SB30,664,106
108.09
(6) (bm) In its review of the decision of an appeal tribunal, the
7commission administrator shall use the electronic recording of the hearing or a
8written synopsis of the testimony or shall use a transcript of the hearing prepared
9under the direction of the department
or commission and shall also use any other
10evidence taken at the hearing.
SB30,1424
11Section 1424
. 108.09 (6) of the statutes is amended to read:
SB30,664,2112
108.09
(6) Commission review Review by division administrator. (a) The
13department or any party may petition
the commission for review of an appeal
14tribunal decision
by the administrator, pursuant to rules promulgated by the
15commission department under par. (e), if the petition is received by the
commission 16department or postmarked within 21 days after the appeal tribunal decision was
17electronically delivered to the party or mailed to the party's last-known address.
The
18commission shall dismiss any A petition
shall be dismissed if not timely filed unless
19the petitioner shows good cause that the reason for having failed to file the petition
20timely was beyond the control of the petitioner. If the petition is not dismissed, the
21commission administrator may take action under par. (d).
SB30,664,2522
(b) Within 28 days after a decision of the
commission administrator is
23electronically delivered or mailed to the parties, the
commission administrator may,
24on its own motion, set aside the decision for further consideration and take action
25under par. (d).
SB30,665,10
1(c) On its own motion, for reasons it deems sufficient, the
commission 2administrator may set aside any final determination of the department or appeal
3tribunal or commission decision within 2 years after the date thereof upon grounds
4of mistake or newly discovered evidence, and take action under par. (d). The
5commission administrator may set aside any final determination of the department
6or any decision of an appeal tribunal or of the
commission administrator at any time,
7and take action under par. (d), if the benefits paid or payable to a claimant have been
8affected by wages earned by the claimant that have not been paid, and the
9commission is provided with notice from the appropriate state or federal court or
10agency that a wage claim for those wages will not be paid in whole or in part.
SB30,665,1511
(d) In any case before the
commission administrator for action under this
12subsection, the
commission administrator may affirm, reverse, modify, or set aside
13the decision on the basis of the evidence previously submitted; order the taking of
14additional evidence as to such matters as it may direct; or remand the matter to the
15department for further proceedings.
SB30,1425
16Section 1425
. 108.09 (6) (e) of the statutes is created to read:
SB30,665,1817
108.09
(6) (e) The department may promulgate any rules necessary to provide
18for reviews of appeal tribunal decisions by the administrator under this subsection.
SB30,1426
19Section 1426
. 108.09 (7) (a), (b), (c), (dm), (e) and (f) of the statutes are
20amended to read:
SB30,666,721
108.09
(7) (a) Any party that is not the department may commence an action
22for the judicial review of a decision of the
commission administrator under this
23chapter after exhausting the remedies provided under this section. The department
24may commence an action for the judicial review of a
commission decision
of the
25administrator under this section, but the department is not required to have been
1a party to the
proceedings before the commission review by the administrator or to
2have exhausted the remedies provided under this section. In an action commenced
3under this section by a party that is not the department, the department shall be a
4defendant and shall be named as a party in the complaint commencing the action.
5If a plaintiff fails to
name either
name the department
or the commission as
6defendants and a defendant or serve the
commission department as required by this
7subsection, the court shall dismiss the action.
SB30,666,158
(b) Any judicial review under this chapter shall be confined to questions of law
9and shall be in accordance with this subsection. In any such judicial action, the
10commission department may appear by any licensed attorney who is a salaried
11employee of the
commission department and has been designated by it for that
12purpose, or, at the
commission's department's request, by the department of justice.
13In any such judicial action, the department may appear by any licensed attorney who
14is a salaried employee of the department and has been designated by it for that
15purpose.
