1. Any generally recognized fact or established technical or scientific fact having reasonable probative value.
2. Department records or information obtained from the department when necessary to confirm the effect of the commission’s decision on the amount of benefits due, overpaid, waived, or forfeited, or penalties imposed.
(b) In any case in which the commission took administrative notice under par. (a), a party may submit a written request within 14 days of the commission’s decision for an opportunity to provide written argument for any of the following reasons:
1. To challenge the propriety of taking administrative notice of department records or other information under par. (a).
2. To challenge the accuracy of a finding of fact that was the subject of administrative notice.
3. To provide rebuttal evidence regarding a finding of fact that was the subject of administrative notice.
(4) The commission may redact social security numbers and other personally identifiable information and declare all or parts of a document or other material or evidence to be confidential and closed to inspection by one or more parties, representatives, or others.
SECTION 9. LIRC 1.05 is amended to read:
LIRC 1.05 Hearings. If the commission determines that a record in a case is inadequate for the commission to arrive at a decision, the commission shall set aside the decision of the administrative law judge or hearing examiner and remand the case to the department of workforce development or hearings and appeals division to take additional evidence and issue a new decision, or remand the case to take additional evidence on behalf of the commission.
SECTION 10. LIRC 1.07 is amended to read:
LIRC 1.07 Briefs. Either A party may request that the commission to establish a briefing schedule. Requests A request to file briefs a brief may be made in the petition for review, in an answer, or in writing after the petition and answer has been filed. The commission may deny a request to file a brief which that is not made in a petition or answer if the commission has already reviewed the case but not yet issued its decision at the time the request is made but not yet issued its decision. Each A party may file with the commission briefs a brief or memorandamemorandum within the time limits of the a briefing schedule established by the commission. Requests A request for extensions an extension of time for filing briefs a brief shall be made in writing. Extensions An extension may be approved in writing upon good cause shown. A party filing a brief or memorandum with the commission shall furnish a copy to the opposing party.
SECTION 11. LIRC 1.08 is created to read:
LIRC 1.08 Reconsideration and requests to set aside decisions.
(1) A request for the commission to reconsider a decision, or to set aside any final determination or decision of an appeal tribunal, administrative law judge, or the commission, due to mistake or newly discovered evidence, shall be made in writing by one of the following methods:
(a) By facsimile (fax) transmission to 608-267-4409.
(b) By mail to the commission’s office at 3319 West Beltline Highway, P.O. Box 8126, Madison, Wisconsin 53708.
(c) In person at the commission’s office at 3319 West Beltline Highway, 2nd Floor, Madison, Wisconsin 53713.
(2) A request for reconsideration of a final commission decision does not toll the time to appeal a commission decision to the circuit court.
SECTION 12. LIRC ch. 2 (title) is amended to read: UNEMPLOYMENT COMPENSATION INSURANCE
SECTION 13. LIRC 2.01 is repealed and recreated to read:
LIRC 2.01 Petitions for review; where and how filed. A petition for review of an appeal tribunal decision under s. 108.09 or 108.10, Stats., shall be filed with the commission as provided in s. LIRC 1.025 (2). An out-of-state claimant also may file a petition for review with a qualified employee of the agent state in which the out-of-state claimant files his or her interstate claim. SECTION 14. LIRC 2.015 (intro.) and (1) to (7) are amended to read:
LIRC 2.015 Timeliness of petitions. For purposes of s. 108.09 (6) (a), Stats., the words Petitions for review are considered “received” and or “postmarked” have the following meanings as follows: (1) If the petition for review is personally delivered, the petition is considered “received” when the division of unemployment insurance of the department or the commission physically receives the petition.
(2) If the petition for review is mailed and bears only a United States postal service postmark, the petition is considered “postmarked” on the date of that postmark.
(3) If the petition for review is mailed and bears both a United States postal service postmark and a private meter mark, the petition is considered “postmarked” on the date of the United States postal service postmark.
(4) If the petition for review is mailed and bears only a private meter mark, the petition is considered “postmarked” on the date of that mark, unless it appears that the private meter mark is not accurate.
(5) If the petition for review is mailed and bears no mark, or bears an illegible or inaccurate mark, the petition is considered “postmarked” 2 business days prior to the date the petition was physically received by the division of unemployment insurance of the department or the commission if the point of origin of the petition is within the State of Wisconsin, and 3 business days if the point of origin is outside the state.
