SECTION 3. DWD 75.03 (2m) is created to read:
DWD 75.03 (2m) “Administrator's representative” means an employee of the department designated by the administrator to represent the department at each hearing.
SECTION 4. DWD 75.03 (3) is amended to read:
DWD 75.03 (3) “Appeal” means a request for relief filed with the division by the applicant or eligible individual based a on the determination of ineligibility of services or the decision of the furnishing or denial of services issued by the division relating to eligibility for services or the furnishing or denial of services under the act.
SECTION 5. DWD 75.03 (3m) is created to read:
DWD 75.03 (3m) "Contract administrator" means an employee of the department responsible for administering the contracts with the hearing officer.
SECTION 6. DWD 75.03 (4) is repealed.
SECTION 7. DWD 75.03 (5r) is created to read:
DWD 75.03 (5r) “Determination of ineligibility” means a determination issued by the department to an individual who applies for vocational rehabilitation services and is determined not to be eligible for the services; or a decision issued by the department to an eligible individual receiving services under an IPE and is determined to no longer be eligible for services.
SECTION 8. DWD 75.03 (8) and (9) are amended to read:
DWD 75.03 (8) “Hearing” means a formal review by an impartial hearing officer of a the determination of ineligibility for services or the decision of the division furnishing or denial of services issued by an impartial hearing officer the division.
(9) “Hearing coordinator” means the person an employee of the department within the division who maintains the records of hearings under the act, contacts hearing officers to initiate schedule hearings and ensures that required time limits requirements for the completion and reporting of hearings are observed.
SECTION 9. DWD 75.03 (10) to (16) are amended to read:
DWD 75.03 (10) “Hearing request” means a written request for a hearing signed by an appellant or an appellant’s representative which states the issue involved in the appeal and the desired outcome applicant or eligible individual to appeal a determination of ineligibility of services or the decision of the furnishing or denial of services.
(11) “Intent to review” means that the administrator department will review the decision of a hearing officer to determine if the decision will be allowed to stand or will be modified as provided by the act.
(12) “IWRP” “IPE” means individualized written rehabilitation program plan for employment.
(13) “Order of selection” has the meaning prescribed in s. DWD 65.03 (17) means the order of priority for service, by category, required by 29 USC 721 (a) (5) (A) to ensure that clients with the most severe functional limitations who need multiple services over an extended period of time are served before clients who have less severe functional limitations or do not require multiple services over an extended period of time. (14) “Party” means the appellant or appellant’s an applicant or eligible individual, or the representative of the applicant or eligible individual, or the administrator’s representative.
(15) “Prehearing interview conference” means a joint face-to-face meeting, a telephone conference, separate meetings or separate telephone calls by the hearing officer with the parties prior to the hearing to formulate a statement of the issue or issues presented by an appeal, to identify potential witnesses, to establish a schedule for discovery and deadlines for exchange of witness lists and exhibits, to receive motions and to clarify any remaining issues to be considered or excluded from a hearing.
(16) “Representative” means a parent or, guardian of an appellant under age 18, a person designated in writing by an adult appellant as the , other family member or advocate designated in writing by the applicant or eligible individual, or a representative, a person of the applicant or eligible individual appointed by a court to represent an appellant or the person designated by the administrator as his or her representative for a hearing.
SECTION 10. DWD 75.03 (16m) is created to read:
DWD 75.03 (16m) "Secretary" means the secretary of the department.
SECTION 11. DWD 75.03 (17) is amended to read:
DWD 75.03 (17) “Wisconsin client assistance program” or “client assistance program” means a service program established by the governor under 34 CFR 370.2 (a) to (d) and funded in whole or in part by the act to assist individuals with disability-related issues and appeals under the act. SECTION 12. DWD 75.04 is amended to read:
DWD 75.04 Right to a hearing. An applicant or eligible individual or a representative of an individual may appeal a determination of ineligibility for services or the decision concerning eligibility for services or of the furnishing or denial of services under the act, including a decision relating to an order of selection for services, whenever vocational rehabilitation services for an individual are denied, reduced, suspended, or terminated.
SECTION 13. DWD 75.05 (1), (2) and (Note) are amended to read:
DWD 75.05 (1) TIME LIMITS. The time limit for filing a hearing request shall be within 12 months after a determination of ineligibility for services or the notice of a decision or action of the furnishing or denial of services was mailed to the appellant applicant or eligible individual, or the representative of the applicant or eligible individual. Failure to file a hearing request within the 12 month limit shall be cause for the hearing request to be dismissed.
