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30. 108.05 (1) (q) of the statutes is repealed.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32. 108.05 (1) (r) (figure) of the statutes is repealed.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33. 108.05 (2) of the statutes is repealed.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34. 108.05 (2m) of the statutes is repealed.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 for
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:
SB684,31,324
108.09
(6) (d) In any case before the commission for action under this
25subsection, the commission may affirm, reverse, modify
, or set aside the decision on
1the basis of the evidence previously submitted
, may; order the taking of additional
2evidence as to such matters as it may direct
, or it may
; or remand the matter to the
3department for further proceedings.
SB684,54
4Section
54. 108.09 (7) (a) and (b) of the statutes are amended to read:
SB684,31,175
108.09
(7) (a)
The department or either Any party
that is not the department 6may commence
an action for the judicial review of a decision of the commission under
7this chapter after exhausting the remedies provided under this section
if the party
8or the department has commenced such action in accordance with s. 102.23 within
930 days after a decision of the commission is mailed to a party's last-known address.
10The department may commence an action for the judicial review of a commission
11decision under this section, but the department is not required to have been a party
12to the proceedings before the commission or to have exhausted the remedies provided
13under this section. In an action commenced under this section by a party that is not
14the department, the department shall be a defendant and shall be named as a party
15in the complaint commencing the action. If a plaintiff fails to name either the
16department or the commission as defendants and serve the commission as required
17by this subsection, the court shall dismiss the action.
SB684,32,218
(b) Any judicial review under this chapter shall be confined to questions of law
,
19and the provisions of ch. 102 with respect to judicial review of orders and awards
20shall likewise apply to any decision of the commission reviewed under this section 21and shall be in accordance with this subsection. In any such judicial action, the
22commission may appear by any licensed attorney who is a salaried employee of the
23commission and has been designated by it for
this
that purpose, or
, at the
24commission's request
, by the department of justice.
In any such judicial action, the
1department may appear by any licensed attorney who is a salaried employee of the
2department and has been designated by it for that purpose.
SB684,55
3Section
55. 108.09 (7) (c) to (h) of the statutes are created to read:
SB684,32,164
108.09
(7) (c) 1. The findings of fact made by the commission acting within its
5powers shall, in the absence of fraud, be conclusive. The order of the commission is
6subject to review only as provided in this subsection and not under ch. 227 or s.
7801.02. Within 30 days after the date of an order made by the commission, any party
8or the department may, by serving a complaint as provided in subd. 3. and filing the
9summons and complaint with the clerk of the circuit court, commence an action
10against the commission for judicial review of the order. In an action for judicial
11review of a commission order, every other party to the proceedings before the
12commission shall be made a defendant. The department shall also be made a
13defendant if the department is not the plaintiff. If the circuit court is satisfied that
14a party in interest has been prejudiced because of an exceptional delay in the receipt
15of a copy of any order, the circuit court may extend the time in which an action may
16be commenced by an additional 30 days.
SB684,32,2417
2. Except as provided in this subdivision, the proceedings shall be in the circuit
18court of the county where the plaintiff resides, except that if the plaintiff is the
19department, the proceedings shall be in the circuit court of the county where a
20defendant other than the commission resides. The proceedings may be brought in
21any circuit court if all parties appearing in the case agree or if the court, after notice
22and a hearing, so orders. Commencing an action in a county in which no defendant
23resides does not deprive the court of competency to proceed to judgment on the merits
24of the case.
SB684,33,7
13. In such an action, a complaint shall be served with an authenticated copy
2of the summons. The complaint need not be verified, but shall state the grounds upon
3which a review is sought. Service upon the commission or an agent authorized by
4the commission to accept service constitutes complete service on all parties, but there
5shall be left with the person so served as many copies of the summons and complaint
6as there are defendants, and the commission shall mail one copy to each other
7defendant.
SB684,33,118
4. Each defendant shall serve its answer within 20 days after the service upon
9the commission under subd. 3., which answer may, by way of counterclaim or cross
10complaint, ask for the review of the order referred to in the complaint, with the same
11effect as if the defendant had commenced a separate action for the review of the order.