(6) If the petition for review is sent using a delivery service other than the United States postal service, and bears a delivery service mark which is the equivalent of a United States postal service postmark, the petition is considered “postmarked” on the date of that delivery service mark.
(7) If the petition for review is sent using a delivery service other than the United States postal service, and does not bear a delivery service mark which is the equivalent of a United States postal service postmark, or bears an illegible or inaccurate delivery service mark, the petition is considered “postmarked” 2 business days prior to the date the petition was physically received by the division of unemployment insurance of the department or the commission.
SECTION 15. LIRC 2.05 is repealed and recreated to read:
LIRC 2.05 Actions for judicial review. Judicial review of any commission decision under s. 108.09 or 108.10, Stats., shall be commenced in the manner and upon the grounds specified in s. 108.09 (7), Stats., and not under ch. 227 or s. 801.02, Stats. A party or the department may commence a legal action for review of the commission decision in circuit court within 30 days from the date of the commission’s decision. The action is commenced only by filing a summons and a complaint with the circuit court and serving an authenticated copy of the summons and a copy of the complaint upon the commission, all within 30 days. Service shall be made upon a commissioner or an agent authorized by the commission to accept service only at the commission’s office in Madison. Service shall be considered completed service on all parties, but there shall be left with the person so served as many copies of the authenticated summons and copies of the complaint as there are defendants. Service by mail is effective only if the pleadings are physically received by the commission at its office in Madison within the appeal period. The complaint shall state the grounds upon which review is sought. For plaintiffs other than the department, the summons and complaint shall name as defendants the commission, the department, and every other party to the proceedings before the commission. When the plaintiff is the department, the summons and complaint shall name as defendants the commission, and every other party to the proceedings before the commission. The proceedings shall be in the circuit court of the county where the plaintiff resides except that, if the plaintiff is the department, the proceedings shall be in the circuit court of the county where a defendant other than the commission resides. The proceedings may be brought in any circuit court if all parties appearing in the case agree, or if the court, after notice and a hearing, so orders. SECTION 16. LIRC 2.05 (Note) is created to read:
Note: The commission has answers to frequently asked questions about appealing a commission unemployment insurance decision to the circuit court and sample pleadings available on its website at http://lirc.wisconsin.gov/uihowtoappeal.htm. SECTION 17. LIRC 3.01 is repealed and recreated to read:
LIRC 3.01 Petitions for review; where and how filed. A petition for review of the findings or order of an administrative law judge under s. 102.18, Stats., shall be filed with any of the following, but only in the manner provided: (2) In person at a department worker’s compensation office or an office of the hearings and appeals division.
SECTION 18. LIRC 3.04 is amended to read:
LIRC 3.04 Compromise settlements. Compromise settlements of worker’s compensation claims are governed by s. 102.16, Stats., and s. DWD 80.03. Under s. 102.18 (4) (d), Stats., if a compromise is reached while a case is pending commission review, the compromise shall be submitted to the commission, and the commission shall remand the case to the worker’s compensation division of the department or the hearings and appeals division, as appropriate, for consideration of the compromise. If the compromise is not approved, the party who filed the petition for commission review may reinstate its petition by notifying the commission. Under s. 102.24 (2), Stats., if a compromise is reached while a case is pending court review of a commission order, remand shall be to the commission and the commission shall then remand the case to the department or the hearings and appeals division, as appropriate, for consideration of the compromise. SECTION 19. LIRC 3.05 is amended to read:
LIRC 3.05 Actions for judicial review. Judicial review of any commission decision shall be commenced in the manner and upon the grounds specified in s. 102.23, Stats., and not under ch. 227, Stats., or s. 801.02, Stats. Either A party may commence a legal action for review of the commission decision in circuit court. The action must shall be commenced within 30 days from the date of the decision. Such The action is commenced only by filing a summons and a complaint with the circuit court and serving an authenticated copy of the summons and a copy of the complaint upon the commission, all within 30 days. Service must shall be made upon a commissioner of the labor and industry review commission or an agent authorized by the commission to accept service only at the commission’s office in Madison. Such service Service shall be deemed considered complete service on all parties but there shall be left with the person so served as many copies of the authenticated summons and copies of the complaint as there are defendants. Service made by mail is effective only if the pleadings are actually physically received by the commission at its office in Madison within the appeal period. The complaint shall state the grounds upon which review is sought. The action shall be commenced against the commission, and the party in whose favor the order or award was made shall also be made a defendant. The summons and complaint shall name the party commencing the action as the plaintiff, and shall name as defendants the commission and all other parties identified by the commission in its decision as parties that must be made defendants. The proceedings shall be in the circuit court of the county where the plaintiff resides, except that, if the plaintiff is a state agency, the proceedings shall be in the circuit court of the county where the a defendant resides. If the plaintiff is a nonresident of Wisconsin, the proceedings shall be in the circuit court for the county where the claim arose. The proceedings may be brought in any circuit court if all parties stipulate and that court agrees. SECTION 20. LIRC 3.05 (Note) is created to read:
Note: The commission has answers to frequently asked questions about appealing a commission worker’s compensation decision to the circuit court and sample pleadings for claimants available on its website at http://lirc.wisconsin.gov/wchowtoappeal.htm. SECTION 21. LIRC 4.01 is repealed and recreated to read:
LIRC 4.01 Petitions for review; where and how filed. A petition for review of the findings or order of a department administrative law judge or hearing examiner under s. 106.52 or 111.39 (5), Stats., shall be filed with an office of the equal rights division only as provided in s. DWD 218.21 or 221.22. SECTION 22. LIRC 4.04 (Note) is created to read:
Note: The commission has answers to frequently asked questions about appealing a commission fair employment decision to the circuit court and a sample petition for judicial review form available on its website at http://lirc.wisconsin.gov/erhowtoappeal.htm. SECTION 23. LIRC ch. 5 is created to read: WORKER CLASSIFICATION COMPLIANCE
LIRC 5.01 Petitions for review; where and how filed. Section 103.06 (6) (c), Stats., governs the procedure by which an employer or the department may petition the commission for review of an appeal tribunal decision issued under s. 103.06 (6) (b) 1. A petition for review of an appeal tribunal decision under s. 103.06 (6) (c), Stats., may be filed with the commission by any manner as provided in s. LIRC 1.025 (2). LIRC 5.02 Timeliness of Petitions.
(1) A petition for review under s. 103.06 (6) (c), Stats., is timely if it is physically received by the commission, or postmarked, within 21 days after the appeal tribunal decision was mailed to the employer’s last-known address, as provided in s. LIRC 2.015. (2) The commission shall dismiss a petition that is not timely filed unless the petitioner shows that the petition was late for a reason beyond the petitioner’s control.
LIRC 5.03 Actions for judicial review.
(1) Section 103.06 (6) (d), Stats., governs the procedure by which an employer or the department may begin an action for judicial review of a commission decision issued under s. 103.06 (6) (c), Stats. (2) Judicial review of a commission decision under s. 103.06 (6) (d), Stats., may be commenced upon the grounds specified in s. 108.09 (7), Stats., and not under ch. 227, Stats., or s. 801.02, Stats. An employer or the department may commence an action for judicial review of a decision of the commission within 30 days after the date of the commission’s decision. The action under this subsection is commenced only by filing a summons and a complaint with the circuit court and serving an authenticated copy of the summons and a copy of the complaint on the commission, all within 30 days. Service shall be made upon a commissioner or an agent authorized by the commission to accept service and shall be made only at the commission’s office in Madison. Service shall be considered complete service on all parties but there shall be left with the person so served as many copies of the authenticated summons and copies of the complaint as there are defendants. Service by mail is effective only if the pleadings are physically received by the commission at its office in Madison within the appeal period. The complaint shall state the grounds upon which review is sought. The summons and complaint shall name as defendants the commission, the department, and every other party to the proceedings before the commission. The proceedings shall be in the circuit court of the county where the plaintiff resides except that, if the plaintiff is the department, the proceedings shall be in the circuit court of the county where a defendant other than the commission resides. The proceedings may be brought in any circuit court if all parties appearing in the case agree, or if the court, after notice and a hearing, so orders. (3) The scope of judicial review and the manner of that review, insofar as it is applicable, shall be the same as that provided in s. 108.09 (7), Stats. SECTION 24. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