(2) HOW TO FILE. A An applicant or eligible individual shall file a written hearing request shall be filed and state the issues involved in the appeal and the desired outcome on a form provided by the department with the hearing coordinator.
Note: The address for requesting To obtain a hearing is request form, or for questions relating to filing a hearing request, contact the Hearing Coordinator, Division of Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707, telephone (800) 442-3477 or access the form online at http://dwd.wisconsin.gov/dvr/. SECTION 14. DWD 75.06 is amended to read:
DWD 75.06 Acknowledgment of a hearing request. The hearing coordinator shall acknowledge receipt of a hearing request in writing and notify the parties when a hearing request has been properly filed within 5 working days after receiving the request. If a representative has been designated, the notice shall be sent to hearing coordinator shall notify the applicant's or eligible individual's representative in writing. If the appellant has a representative, a copy shall also be sent to the appellant by certified mail. This notice The acknowledgment of a hearing request shall include as enclosures a copy of this chapter, a brochure explaining the and information on appeal process rights and a the Wisconsin client assistance program brochure.
SECTION 15. DWD 75.07 is amended to read:
DWD 75.07 Time limit for hearing. A hearing shall be held within 45 60 calendar days of the receipt of the hearing request by a the hearing coordinator unless the hearing officer grants an parties agree to a specific extension for good cause at the request of either party time.
SECTION 16. DWD 75.08 (intro.) and (1) to (5) are amended to read:
DWD 75.08 (intro.) Motions relative to a hearing. Motions shall be filed by the parties in writing as soon as possible and are expected at least within 5 working days prior to a scheduled hearing. A motion shall state the grounds of the motion and the relief or order requested. Briefs, affidavits, documentary evidence and other papers in support of a motion shall be filed with the motion and the hearing officer. The Motions relative to a hearing may include any of the following are examples of common motions but motions are not limited to these examples:
(1) MOTION TO EXTEND TIME LIMITS. A motion to extend any time limit, including the 45 60-day time limit for holding a hearing shall be filed with the hearing officer.
(2) MOTION TO DISMISS A HEARING REQUEST FOR LACK OF SUBJECT MATTER JURISDICTION. A motion to dismiss a hearing request on the grounds that the division department does not have subject matter jurisdiction may be filed at any time with the hearing officer.
(3) MOTION TO AMEND A HEARING REQUEST. A motion to expand or restrict the nature or scope of the hearing shall be filed with the hearing officer.
(4) MOTION TO WITHDRAW A HEARING REQUEST. An appellant applicant or eligible individual, or the representative of the applicant or eligible individual, may withdraw from the appeal process at any time. If the appellant has made a verbal request to withdraw and a motion has not been filed with the hearing officer within 10 days, the hearing officer shall act on the verbal request and issue a decision.
(5) MOTION FOR A SUBSTITUTE HEARING OFFICER. Either party may file a motion for a substitute hearing officer for reasons of conflict of interest, bias or qualifications. A motion for a substitute hearing officer shall be filed with the hearing coordinator. The hearing coordinator shall immediately forward the request with his or her recommendation to the administrator with a copy of any relevant comments regarding that hearing officer’s performance. If the motion is granted, the hearing coordinator shall assign a different hearing officer. The hearing coordinator shall forward a copy of any administrator’s comments regarding the performance of that hearing officer to the division contract administrator as comments on hearing officer’s performance under a contract.
SECTION 17. DWD 75.09 (1) to (3) are amended to read:
DWD 75.09 (1) ADMINISTRATOR’S REPRESENTATIVE. The administrator shall designate a representative An administrator's representative shall be designated for each hearing.
(2) APPELLANT’S REPRESENTATIVE REPRESENTATIVE OF APPLICANT OR ELIGIBLE INDIVIDUAL. Designation of a representative is optional for the appellant. An appellant applicant or eligible individual may select any responsible adult as designate a representative or, as permitted under federal law, an appellant may ask for a hearing. As provided under 34 CFR 370.4, upon the request of an applicant or eligible individual, the Wisconsin client assistance program to may provide assistance in resolving the disagreement, including preparing the request for a hearing or serving as the appellant’s and advocacy services for the applicant or eligible individual and may be the designated representative of an applicant or eligible individual. (3) NOTICE OF REPRESENTATION. Notice of representation shall be filed with the hearing officer as part of the prehearing interview conference under s. DWD 75.14, or at least within 5 working days in advance of the scheduled hearing. If an appellant’s the representative of the applicant or eligible individual has been properly designated in writing prior to a hearing request, that designation shall be valid for a hearing unless revoked by the appellant applicant or eligible individual. If the appellant applicant or eligible individual is not present at a hearing to introduce a representative, the hearing officer may require the representative to present identification before the hearing may proceed.