SB684,33,2012
5. Within 60 days after appearing in an action for judicial review, the
13commission shall make return to the court of all documents and materials on file in
14the matter, all testimony that has been taken, and the commission's order and
15findings. Such return of the commission, when filed in the office of the clerk of the
16circuit court, shall constitute a judgment roll in the action, and it shall not be
17necessary to have a transcript approved. After the commission makes return of the
18judgment roll to the court, the court shall schedule briefing by the parties. Any party
19may request oral argument before the court, subject to the provisions of law for a
20change of the place of trial or the calling in of another judge.
SB684,33,2221
6. The court may confirm or set aside the commission's order, but may set aside
22the order only upon one or more of the following grounds:
SB684,33,2323
a. That the commission acted without or in excess of its powers.
SB684,33,2424
b. That the order was procured by fraud.
SB684,33,2525
c. That the findings of fact by the commission do not support the order.
SB684,34,3
1(dm) The court shall disregard any irregularity or error of the commission or
2the department unless it is made to affirmatively appear that a party was damaged
3by that irregularity or error.
SB684,34,64
(e) The record in any case shall be transmitted to the commission within 5 days
5after expiration of the time for appeal from the order or judgment of the court, unless
6an appeal is taken from the order or judgment.
SB684,34,127
(f) If the commission's order depends on any fact found by the commission, the
8court shall not substitute its judgment for that of the commission as to the weight
9or credibility of the evidence on any finding of fact. The court may, however, set aside
10the commission's order and remand the case to the commission if the commission's
11order depends on any material and controverted finding of fact that is not supported
12by credible and substantial evidence.
SB684,34,1413
(g) Any party aggrieved by a judgment entered upon the review of any circuit
14court order under this subsection may appeal as provided in ch. 808.
SB684,34,1615
(h) The clerk of any court rendering a decision affecting a decision of the
16commission shall promptly furnish all parties a copy of the decision without charge.
SB684,56
17Section
56. 108.09 (7) (d) of the statutes is renumbered 108.09 (7) (i) and
18amended to read:
SB684,34,2519
108.09
(7) (i)
Notwithstanding ss. 102.26 (1) and 814.245, upon review of a
20decision of the commission under this chapter No fees may be charged by the clerk
21of any circuit court for the performance of any service required by this chapter, except
22for the entry of judgments and for certified transcripts of judgments. In proceedings
23to review an order under this section, costs as between the parties shall be in the
24discretion of the court
, but. Notwithstanding s. 814.245, no costs may be taxed
25against the
commission or the department.
SB684,57
1Section
57. 108.095 (2) of the statutes is amended to read:
SB684,35,112
108.095
(2) The department shall investigate whether any person has obtained
3benefits that were payable to another person by means of any false statement or
4representation, and may issue an initial determination concerning its findings. The
5department shall
electronically deliver a copy of the determination to, or mail a copy
6of the determination to the last-known address of
, each party affected thereby.
7Unless designated by a determination under this section, an employing unit is not
8a party to the determination. The department may set aside or amend the
9determination at any time prior to a hearing concerning the determination under
10sub. (5) on the basis of subsequent information or to correct a mistake, including an
11error of law.
SB684,58
12Section
58. 108.095 (3) of the statutes is amended to read:
SB684,35,1613
108.095
(3) Any party to a determination may appeal that determination by
14requesting a hearing concerning any matter in that determination if the request is
15received by the department or postmarked within 14 days after the
electronic
16delivery or mailing.
SB684,59
17Section
59. 108.095 (7) of the statutes is amended to read:
SB684,35,2318
108.095
(7) Any party may commence an action for judicial review of a decision
19of the commission under this section, after exhausting the remedies provided under
20this section, by commencing the action within 30 days after the decision of the
21commission is
delivered electronically or mailed to the department and
is delivered
22electronically to, or mailed to the last-known address of
, each other party. The scope
23and manner of judicial review is the same as that provided in s. 108.09 (7).
SB684,60
24Section
60. 108.10 (1) of the statutes is amended to read:
SB684,36,10
1108.10
(1) The department shall investigate the status, and the existence and
2extent of liability of an employing unit, and may issue an initial determination
3accordingly. The department may set aside or amend the determination at any time
4prior to a hearing on the determination on the basis of subsequent information or to
5correct a mistake, including an error of law. The department shall
electronically
6deliver a copy of each determination to, or mail a copy of each determination to the
7last-known address of
, the employing unit affected thereby. The employing unit may
8request a hearing as to any matter in that determination if the request is received
9by the department or postmarked within 21 days after the mailing and in accordance
10with such procedure as the department prescribes by rule.
SB684,61
11Section
61. 108.10 (2) of the statutes is amended to read:
SB684,36,1712
108.10
(2) Any hearing duly requested shall be held before an appeal tribunal
13established as provided by s. 108.09 (3), and s. 108.09 (4) and (5) shall be applicable
14to the proceedings before such tribunal.
The department may be a party in any
15proceedings before an appeal tribunal. The employing unit or the department may
16petition the commission for review of the appeal tribunal's decision under s. 108.09
17(6).
SB684,62
18Section
62. 108.10 (4) of the statutes is amended to read:
SB684,37,1019
108.10
(4) The
department or the employing unit may commence
an action for
20the judicial review of a commission decision under this section, provided
the
21department, or the employing unit
, after exhausting has exhausted the remedies
22provided under this section
, has commenced such action within 30 days after such
23decision was mailed to the employing unit's last-known address. The department
24may commence an action for the judicial review of a commission decision under this
25section, but the department is not required to have been a party to the proceedings
1before the commission or to have exhausted the remedies provided under this
2section. In an action commenced under this section by a party that is not the
3department, the department shall be a defendant and shall be named as a party in
4the complaint commencing the action. If a plaintiff fails to name either the
5department or the commission as defendants and serve them as required under s.
6108.09 (7), the court shall dismiss the action. The scope of judicial review, and the
7manner thereof insofar as applicable, shall be the same as that provided in s. 108.09
8(7).
In an action commenced by an employing unit under this section, the department
9shall be an adverse party under s. 102.23 (1) (a) and shall be named as a party in the
10complaint commencing the action.
SB684,63
11Section
63. 108.10 (6) of the statutes is amended to read:
SB684,37,1812
108.10
(6) Any determination by the department or any decision by an appeal
13tribunal or by the commission is conclusive with respect to an employing unit unless
14it the department or the employing unit files a timely request for a hearing or petition
15for review as provided in this section. A determination or decision is binding upon
16the department only insofar as the relevant facts were included in the record
which 17that was before the department at the time the determination was issued, or before
18the appeal tribunal or commission at the time the decision was issued.
SB684,38,921
108.14
(8n) (e) The department shall charge this state's share of any benefits
22paid under this subsection to the account of each employer by which the employee
23claiming benefits was employed in the applicable base period, in proportion to the
24total amount of wages he or she earned from each employer in the base period, except
25that if s. 108.04 (1) (f), (5), (7) (a), (c),
(cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b),
1108.07 (3), (3r), or (5) (b), or 108.133 (3) (f) would have applied to employment by such
2an employer who is subject to the contribution requirements of ss. 108.17 and 108.18,
3the department shall charge the share of benefits based on employment with that
4employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3)
5would have applied to an employer that is not subject to the contribution
6requirements of ss. 108.17 and 108.18, the department shall charge the share of
7benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The
8department shall also charge the fund's balancing account with any other state's
9share of such benefits pending reimbursement by that state.
SB684,38,1514
108.141
(3g) (a) 3. (intro.)
Notwithstanding s. 108.02 (24g), work Work is
15suitable within the meaning of subd. 2. if:
SB684,67
16Section
67. 108.141 (4) of the statutes is amended to read: