear at

1the hearing that
is received before a decision under subd. 1. is electronically
2delivered or
mailed, the department may so notify each party and schedule a hearing
3concerning whether there was good cause fo
r under subd. 1., an appeal tribunal shall
4review
the appellant's nonappearance. The department may also provisionally
5schedule a hearing concerning any matter in the determination. If, after hearing
6testimony,
explanation. The appeal tribunal shall electronically deliver or mail to
7the respondent a copy of the appellant's explanation. The respondent may, within
87 days after the appeal tribunal electronically delivers or mails the appellant's
9explanation to the respondent, submit to the appeal tribunal a written response to
10the appellant's explanation. If
the appeal tribunal finds that the appellant's
11explanation does not establish good cause for nonappearance failing to appear, the
12appeal tribunal shall issue a decision containing this finding and dismissing the
13appeal
such a decision may be issued without a hearing. If, after hearing testimony,
14the appeal tribunal finds that the appellant's explanation establishes good cause for
15nonappearance failing to appear, the appeal tribunal shall issue a decision
16containing this finding, and such a decision may be issued without a hearing. The
17same or another appeal tribunal established by the department for this purpose shall
18then issue a decision under sub. (3) (b) after conducting a hearing concerning any
19matter in the determination. If such a hearing is held concerning any matter in the
20determination, the appeal tribunal shall only consider testimony and other evidence
21admitted at that hearing in making a decision.
SB684,41 22Section 41. 108.09 (4) (d) 3. of the statutes is repealed and recreated to read:
SB684,23,1723 108.09 (4) (d) 3. If the appellant submits to the appeal tribunal a written
24explanation for failing to appear at the hearing that is received within 21 days after
25a decision is electronically delivered or mailed under subd. 1., an appeal tribunal

1shall review the appellant's explanation. The appeal tribunal shall electronically
2deliver or mail to the respondent a copy of the appellant's explanation. The
3respondent may, within 7 days after the appeal tribunal electronically delivers or
4mails the appellant's explanation to the respondent, submit to the appeal tribunal
5a written response to the appellant's explanation. If the appeal tribunal finds that
6the appellant's explanation does not establish good cause for failing to appear, the
7appeal tribunal shall issue a decision containing this finding, and such a decision
8may be issued without a hearing. If the appeal tribunal finds that the appellant's
9explanation establishes good cause for failing to appear, the appeal tribunal shall
10issue a decision containing this finding, and the decision may be issued without a
11hearing. The appeal tribunal shall then set aside the original decision and schedule
12a hearing concerning any matter in the determination. The same or another appeal
13tribunal established by the department for this purpose shall then issue a decision
14under sub. (3) (b) after conducting a hearing concerning any matter in the
15determination. If such a hearing is held concerning any matter in the determination,
16the appeal tribunal shall only consider the testimony and other evidence admitted
17at that hearing in making a decision.
SB684,42 18Section 42. 108.09 (4) (e) of the statutes is amended to read:
SB684,24,219 108.09 (4) (e) Respondent's failure to appear. 1. If the respondent fails to appear
20at a hearing held under this section but the appellant is present, and due notice of
21the hearing was electronically delivered to the respondent or mailed to the
22respondent's last-known address, the appeal tribunal shall hold the hearing. The
23appeal tribunal shall consider records and information already submitted to the
24department by the appellant and the respondent regarding the determination or the

1appeal, take the testimony of the appellant and any witnesses,
and shall issue a
2decision under sub. (3) (b) unless subd. 2. applies.
SB684,25,113 2. If the respondent delivers or transmits submits to the appeal tribunal a
4written explanation for nonappearance to the department which failing to appear at
5the hearing that
is received before a decision favorable to the respondent is
6electronically delivered or mailed under subd. 1., the appeal tribunal shall
7acknowledge receipt of the explanation in its decision but shall take no further action
8concerning the explanation at that time. If the respondent delivers or transmits
9submits to the appeal tribunal a written explanation for nonappearance to the
10department which
failing to appear that is received before a decision unfavorable to
11the respondent is electronically delivered or mailed under subd. 1., the department
12may so notify each party and may schedule a hearing concerning whether there was
13good cause for the respondent's nonappearance. The department may also
14provisionally schedule a hearing for further testimony concerning any matter in the
15determination. If, after hearing testimony, the appeal tribunal finds that the
16respondent's explanation does not establish good cause for nonappearance, the
17appeal tribunal shall issue a decision containing this finding. The same or another
18appeal tribunal established by the department for this purpose shall also issue a
19decision based on the testimony and other evidence presented at the hearing at
20which the respondent failed to appear. If, after hearing testimony, the appeal
21tribunal finds that the respondent's explanation
an appeal tribunal shall review the
22respondent's explanation. The appeal tribunal shall electronically deliver or mail to
23the appellant a copy of the respondent's explanation. The appellant may, within 7
24days after the appeal tribunal electronically delivers or mails the respondent's
25explanation to the appellant, submit to the appeal tribunal a written response to the