SECTION 18. DWD 75.10 (1) and (2) are amended to read:
DWD 75.10 (1) DOCUMENTS FILED WITH REPRESENTATIVE. If a party the applicant or eligible individual has designated a representative in writing, all correspondence and other documents related to the hearing shall be mailed to the representative of the applicant or eligible individual. For documents sent by mail, the date the document is received by the addressee named in this chapter applicant or eligible individual, or representative of the applicant or eligible individual, determines the date of filing.
(2) FILING IN PERSON. For papers filed in person, the date the addressee named in this chapter applicant or eligible individual, or the representative of the applicant or eligible individual, receives the document determines the filing date.
SECTION 19. DWD 75.11 is renumbered DWD 75.11 (intro.) and as renumbered is amended to read:
DWD 75.11 Services while a hearing officer’s decision is pending. Pending the decision of a hearing officer, the department may not suspend, reduce or terminate vocational rehabilitation services under an IWRP including evaluation and assessment services and IPE development unless the any of the following apply:
(1) The services were obtained through misrepresentation, fraud, collusion or criminal conduct.
SECTION 20. DWD 75.11(2) is created to read:
(2) The applicant eligible individual, or, in appropriate cases, the applicant or eligible individuals representative requests a suspension, reduction or termination of services.
SECTION 21. DWD 75.12 (intro.), (1) and (3) are amended to read:
DWD 75.12 (intro.) Hearing officer qualifications. A hearing officer shall be knowledgeable about impartial and have knowledge of the delivery of vocational rehabilitation services, the requirements of the state plan for services under the act, the rules federal regulations and state regulations and policy governing the provision of the services and the procedures for conducting an impartial hearing, but may . The hearing officer shall not:
(1) Be an employe employee of the division department or other public agency involved in any decision about furnishing or denying vocational rehabilitation services except as an administrative law judge, a hearing examiner or an employe employee of an institution of higher education. An individual is not considered an employe employee of the division department solely because the individual is paid by the division department to serve as a hearing officer.
(3) Have been previously involved in previous decisions regarding the vocational rehabilitation of the appellant applicant or eligible individual.
SECTION 22. DWD 75.13 (1) and (3) are amended to read:
DWD 75.13 (1) The hearing officer shall conduct a prehearing interview, conference with the parties as specified under s. DWD 75.14. The hearing officer may receive and act on motions under s. DWD 75.08, may use the power of subpoena under s. 885.01, Stats., and may contact any party prior to a scheduled hearing to obtain needed information or to suggest mediation if the parties agree that agreement is possible prior to the hearing. The parties retain all rights under this chapter regardless of their participation or nonparticipation in mediation. (3) The Except as provided under s. DWD 75.19, the decision of the hearing officer is final except when the administrator acts under s. DWD 75.19 to change the decision. SECTION 23. DWD 75.14 (title), (1) (intro.), (2) and (3) are amended to read:
DWD 75.14 (title) Prehearing interview conference.
(1) PURPOSE. The hearing officer shall ask the parties to participate in a prehearing interview conference to do one or more of the following:
(2) PARTICIPATION. The administrator’s representative shall participate in the prehearing interview conference. If the appellant applicant or eligible individual, or the representative of the applicant or eligible individual, fails to participate in a prehearing interview conference without prior notice, the hearing officer shall continue the prehearing interview conference period for 5 working days. During this period the appellant applicant or eligible individual, or the representative of the applicant or eligible individual, may file a good cause explanation, including the need for reasonable and specific disability accommodations, and request that the prehearing interview conference be rescheduled. If a motion is not filed within 5 working days, the hearing officer shall schedule the hearing within the 4560-day limit and notify the parties and the hearing coordinator of this decision. The administrator department may review this decision as provided in s. DWD 75.19. (3) HEARING NOT DELAYED BY PARTICIPATION IN A PREHEARING INTERVIEW CONFERENCE. Participation in a prehearing interview conference shall not delay a hearing and does not affect time limits under this chapter. The parties shall not forfeit any rights under this chapter by participating in a prehearing interview conference or meeting to reach agreement prior to a hearing.