SB30,667,416
(c) 1. The findings of fact made by
the commission
an appeal tribunal acting
17within its powers shall, in the absence of fraud, be conclusive. The order of the
18commission administrator is subject to review only as provided in this subsection and
19not under ch. 227 or s. 801.02. Within 30 days after the date of an order made by the
20commission administrator, any party or the department may, by serving a complaint
21as provided in subd. 3. and filing the summons and complaint with the clerk of the
22circuit court, commence an action
against the commission for judicial review of the
23order. In an action for judicial review of
a commission an order
of the administrator,
24every other party to the proceedings before the
commission administrator shall be
25made a defendant. The department shall also be made a defendant if the department
1is not the plaintiff. If the circuit court is satisfied that a party in interest has been
2prejudiced because of an exceptional delay in the receipt of a copy of any order, the
3circuit court may extend the time in which an action may be commenced by an
4additional 30 days.
SB30,667,125
2. Except as provided in this subdivision, the proceedings shall be in the circuit
6court of the county where the plaintiff resides, except that if the plaintiff is the
7department, the proceedings shall be in the circuit court of the county where a
8defendant
other than the commission resides
if there is such a county. The
9proceedings may be brought in any circuit court if all parties appearing in the case
10agree or if the court, after notice and a hearing, so orders. Commencing an action
11in a county in which no defendant resides does not deprive the court of competency
12to proceed to judgment on the merits of the case.
SB30,667,1913
3. In such an action, a complaint shall be served with an authenticated copy
14of the summons. The complaint need not be verified, but shall state the grounds upon
15which a review is sought. Service upon the
commission department or an agent
16authorized by the
commission department to accept service constitutes complete
17service on all parties, but there shall be left with the person so served as many copies
18of the summons and complaint as there are defendants, and the
commission 19department shall mail one copy to each other defendant.
SB30,667,2420
4. Each defendant shall serve its answer within 20 days after the service upon
21the
commission department under subd. 3., which answer may, by way of
22counterclaim or cross complaint, ask for the review of the order referred to in the
23complaint, with the same effect as if the defendant had commenced a separate action
24for the review of the order.
SB30,668,10
15. Within 60 days after appearing in an action for judicial review, the
2commission department shall make return to the court of all documents and
3materials on file in the matter, all testimony that has been taken, and the
4commission's administrator's order and findings. Such return of the
commission 5department, when filed in the office of the clerk of the circuit court, shall constitute
6a judgment roll in the action, and it shall not be necessary to have a transcript
7approved. After the
commission department makes return
of the judgment roll to
8the court, the court shall schedule briefing by the parties. Any party may request
9oral argument before the court, subject to the provisions of law for a change of the
10place of trial or the
calling in substitution of another judge.
SB30,668,1211
6. The court may confirm or set aside the
commission's administrator's order,
12but may set aside the order only upon one or more of the following grounds:
SB30,668,1413
a. That the
commission appeal tribunal or the administrator acted without or
14in excess of its powers.
SB30,668,1515
b. That the
order decision was procured by fraud.
SB30,668,1716
c. That the findings of fact by the
commission
appeal tribunal do not support
17the order.
SB30,668,2018
(dm) The court shall disregard any irregularity or error of the
commission 19appeal tribunal, the administrator, or the department unless it is made to
20affirmatively appear that a party was damaged by that irregularity or error.
SB30,668,2321
(e) The record in any case shall be transmitted to the
commission department 22within 5 days after expiration of the time for appeal from the order or judgment of
23the court, unless an appeal is taken from the order or judgment.
SB30,669,524
(f)
If the commission's order depends on any fact found by the commission, the 25The court shall not substitute its judgment for that of the
commission appeal
1tribunal as to the weight or credibility of the evidence on any finding of fact. The
2court may, however, set aside the
commission's
administrator's order and remand the
3case
to the commission if the
commission's order depends on any material and
4controverted finding of fact that is not supported by credible and substantial
5evidence.
SB30,1427
6Section 1427
. 108.09 (7) (h) and (i) of the statutes are amended to read:
SB30,669,97
108.09
(7) (h) The clerk of any court rendering a decision
affecting a decision
8of the commission under this section shall promptly furnish all parties a copy of the
9decision without charge.
SB30,669,1510
(i) No fees may be charged by the clerk of any circuit court for the performance
11of any service required by this chapter, except for the entry of judgments and for
12certified transcripts of judgments. In proceedings to review an order under this
13section, costs as between the parties shall be in the discretion of the court.
14Notwithstanding s. 814.245, no costs may be taxed against the
commission or the 15department.
SB30,1428
16Section 1428
. 108.09 (9) (a) of the statutes is amended to read:
SB30,669,2117
108.09
(9) (a) Benefits shall be paid promptly in accordance with the
18department's determination or the decision of an appeal tribunal, the
commission 19administrator, or a reviewing court, notwithstanding the pendency of the period to
20request a hearing, to file a petition for
commission review
by the administrator, or
21to commence judicial action or the pendency of any such hearing, review
, or action.
SB30,1429
22Section 1429
. 108.095 (6) of the statutes is amended to read:
SB30,670,223
108.095
(6) Any party may petition
the commission for review of the decision
24of
the an appeal tribunal under s. 108.09 (6)
. The commission's by the administrator.
1The administrator's authority to take action concerning any issue or proceeding
2under this section is the same as that provided in s. 108.09 (6).
SB30,1430
3Section 1430
. 108.095 (7) of the statutes is amended to read:
SB30,670,104
108.095
(7) Any party may commence an action for judicial review of a decision
5of the
commission administrator under this section, after exhausting the remedies
6provided under this section, by commencing the action within 30 days after the
7administrator's decision
of the commission is delivered electronically or mailed to the
8department and is delivered electronically to, or mailed to the last-known address
9of, each other party. The scope and manner of judicial review is the same as that
10provided in s. 108.09 (7).
SB30,1431
11Section 1431
. 108.10 (2) of the statutes is amended to read:
SB30,670,1712
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 the 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
by the
17administrator under s. 108.09 (6).
SB30,1432
18Section 1432
. 108.10 (3) of the statutes is amended to read:
SB30,670,2019
108.10
(3) The
commission's
administrator's authority to take action as to any
20issue or proceeding under this section is the same as that specified in s. 108.09 (6).
SB30,1433
21Section 1433
. 108.10 (4) of the statutes is amended to read:
SB30,671,1022
108.10
(4) The employing unit may commence an action for the judicial review
23of a
commission decision
of the administrator under this section, provided the
24employing unit has exhausted the remedies provided under this section. The
25department may commence an action for the judicial review of a
commission decision
1of the administrator under this section, but the department is not required to have
2been a party to the
proceedings before the commission review by the administrator 3or to have exhausted the remedies provided under this section. In an action
4commenced under this section by a party that is not the department, the department
5shall be a defendant and shall be named as a party in the complaint commencing the
6action. If a plaintiff fails to
name either
name the department
or the commission as
7defendants and a defendant or serve
them the department as required under s.
8108.09 (7), the court shall dismiss the action. The scope of judicial review, and the
9manner thereof insofar as applicable, shall be the same as that provided in s. 108.09
10(7).
a defendant defendant summons and
SB30,1434
11Section 1434
. 108.10 (6) of the statutes is amended to read:
SB30,671,1912
108.10
(6) Any determination by the department or any decision by an appeal
13tribunal or by the
commission administrator is conclusive with respect to an
14employing unit unless the department or the employing unit files a timely request
15for a hearing or petition for review as provided in this section. A determination or
16decision is binding upon the department only insofar as the relevant facts were
17included in the record that was before the department at the time the determination
18was issued, or before the appeal tribunal or
commission the administrator at the time
19the decision was issued.
SB30,1435
20Section 1435
. 108.10 (7) of the statutes is repealed.
