CR 15-031 Hearing Information

State of Wisconsin

Department of Workforce Development

NOTICE OF PUBLIC HEARING

Rule Relating to Audio Recording of a Worker's Compensation Hearing

Section DWD 80.13, Wis. Admin. Code

The Wisconsin Department of Workforce Development (DWD) announces that it will hold a public hearing on a permanent rule relating to audio recording of a worker's compensation hearing (Section DWD 80.13).

DWD will hold a public hearing on April 28, 2015 at 2:00 p.m. Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing. Written comments will be accepted until Friday, May 1, 2015. Comments may be sent to the Division of Worker's Compensation at the address below, or to [e-mail] or to http://adminrules.wisconsin.gov.

You can obtain a free copy of the hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Workforce Development, Division of Worker's Compensation, P.O. Box 7901, Madison, WI 53707-7901. You can also obtain a copy by calling [phone] or by emailing [e-mail]. Copies will also be available at the hearings. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov.

Comments or concerns relating to small business may also be addressed to DWD’s small business regulatory coordinator Howard Bernstein at the address above, or by email to [e-mail], or by telephone at [phone].

Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Hearing Date and Location:

Tuesday, April 28, 2015, 2:00 p.m.

Department of Workforce Development

201 East Washington Avenue, Room B106

Madison, WI 53707

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Analysis Prepared by the Department of

Workforce Development

Statutes interpreted

Statutes Interpreted: Section 102.15, Stats.

Statutory authority

Statutory Authority: ss. 102.15 (1) and 103.005 (1), Stats.

Explanation of statutory authority

Chapter 102, Stats., governs the state's worker's compensation program. The department has general rule-making authority under s. 102.15 (1), Stats., to adopt rules of procedure and s. 103.005 (1), Stats., to adopt reasonable and proper rules and regulations relative to exercise of its powers and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.

Related statutes or rules

Chapter 102, Stats. relating to worker's compensation.

Plain language analysis

This proposed rule will create DWD 80.13 to allow a party to a worker's compensation case to audio record the proceedings of a formal hearing in a non-disruptive and non-obstructive manner; and only when verbal notice is given to the administrative law judge and all parties involved prior to the start of the hearing and before recording begins.

The right to audio record the proceedings of a formal hearing is limited to the parties in the case. The proposed rule allows a party to voluntarily record a hearing for the party's own purposes and is not considered the official transcript or record of the hearing. The official transcript and record of the hearing are provided under s. 102.15 (3), Stats.

Under this proposed rule, the administrative law judge can establish conditions for the audio recording of the proceedings of a formal hearing to avoid disruption or obstruction of the hearing.

Summary of, and comparison with, existing or proposed federal statutes and regulations

There are no proposed or existing federal statutes or regulations related to the proposed rule.