1respondent's explanation. If the appeal tribunal finds that the respondent's
2explanation does not establish good cause for failing to appear, the appeal tribunal
3shall issue a decision containing this finding, and such a decision may be issued
4without a hearing. If the appeal tribunal finds that the respondent's explanation

5establishes good cause for nonappearance failing to appear, the appeal tribunal shall
6issue a decision containing this finding, and such a decision may be issued without
7a hearing
. The same or another appeal tribunal established by the department for
8this purpose shall then issue a decision under sub. (3) (b) after conducting a hearing
9concerning any matter in the determination. If such a 2nd hearing is held concerning
10any matter in the determination, the appeal tribunal shall only consider testimony
11and other evidence admitted at that hearing in making a decision.
SB684,26,2512 3. If the respondent delivers or transmits submits to the appeal tribunal a
13written explanation for nonappearance to the department which failing to appear at
14the hearing that
is received within 21 days after a decision favorable to the
15respondent is electronically delivered or mailed under subd. 1., the department
16appeal tribunal shall notify the respondent of receipt of the explanation and that
17since the decision was favorable to the respondent no further action concerning the
18explanation will be taken at that time. If the respondent delivers or transmits
19submits to the appeal tribunal a written explanation for nonappearance to the
20department which
failing to appear that is received within 21 days after a decision
21unfavorable to the respondent is electronically delivered or mailed under subd. 1.,
22the an appeal tribunal shall review the respondent's explanation. The appeal
23tribunal shall electronically deliver or mail to the appellant a copy of the respondent's
24explanation. The appellant may, within 7 days after the appeal tribunal
25electronically delivers or mails the respondent's explanation to the appellant, submit

1to the appeal tribunal a written response to the respondent's explanation. If the
2appeal tribunal finds that the respondent's explanation does not establish good cause
3for failing to appear, the appeal tribunal shall issue a decision containing this
4finding, and such a decision may be issued without a hearing. If the appeal tribunal
5finds that the respondent's explanation establishes good cause for failing to appear,
6the appeal tribunal shall issue a decision containing this finding, and such a decision
7may be issued without a hearing. The
appeal tribunal may shall then set aside the
8original decision and the department may schedule a hearing concerning whether
9there was good cause for the respondent's nonappearance. The department may also
10provisionally
schedule a hearing concerning any matter in the determination. If the
11original decision is not set aside, the appeal tribunal may
, on its own motion amend
12or set aside that decision within 21 days after the decision concerning whether there
13was good cause for the respondent's nonappearance is mailed under subd. 1. If, after
14hearing testimony, the appeal tribunal finds that the respondent's explanation does
15not establish good cause for nonappearance, the appeal tribunal shall issue a
16decision containing this finding and, if necessary, reinstating the decision which was
17set aside. If, after hearing testimony, the appeal tribunal finds that the respondent's
18explanation establishes good cause for nonappearance, the same or another appeal
19tribunal established by the department for this purpose shall issue a decision
20containing this finding.
The same or another appeal tribunal established by the
21department for this purpose shall then issue a decision under sub. (3) (b) after
22conducting a hearing concerning any matter in the determination. If such a 2nd
23hearing is held concerning any matter in the determination, the appeal tribunal
24shall only consider the testimony and other evidence admitted at that hearing in
25making a decision.
SB684,43
1Section 43. 108.09 (4) (f) 1. of the statutes is amended to read:
SB684,27,72 108.09 (4) (f) 1. Except as provided in par. (e) 3., within Within 21 days after
3its decision was electronically delivered or mailed to the parties, the appeal tribunal
4may, on its own motion, amend or set aside its decision and may thereafter make new
5findings and issue a decision on the basis of evidence previously submitted in such
6case, or the same or another appeal tribunal may make new findings and issue a
7decision after taking additional testimony.
SB684,44 8Section 44. 108.09 (4) (f) 2. (intro.) of the statutes is amended to read:
SB684,27,129 108.09 (4) (f) 2. (intro.) Unless a party or the department has filed a timely
10petition for review of the appeal tribunal decision by the commission, the appeal
11tribunal may set aside or amend an appeal tribunal decision, or portion thereof, at
12any time if the appeal tribunal finds that:
SB684,45 13Section 45. 108.09 (4) (f) 3. of the statutes is amended to read:
SB684,27,2014 108.09 (4) (f) 3. Unless a party or the department has filed a timely petition for
15review of the appeal tribunal decision by the commission, the appeal tribunal may,
16within 2 years after the date of the decision, reopen its decision if it has reason to
17believe that a party offered false evidence or a witness gave false testimony on an
18issue material to its decision. Thereafter, and after receiving additional evidence or
19taking additional testimony, the same or another appeal tribunal may set aside its
20original decision, make new findings, and issue a decision.
SB684,46 21Section 46. 108.09 (4o) of the statutes is amended to read:
SB684,28,2222 108.09 (4o) Departmental records relating to benefit claims. In any hearing
23before an appeal tribunal under this section, a departmental record relating to a
24claim for benefits, other than a report specified in sub. (4m), constitutes prima facie
25evidence, and shall be admissible to prove, that an employer provided or failed to

1provide to the department complete and correct information in a fact-finding
2investigation of the claim, notwithstanding that the record or a statement contained
3in the record may be uncorroborated hearsay and may constitute the sole basis upon
4which issue of the employer's failure is decided, if the parties appearing at the
5hearing have been given an opportunity to review the record at or before the hearing
6and to rebut the information contained in the record. A record of the department that
7is admissible under this subsection shall be regarded as self authenticating and shall
8require no foundational or other testimony for its admissibility, unless the
9circumstances affirmatively indicate a lack of trustworthiness in the record. If such
10a record is admitted and made the basis of a decision, the record may constitute
11substantial evidence under s. 102.23 (6) sub. (7) (f). For purposes of this subsection,
12"departmental record" means a memorandum, report, record, document, or data
13compilation that has been made or maintained by employees of the department in
14the regular course of the department's fact-finding investigation of a benefit claim,
15is contained in the department's paper or electronic files of the benefit claim, and
16relates to the department's investigative inquiries to an employer or statements or
17other matters submitted by the employer or its agent in connection with the
18fact-finding investigation of a benefit claim. A departmental record may not be
19admitted into evidence under this subsection or otherwise used under this
20subsection for any purpose other than to prove whether an employer provided or
21failed to provide to the department complete and correct information in a
22fact-finding investigation of a claim.
SB684,47 23Section 47. 108.09 (5) (b) of the statutes is amended to read:
SB684,29,724 108.09 (5) (b) All testimony at any hearing under this section shall be taken
25down by a stenographer, or
recorded by a recording machine electronic means, but

1need not be transcribed unless either of the parties requests a transcript prior to
2before expiration of that party's right to further appeal under this section and pays
3a fee to the commission in advance, the amount of which shall be established by rule
4of the commission. When the commission provides a transcript is thus furnished to
5one of the parties upon request, the commission shall also provide a copy of the
6transcript shall be furnished the to all other party parties free of charge. The
7transcript fee thus collected shall be paid to the administrative account.
SB684,48 8Section 48. 108.09 (5) (c) of the statutes is repealed and recreated to read:
SB684,29,109 108.09 (5) (c) The department shall furnish a copy of the electronic recording
10to the parties upon payment of any fee required by the department by rule.
SB684,49 11Section 49. 108.09 (5) (d) of the statutes is amended to read:
SB684,29,2212 108.09 (5) (d) In its review of the decision of an appeal tribunal, the commission
13shall use the electronic recording of the hearing or a written synopsis of the
14testimony and other evidence taken at a hearing or shall use a transcript of the
15hearing prepared, under the direction of the department or commission, by an
16employee of the department, an employee of the commission or a contractor. If a
17party shows to the commission that a synopsis is not sufficiently complete and
18accurate to fairly reflect the relevant and material testimony and other evidence
19taken, the commission shall direct the preparation of a transcript. If a transcript is
20prepared, the transcript shall indicate the transcriber's name and whether the
21transcriber is an employee of the department, an employee of the commission, or a
22contractor
and shall also use any other evidence taken at the hearing.
SB684,50 23Section 50. 108.09 (6) (a) of the statutes is amended to read:
SB684,30,724 108.09 (6) (a) The department or any party may petition the commission for
25review of an appeal tribunal decision, pursuant to commission rules promulgated by

1the commission
, if such the petition is received by the department or commission or
2postmarked within 21 days after the appeal tribunal decision was electronically
3delivered to the party or
mailed to the party's last-known address. The commission
4shall dismiss any petition if not timely filed unless the petitioner shows probable
5good cause that the reason for having failed to file the petition timely was beyond the
6control of the petitioner. If the petition is not dismissed, the commission may take
7action under par. (d).
SB684,51 8Section 51. 108.09 (6) (b) of the statutes is amended to read:
SB684,30,119 108.09 (6) (b) Within 28 days after a decision of the commission is electronically
10delivered or
mailed to the parties, the commission may, on its own motion, set aside
11the decision for further consideration and take action under par. (d).
SB684,52 12Section 52. 108.09 (6) (c) of the statutes is amended to read:
SB684,30,2213 108.09 (6) (c) On its own motion, for reasons it deems sufficient, the commission
14may set aside any final determination of the department or appeal tribunal or
15commission decision within 2 years from after the date thereof upon grounds of
16mistake or newly discovered evidence, and take action under par. (d). The
17commission may set aside any final determination of the department or any decision
18of an appeal tribunal or of the commission at any time, and take action under par.
19(d), if the benefits paid or payable to a claimant have been affected by wages earned
20by the claimant which that have not been paid, and the commission is provided with
21notice from the appropriate state or federal court or agency that a wage claim for
22those wages will not be paid in whole or in part.
SB684,53 23Section 53. 108.09 (6) (d) of the statutes is amended to read:
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