SB30,1436
21Section 1436
. 108.14 (2m) of the statutes is amended to read:
SB30,672,1622
108.14
(2m) In the discharge of their duties under this chapter an appeal
23tribunal
, commissioner or
other
another authorized representative of the
24department
or commission may administer oaths to persons appearing before them,
25take depositions, certify to official acts, and by subpoenas, served in the manner in
1which circuit court subpoenas are served, compel attendance of witnesses and the
2production of books, papers, documents
, and records necessary or convenient to be
3used by them in connection with any investigation, hearing
, or other proceeding
4under this chapter. A party's attorney of record may issue a subpoena to compel the
5attendance of a witness or the production of evidence. A subpoena issued by an
6attorney must be in substantially the same form as provided in s. 805.07 (4) and must
7be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of
8issuance, send a copy of the subpoena to the appeal tribunal or other representative
9of the department responsible for conducting the proceeding. However, in any
10investigation, hearing
, or other proceeding involving the administration of oaths or
11the use of subpoenas under this subsection due notice shall be given to any interested
12party involved, who shall be given an opportunity to appear and be heard at any such
13proceeding and to examine witnesses and otherwise participate therein. Witness
14fees and travel expenses involved in proceedings under this chapter may be allowed
15by the appeal tribunal or representative of the department at rates specified by
16department rules, and shall be paid from the administrative account.
SB30,1437
17Section 1437
. 108.14 (3m) of the statutes is amended to read:
SB30,673,218
108.14
(3m) In any court action to enforce this chapter the department,
the
19commission, and the state may be represented by any licensed attorney who is an
20employee of the department
or the commission and is designated by
either of them 21the department for this purpose or
at the, upon request
of either of them by the
22department, by the department of justice. If the governor designates special counsel
23to defend, in behalf of the state, the validity of this chapter or of any provision of Title
24IX of the social security act, the expenses and compensation of the special counsel
25and of any experts employed by the department in connection with that proceeding
1may be charged to the administrative account. If the compensation is being
2determined on a contingent fee basis, the contract is subject to s. 20.9305.
SB30,1438
3Section 1438
. 108.14 (7) (a) of the statutes is amended to read:
SB30,673,104
108.14
(7) (a) The records made or maintained by the department
or
5commission in connection with the administration of this chapter are confidential
6and shall be open to public inspection or disclosure only to the extent that the
7department
or commission permits in the interest of the unemployment insurance
8program. No person may permit inspection or disclosure of any record provided to
9it by the department
or commission unless the department
or commission authorizes
10the inspection or disclosure.
SB30,1439
11Section 1439
. 108.14 (22) of the statutes is amended to read:
SB30,673,1912
108.14
(22) The
commission
department shall maintain a searchable,
13electronic database of significant decisions made by
the commission appeal tribunals
14and the administrator on matters under this chapter for the use of attorneys
15employed by the department and the commission and other individuals employed by
16the department
and the commission whose duties necessitate use of the database.
17The department may also include in the database decisions of the labor and
18industrial review commission that were required to be maintained in the database
19under s. 108.14 (22), 2015 stats.
SB30,1440
20Section 1440
. 108.17 (3m) of the statutes is amended to read:
SB30,674,321
108.17
(3m) If an appeal tribunal or the
commission administrator issues a
22decision under s. 108.10 (2), or a court issues a decision on review under s. 108.10 (4),
23in which it is determined that an amount has been erroneously paid by an employer,
24the department shall, from the administrative account, credit the employer with
25interest at the rate of 0.75 percent per month or fraction thereof on the amount of the
1erroneous payment. Interest shall accrue from the month which the erroneous
2payment was made until the month in which it is either used as a credit against
3future contributions or refunded to the employer.
SB30,1441
4Section 1441
. 108.22 (8) (a) of the statutes is amended to read:
SB30,674,145
108.22
(8) (a) If benefits are erroneously paid to an individual, the individual's
6liability to reimburse the fund for the overpayment may be set forth in a
7determination or decision issued under s. 108.09. Any determination which
8establishes or increases an overpayment shall include a finding concerning whether
9waiver of benefit recovery is required under par. (c). If any decision of an appeal
10tribunal, the
commission administrator, or any court establishes or increases an
11overpayment and the decision does not include a finding concerning whether waiver
12of benefit recovery is required under par. (c), the
appeal tribunal,
commission 13administrator, or court shall remand the issue to the department for a
14determination.
SB30,1442
15Section 1442
. 108.22 (8) (c) 2. of the statutes is amended to read:
SB30,674,1916
108.22
(8) (c) 2. If a determination or decision issued under s. 108.09 is
17amended, modified
, or reversed by an appeal tribunal, the
commission 18administrator, or any court, that action shall not be treated as establishing a
19departmental error for purposes of subd. 1. a.
SB30,1443
20Section 1443
. 108.24 (4) of the statutes is amended to read:
SB30,675,421
108.24
(4) Any person who, without authorization of the department, permits
22inspection or disclosure of any record relating to the administration of this chapter
23that is provided to the person by the department under s. 108.14 (7) (a), (b), or (bm)
24and any person who, without authorization of the commission, permits inspection or
25disclosure of any record relating to the administration of this chapter that is provided
1to the person by the commission under s. 108.14 (7) (a), shall be fined not less than
2$25 nor more than $500 or may be imprisoned in the county jail for not more than
3one year or both. Each such unauthorized inspection or disclosure constitutes a
4separate offense.
SB30,1444
5Section 1444
. 109.09 (1) of the statutes is amended to read:
SB30,676,26
109.09
(1) The department shall investigate and attempt equitably to adjust
7controversies between employers and employees as to alleged wage claims. The
8department may receive and investigate any wage claim that is filed with the
9department, or received by the department under s. 109.10 (4), no later than 2 years
10after the date the wages are due. The department may, after receiving a wage claim,
11investigate any wages due from the employer against whom the claim is filed to any
12employee during the period commencing 2 years before the date the claim is filed.
13The department shall enforce this chapter and s. 66.0903, 2013 stats., s. 103.49, 2013
14stats.,
and s. 229.8275, 2013 stats.,
and s. 16.856, 2015 stats., and ss.
16.856, 103.02,
15103.82, and 104.12. In pursuance of this duty, the department may sue the employer
16on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03
17(6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s.
18109.10, the department may refer such an action to the district attorney of the county
19in which the violation occurs for prosecution and collection and the district attorney
20shall commence an action in the circuit court having appropriate jurisdiction. Any
21number of wage claims or wage deficiencies against the same employer may be joined
22in a single proceeding, but the court may order separate trials or hearings. In actions
23that are referred to a district attorney under this subsection, any taxable costs
24recovered by the district attorney shall be paid into the general fund of the county
25in which the violation occurs and used by that county to meet its financial
1responsibility under s. 978.13 (2) (b) for the operation of the office of the district
2attorney who prosecuted the action.
SB30,1445
3Section 1445
. 110.20 (9) (g) of the statutes is amended to read:
SB30,676,84
110.20
(9) (g) Prescribe a procedure for remote sensing of not less than 0.5
5percent of nonexempt vehicles and, for such vehicles that grossly exceed applicable
6emission limitations, as determined by the department, notifying vehicle owners by
7mail
or, if desired by the vehicle owner, by any electronic means offered by the
8department that an emissions inspection must be performed under sub. (6) (a) 4.
SB30,1446
9Section 1446
. 111.07 (5) of the statutes is amended to read:
SB30,677,410
111.07
(5) The commission may
make findings and orders or may authorize
11a commissioner or an examiner to make findings and orders. Any party in interest
12who is dissatisfied with the findings or order
of a commissioner or examiner may file
13a written petition with the commission
as a body to review the findings or order. If
14no petition is filed within 20 days from the date that a copy of the findings or order
15of the commissioner or examiner was mailed to the last-known address of the parties
16in interest, such findings or order shall be considered the findings or order of the
17commission
as a body unless set aside, reversed
, or modified by
such commissioner 18the commission or examiner within such time. If the findings or order are set aside
19by the
commissioner commission or examiner the status shall be the same as prior
20to the findings or order set aside. If the findings or order are reversed or modified
21by the commissioner or examiner, the time for filing petition with the commission
22shall run from the time that notice of such reversal or modification is mailed to the
23last-known address of the parties in interest. Within 45 days after the filing of such
24petition with the commission, the commission shall either affirm, reverse, set aside
, 25or modify such findings or order, in whole or in part, or direct the taking of additional
1testimony. Such action shall be based on a review of the evidence submitted. If the
2commission is satisfied that a party in interest has been prejudiced because of
3exceptional delay in the receipt of a copy of any findings or order
, it may extend the
4time another 20 days for filing a petition with the commission.
SB30,1447
5Section 1447
. 111.07 (6) of the statutes is amended to read:
SB30,677,116
111.07
(6) The commission shall have the power to remove or transfer the
7proceedings pending before
a commissioner or
an examiner. It may also, on its own
8motion, set aside, modify
, or change any order, findings
, or award, whether made by
9an individual commissioner, an examiner
, or by the commission
as a body, at any time
10within 20 days from the date thereof if it shall discover any mistake therein, or upon
11the grounds of newly discovered evidence.
SB30,1448
12Section 1448
. 111.14 of the statutes is amended to read:
SB30,677,17
13111.14 Penalty. Any person who shall willfully assault, resist, prevent,
14impede
, or interfere with
any member of the commission or any of its agents or
15agencies in the performance of duties pursuant to this subchapter shall be punished
16by a fine of not more than $500 or by imprisonment in the county jail for not more
17than one year, or both.
SB30,1449
18Section 1449
. 111.32 (1) of the statutes is renumbered 111.32 (1r).
SB30,1450
19Section 1450
. 111.32 (1g) of the statutes is created to read:
SB30,677,2120
111.32
(1g) “Administrator” means the administrator of the division of the
21department that is responsible for administering this subchapter.
SB30,1451
22Section 1451
. 111.32 (2) of the statutes is repealed.
SB30,1452
23Section 1452
. 111.322 (2m) (c) of the statutes is repealed.
SB30,1453
24Section 1453
. 111.322 (2m) (d) of the statutes is amended to read:
SB30,678,2
1111.322
(2m) (d) The individual's employer believes that the individual
2engaged or may engage in any activity described in pars. (a) to
(c) (bm).
SB30,1454
3Section 1454
. 111.335 (1) (cx) of the statutes is amended to read:
SB30,678,74
111.335
(1) (cx) Notwithstanding s. 111.322, it is not employment
5discrimination because of conviction record to refuse to employ or license, or to bar
6or terminate from employment or licensure, any individual who has been convicted
7of any offense under s.
38.50 440.52 (13) (c).
SB30,1455
8Section 1455
. 111.375 (1) of the statutes is amended to read:
SB30,678,199
111.375
(1) This subchapter shall be administered by the department. The
10department may
make, amend and rescind such promulgate rules
as are necessary
11to carry out this subchapter. The department
or the commission may, by such agents
12or agencies as it designates, conduct in any part of this state any proceeding, hearing,
13investigation
, or inquiry necessary to the performance of its functions. The
14department shall preserve the anonymity of any employee who is the aggrieved party
15in a complaint of discrimination in promotion, compensation
, or terms and conditions
16of employment, of unfair honesty testing
, or of unfair genetic testing against his or
17her present employer until a determination as to probable cause has been made,
18unless the department determines that the anonymity will substantially impede the
19investigation.
SB30,1456
20Section 1456
. 111.39 (4) (b) of the statutes is amended to read:
SB30,679,1221
111.39
(4) (b) If the department finds probable cause to believe that any
22discrimination has been or is being committed, that unfair honesty testing has
23occurred or is occurring
, or that unfair genetic testing has occurred or is occurring,
24it may endeavor to eliminate the practice by conference, conciliation
, or persuasion.
25The parties may also attempt to resolve the complaint through offers of settlement
1in accordance with s. 111.392. If the department does not eliminate the
2discrimination, unfair honesty testing
, or unfair genetic testing
and the complaint
3is not resolved through settlement under s. 111.392 or otherwise, the department
4shall issue and serve a written notice of hearing, specifying the nature of the
5discrimination that appears to have been committed or unfair honesty testing or
6unfair genetic testing that has occurred, and requiring the person named, in this
7section called the “respondent
",,”
to answer the complaint at a hearing before an
8examiner. The notice shall specify a time of hearing not less than 30 days after
9service of the complaint, and a place of hearing within either the county of the
10respondent's residence or the county in which the discrimination, unfair honesty
11testing
, or unfair genetic testing appears to have occurred. The testimony at the
12hearing shall be recorded or taken down by a reporter appointed by the department.
SB30,1457
13Section 1457
. 111.39 (4) (c) of the statutes is amended to read:
SB30,680,1314
111.39
(4) (c) If, after hearing, the examiner finds that the respondent has
15engaged in discrimination, unfair honesty testing
, or unfair genetic testing, the
16examiner shall make written findings and order such action by the respondent as
17will effectuate the purpose of this subchapter, with or without back pay
, except as
18provided in s. 111.392 (12) and except that no attorney fees or costs shall be awarded
19to a complainant under this paragraph if no reinstatement, monetary relief, or other
20substantive or tangible benefit is ordered. If the examiner awards any payment to
21an employee because of a violation of s. 111.321 by an individual employed by the
22employer, under s. 111.32 (6), the employer of that individual is liable for the
23payment. If the examiner finds a respondent violated s. 111.322 (2m), the examiner
24shall award compensation in lieu of reinstatement if requested by all parties and
25may award compensation in lieu of reinstatement if requested by any party.
1Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may not be
2less than 500 times nor more than 1,000 times the hourly wage of the person
3discriminated against when the violation occurred. Back pay liability may not
4accrue from a date more than 2 years prior to the filing of a complaint with the
5department. Interim earnings or amounts earnable with reasonable diligence by the
6person discriminated against or subjected to unfair honesty testing or unfair genetic
7testing shall operate to reduce back pay otherwise allowable. Amounts received by
8the person discriminated against or subject to the unfair honesty testing or unfair
9genetic testing as unemployment benefits or welfare payments shall not reduce the
10back pay otherwise allowable, but shall be withheld from the person discriminated
11against or subject to unfair honesty testing or unfair genetic testing and immediately
12paid to the unemployment reserve fund or, in the case of a welfare payment, to the
13welfare agency making the payment.
SB30,1458
14Section 1458
. 111.39 (5) of the statutes is amended to read:
SB30,680,1715
111.39
(5) (a) Any respondent or complainant who is dissatisfied with the
16findings and order of the examiner may file a written petition with the department
17for review
by the commission of the findings and order
by the administrator.
SB30,681,218
(b) If no petition is filed within 21 days from the date that a copy of the findings
19and order of the examiner is mailed to the last-known address of the respondent the
20findings and order shall be considered final for purposes of enforcement under sub.
21(4) (d). If a timely petition is filed, the
commission administrator, on review, may
22either affirm, reverse
, or modify the findings or order in whole or in part, or set aside
23the findings and order and remand to the department for further proceedings. Such
24actions shall be based on a review of the evidence submitted. If the
commission 25department is satisfied that a respondent or complainant has been prejudiced
1because of exceptional delay in the receipt of a copy of any findings and order it may
2extend the time another 21 days for filing the petition with the department.
SB30,681,103
(c) On motion, the
commission administrator may set aside, modify
, or change
4any decision made by the
commission administrator, at any time within 28 days from
5the date thereof if it discovers any mistake therein, or upon the grounds of newly
6discovered evidence. The
commission administrator may on its own motion, for
7reasons it deems sufficient, set aside any final decision of the
commission 8administrator within one year from the date thereof upon grounds of mistake or
9newly discovered evidence, and remand the case to the department for further
10proceedings.
SB30,1459
11Section 1459
. 111.392 of the statutes is created to read:
SB30,681,12
12111.392 Offers of settlement.
(1) In this section: