7. If the appeal was faxed filed by facsimile transmission, the date of transmission recorded on the faxed appeal. If the fax is received without a date of transmission recording, the date the facsimile is actually received by the department a hearing office is presumed to be the date of transmission.
Section 119. DWD 140.01 (2) (c) 7. (Note) is repealed.
Section 120. DWD 140.01 (2) (c) 8. is created to read:
DWD 140.01 (2) (c) 8. The date the department receives an electronically-filed appeal.
Section 121. DWD 140.04 (2) is amended to read:
DWD 140.04 (2) The administrative law judge appeal tribunal shall issue a decision which makes ultimate findings of fact and conclusions of law as to whether or not the appellant’s late appeal was for a reason beyond the appellant’s control. If the administrative law judge appeal tribunal decides this question in favor of the appellant, the same or another administrative law judge appeal tribunal shall then make ultimate findings of fact and conclusions of law on the merits of the case. If the administrative law judge appeal tribunal decides that the late appeal was late for a reason within the appellant’s control, the administrative law judge appeal tribunal shall dismiss the appeal.
Section 122. DWD 140.05 (1) to (4) are amended to read:
DWD 140.05 (1) An appellant may withdraw its an appeal at any time before the issuance of a decision on the merits by notifying the hearing office or by choosing not to continue to participate in a hearing. The administrative law judge appeal tribunal shall issue a withdrawal decision after determining that an appeal has been withdrawn.
(2) An appellant may submit a request to retract its withdrawal and reinstate its an appeal. The retraction request shall be in writing and state a the reason for the request. The administrative law judge appeal tribunal may not grant a request to retract a withdrawal unless the request establishes good cause for the retraction and is received within 21 days after the withdrawal decision was electronically delivered or mailed to the appellant.
(3) If the hearing office receives a timely retraction request before the issuance of a withdrawal decision and the request establishes good cause for the retraction, the administrative law judge appeal tribunal shall acknowledge the request by letter in writing to the appellant. If a timely retraction request is received by the hearing office after issuance of the withdrawal decision and the request establishes good cause for the retraction, the administrative law judge appeal tribunal shall issue a decision setting aside the withdrawal decision and the hearing office shall schedule another hearing.
(4) If the hearing office receives a retraction request before or after the issuance of a withdrawal decision and the request does not establish good cause for the retraction, the administrative law judge appeal tribunal shall deny the request by letter in writing to the appellant.
Section 123. DWD 140.06 (1) to (3) are amended to read:
DWD 140.06 (1) The department hearing office shall schedule a hearing at the earliest feasible time after the appeal is received. The hearing office shall mail a notice of hearing to each party.
(2) The notice of hearing shall state the time and place of the hearing, the department’s statutory authority for convening the hearing and the issues to be heard. The hearing office shall electronically deliver or mail the notice of hearing to the last-known address of each party not less than 6 calendar days before the hearing, unless all parties waive the notice requirement.
(3) The administrative law judge appeal tribunal may receive evidence and render a decision on issues not listed on the notice of hearing if each party is so all parties are notified at the hearing and does do not object.
Section 124. DWD 140.07 (1) (intro.), (2), (3) (intro), and (4) are amended to read:
DWD 140.07 (1) (intro.) After an appeal is filed, an administrative law judge the appeal tribunal may direct the parties to appear before the administrative law judge appeal tribunal for a prehearing conference. In determining whether a prehearing conference is necessary, the administrative law judge appeal tribunal may consider any of the following criteria:
(2) Prehearing conferences may be conducted in person or, by telephone or by videoconference. The date and time for the prehearing conference shall be set by the hearing office. Parties shall have at least 10 days calendar days’ notice of the prehearing conference. The administrative law judge appeal tribunal may adjourn the conference or order additional prehearing conferences.
(3) Following the prehearing conference, the administrative law judge appeal tribunal shall issue an order with respect to the course of the conference on any or all of the following matters:
(4) If a party fails to appear or is unprepared to participate in a prehearing conference, the administrative law judge appeal tribunal may conduct a conference and enter the prehearing order without participation by the party.
Section 125. DWD 140.08 is amended to read:
DWD 140.08 (1) A party who requests a postponement of a hearing shall make the request known to notify the hearing office as soon as the party becomes aware that a postponement is necessary. Unreasonable delay in requesting a postponement may be the basis for denial of the request.
(2) No postponements may be granted for the mere convenience of a party. All parties are expected to arrange time off from their everyday affairs, including management duties, work, and school, to attend hearings. The hearing office or the administrative law judge appeal tribunal scheduled to conduct the hearing may grant a postponement only for an exceptional reason. An exceptional reason may include any of the following circumstances such as the following:
(a) Serious illness of a party or a necessary witness;.
(b) Death of an immediate family member of a party or a necessary witness;.
(c) Weather conditions on the day of the hearing which make it hazardous for a party or a necessary witness to travel to the hearing location;.
(d) Transportation difficulties arising suddenly which prevent a party or a necessary witness from traveling to the hearing location;.
(e) A business meeting of a necessary witness which was scheduled prior to before receipt of the hearing notice and which cannot be re-scheduled; rescheduled.
(f) Commitment of a representative which was scheduled prior to his or her before being retained and which cannot be re-scheduled rescheduled, if the party contacted the representative within a reasonable time after receipt of the hearing notice; or.
(g) An unavoidable delay on the day of the hearing which prevents the administrative law judge appeal tribunal from conducting the hearing as scheduled.
Section 126. DWD 140.09 (1) (a) to (c), (2), (3) (intro.), and (b) are amended to read:
DWD 140.09 (1) (a) The hearing office shall compile a hearing file for every case in which a request for hearing has been received which shall contain the papers, documents and departmental records relating to the issue of the hearing. Prior to Before the scheduled date of the hearing, a party to a hearing may inspect the hearing file and procure copies of file contents during regular hearing office hours at the hearing office or other convenient location as determined approved by the hearing office. If requested, the hearing office may electronically deliver or mail copies of file contents to a party. The department may allow such inspection or release of file contents to a party’s representative, union agent or legislator only if that individual indicates by a written or verbal statement that the individual has authorization from the party, as prescribed under s. DWD 149.03 (2). (b) Unless the administrative law judge appeal tribunal orders otherwise, the sole means of discovery available to a party or party’s representative prior to before a hearing is inspection of the hearing file and procurement of copies of file contents. The administrative law judge appeal tribunal may also order a prehearing conference under s. DWD 140.07. The provisions of ch. 804, Stats., do not apply to hearings under ss. 108.09, 108.095 and 108.10, Stats. (c) The administrative law judge appeal tribunal may deny a request to inspect the hearing file or procure copies of file contents on the day of the hearing if such the inspection or procurement would delay or otherwise interfere with the hearing.
(2) Hearing stage. At the hearing, evidence and exhibits are open to inspection by any party or party’s representative except that the administrative law judge appeal tribunal may conduct a closed inspection of evidence and exhibits if the interests of justice so require. The judge appeal tribunal may sequester from the hearing room any person, party or representative as part of the closed inspection. The judge appeal tribunal may also issue a protective order to prohibit the parties and their representatives or the parties’ representatives from disclosing any evidence and exhibits listed as confidential in the protective order if the interests of justice so require.
(3) Post hearing stage. After the hearing is concluded, a party or a party’s representative may inspect any hearing file contents that the party or party’s representative may inspect under subs. (1) and (2), and also the hearing recording, written synopsis of testimony, and any transcript that is prepared at the department’s direction. Any person who is not a party or party’s representative at the hearing may inspect only the following and only if social security numbers have personally identifiable information, as defined in s. 19.62 (5), Stats., has been redacted from the documents: (b) The exhibits submitted and marked as exhibits at the hearing, whether or not received by the administrative law judge appeal tribunal.
Section 127. DWD 140.09 (3) (f) (Note) is created to read:
Note: Under s. 19.62 (5), Stats., “Personally identifiable information” means information that can be associated with a particular individual through one or more identifiers or other information or circumstances. Section 128. DWD 140.09 (4) (a) 1., and (b) to (d) are amended to read:
DWD 140.09 (4) (a) 1. The worker’s individual’s unemployment insurance record as that record relates to work for another employing unit unless an administrative law judge the appeal tribunal approves a request.
(b) Notwithstanding subs. (1) to (3), the administrative law judge appeal tribunal may declare all or parts of documents or other material which that contains records or preserves information and which that the administrative law judge appeal tribunal examined in a closed inspection under sub. (2) to be, in whole or in part, confidential and closed to inspection by one or more parties, representatives or other persons. (c) Notwithstanding subs. (1) to (3), evidence and exhibits declared to be confidential under a protective order issued by the administrative law judge appeal tribunal under sub. (2) are closed to inspection as stated in the order. (d) Notwithstanding subs. (1) to (3), no party, party’s representative or other person, except a statutory reviewing body, as specified under ss. 108.09, 108.095 and 108.10, Stats., may inspect the handwritten notes made by the administrative law judge appeal tribunal at the hearing. Section 129. DWD 140.10 (1), (2) (intro.), (3), and (4) are amended to read:
DWD 140.10 (1) Only the department, an administrative law judge appeal tribunal or a party’s attorney of record may issue a subpoena to compel the attendance of any witness or the production of any books, papers, documents or other tangible things. A party who desires that the department issue may request, as soon as possible after receipt of the hearing notice, that the appeal tribunal issue a subpoena shall make the request known to the hearing office as soon as possible. Subpoenas issued by the department or an administrative law judge appeal tribunal shall be issued on completed department forms and may not be issued blank. (2) Subpoenas shall only be issued when necessary to ensure fair adjudication of the issue or issues of the hearing. The department or administrative law judge an appeal tribunal may refuse to issue any subpoena if any of the following occur:
(3) A party whose request for a subpoena has been denied may, at the hearing, request the administrative law judge who conducts the hearing presiding appeal tribunal to issue the subpoena. If the administrative law judge appeal tribunal grants the request for a subpoena, the judge appeal tribunal may adjourn the hearing to allow sufficient time for service of and compliance with the subpoena.
(4) The administrative law judge appeal tribunal scheduled to conduct a hearing for which a subpoena has been issued may quash or modify the subpoena if the administrative law judge appeal tribunal determines that the witness or tangible things subpoenaed are not necessary to a fair adjudication of the issues of the hearing or that the subpoena has not been served in the proper manner as required under sub. (5).
Section 130. DWD 140.11 is amended to read:
DWD 140.11 Telephone and videoconference hearings. (1) The department appeal tribunal may conduct hearings in whole or in part by telephone or videoconference when it is impractical for the department appeal tribunal to conduct an in-person hearing, when necessary to ensure a prompt hearing or when one or more of the parties would be required to travel an unreasonable distance to the hearing location. When 2 or more parties are involved, the evidence shall be presented during the same hearing unless the department appeal tribunal determines that it is impractical to do so. A party scheduled to appear by telephone or videoconference may appear in person at the administrative law judge’s appeal tribunal’s location. The department appeal tribunal may postpone or adjourn a hearing initially scheduled as a telephone or videoconference hearing and reschedule the hearing for an in-person appearance if circumstances make it impractical to conduct a telephone or videoconference hearing.
(2) If the appellant is scheduled to testify by telephone or videoconference and fails to provide the hearing office with the appellant’s telephone number or the name and telephone number of the appellant’s authorized representative or fails to connect to the videoconference within a reasonable time prior to before the hearing and if the administrative law judge appeal tribunal has made reasonable attempts to contact the appellant, the administrative law judge may appeal tribunal shall dismiss the appeal. If the respondent fails to provide the hearing office with the telephone number or the name and telephone number of the respondent’s authorized representative prior to, or the representative fails to connect to the videoconference before the hearing, and if the administrative law judge appeal tribunal has made reasonable attempts to contact the respondent, the administrative law judge may appeal tribunal shall proceed with the hearing.
(3) If the appellant is scheduled to appear by telephone or videoconference, the administrative law judge appeal tribunal shall, within 15 10 minutes after the starting time for the hearing, attempt to place at least two calls to the appellant’s telephone number of record or the telephone number furnished to the hearing office. One of the calls shall be attempted at or near the end of the 15 10 minute period unless the administrative law judge appeal tribunal determines after reasonable efforts that the appellant cannot be reached at that number. If, within 15 10 minutes after the starting time for the hearing, neither the appellant nor the appellant’s authorized representative can be reached at the telephone number of record or the telephone number furnished to the hearing office, then the administrative law judge may appeal tribunal shall dismiss the appeal.
(4) If the respondent is scheduled to appear by telephone or videoconference, the administrative law judge may appeal tribunal shall proceed with the hearing if, within 5 10 minutes after the starting time for the hearing, neither the respondent nor the respondent’s authorized representative can be reached at the respondent’s telephone number of record or the telephone number furnished to the hearing office. The administrative law judge appeal tribunal may refuse to allow a respondent to testify if the administrative law judge appeal tribunal is unable to reach the respondent or the respondent’s authorized representative and neither the respondent nor the respondent’s authorized representative have contacted the hearing office within 15 10 minutes after the starting time for the hearing. The respondent shall be is considered to have failed to appear for the hearing if the administrative law judge appeal tribunal so refuses. The respondent may appeal petition such a finding under this chapter s. 108.09 (6), Stats. (5) All parties shall remain available for the hearing up to one hour after the scheduled starting time in the event the administrative law judge is unable to timely place a telephone call due to of a delay in the prior hearings or other unforeseen circumstances. If the respondent cannot be contacted by telephone or connect by videoconference within one hour of the scheduled starting time of the hearing, the administrative law judge may appeal tribunal shall proceed with the hearing if the appellant has appeared. If the appellant cannot be contacted within one hour of the scheduled starting time of the hearing, the administrative law judge may appeal tribunal shall dismiss the appeal. (6) The hearing office shall mark and electronically deliver or mail the potential exhibits for a telephone or videoconference hearing from the hearing file to both all parties as soon as possible prior to before the date of the telephone or videoconference hearing. A party may submit additional documents as potential exhibits by simultaneously electronically delivering or mailing those documents to the hearing office and copies to the other each party. A party may submit potential exhibits which are not documents in the manner designated by the hearing office to which the case is assigned. The administrative law judge conducting the hearing appeal tribunal may refuse to consider any documents not received by the hearing office or the other each party within at least 3 days prior to before the hearing.
Section 131. DWD 140.12 is amended to read:
DWD 140.12 (1) After an appeal is filed, the parties may stipulate to relevant facts and request that the stipulation be used in lieu of a hearing. The administrative law judge appeal tribunal may accept the stipulation in lieu of a hearing only if all of the following occur:
(a) The parties entered into the stipulation voluntarily;.
(b) The stipulation contains all the relevant and necessary facts to resolve the issues as determined by the administrative law judge appeal tribunal.
(c) The stipulation is in writing and signed, or electronically executed, by the parties.
(2) If the administrative law judge appeal tribunal does not accept the stipulation of the parties, a hearing shall be held unless the administrative law judge appeal tribunal provides the parties with additional opportunities to submit an acceptable stipulation.
(3) At the hearing, the administrative law judge appeal tribunal may accept a partial stipulation of relevant facts not in dispute if the stipulation is entered into the hearing record and is agreed to on the record by the parties.
Section 132. DWD 140.13 is amended to read:
DWD 140.13 Parties who fail to appear; general provisions. All parties who are required to appear in person shall appear at the hearing location no later than the starting time listed on the notice of hearing. If the appellant does not appear within 15 10 minutes after the scheduled starting time of the hearing, the administrative law judge may appeal tribunal shall dismiss the appeal. If the respondent does not appear within 5 10 minutes after the scheduled starting time of the hearing and the appellant is present, the administrative law judge may appeal tribunal shall commence the hearing. The provisions of s. 108.09 (4), Stats., apply as to the rights of the parties and procedures to be followed with regard to the failure of either when a party fails to appear at a hearing under this chapter. Section 133. DWD 140.15 is amended to read:
DWD 140.15 (1) All testimony shall be given under oath or affirmation. The administrative law judge appeal tribunal shall administer the oath or affirmation to each witness. No person who refuses to swear or affirm the veracity of his or her their testimony may testify. Each party shall be given an opportunity to examine and cross-examine witnesses. The administrative law judge appeal tribunal may limit the testimony to only those matters that are disputed. The appeal tribunal may not allow into the record, either on direct or cross-examination of witnesses so as not to unduly burden the record, redundant, irrelevant or repetitive testimony.
(2) The administrative law judge appeal tribunal has the responsibility to develop the facts and may call and examine any witness that he or she the appeal tribunal deems necessary and may also, determine the order in which that witnesses are called and the order of examination of each witness. The administrative law judge appeal tribunal may deny the request of any party to examine a witness adversely. The administrative law judge appeal tribunal may hear closing arguments from the parties but and may limit the time of such arguments. The administrative law judge appeal tribunal may adjourn and continue a hearing to a future date when the hearing cannot be completed in the time scheduled.
(3) The administrative law judge appeal tribunal may, upon motion of a party or upon the judge’s appeal tribunal’s own motion, exclude witnesses from the hearing room until called to testify and may instruct the excluded witnesses not to discuss the matter being heard until the hearing has been concluded. The administrative law judge appeal tribunal may close the hearing to any person to the extent necessary to protect the interests and rights of either party to a fair hearing. This subsection does not authorize exclusion of a party who is a natural person; one officer or employee of a party which is not a natural person; or a person whose presence is shown by a party to be essential to the presentation of the party’s case.
(4) The administrative law judge appeal tribunal may exclude any person who disrupts the hearing. The administrative law judge appeal tribunal may recess or adjourn the hearing if any person disrupts the hearing. The administrative law judge appeal tribunal may prohibit any excluded representative from representing a party at that hearing or any continuance. The administrative law judge appeal tribunal shall offer a party whose representative has been excluded or refused admittance an opportunity to secure another representative.
Section 134. DWD 140.16 is amended to read:
DWD 140.16 (1) Statutory and common law rules of evidence and rules of procedure applicable to courts of record are not controlling with respect to hearings. The administrative law judge appeal tribunal shall secure the facts in as direct and simple a manner as possible. Evidence having reasonable probative value is admissible, but irrelevant,. Irrelevant, immaterial and repetitious repetitive evidence is not admissible. Hearsay evidence is admissible if it has reasonable probative value but no issue may be decided solely on hearsay evidence unless the hearsay evidence is admissible under ch. 908, Stats. (2) The administrative law judge appeal tribunal may take administrative notice of any department records, generally recognized fact or established technical or scientific fact having reasonable probative value but the parties shall be given an opportunity to object and to present evidence to the contrary before the administrative law judge appeal tribunal issues a decision.
Section 135. DWD 140.17 is amended to read:
DWD 140.17 (1) The administrative law judge appeal tribunal may issue an oral decision at the hearing on the matters at issue but the judge appeal tribunal shall confirm the oral decision with a written decision. The only Only the written decision which is appealable is the written decision.
(2) The written decision of the administrative law judge appeal tribunal shall contain ultimate findings of fact and conclusions of law. The findings of fact shall consist of concise and separate findings necessary to support the conclusions of law. The decision shall contain the reasons and rationale which follow from the findings of fact to the conclusions of law.
(3) The decision of the administrative law judge appeal tribunal shall specify the time limit within which any to file a petition for commission review is required to be filed with the department or the commission under ch. 108 s. 108.09 (6), 108.095 (6) or 108.10 (2), Stats., and ss. LIRC 1.02 and 2.01. Section 136. DWD 140.18 and (Note) are amended to read:
DWD 140.18 Fees for representation of parties. No representative attorney may charge or receive from a claimant for representation in a dispute concerning benefit eligibility or liability for overpayment of benefits, or in any administrative proceeding under ch. 108, Stats., concerning such a dispute, a fee which, in the aggregate, is more than 10% of the maximum benefits at issue unless the department has approved a specified higher fee before the claimant is charged. When a request for waiver of the 10% limitation is received, the department shall consider whether extended benefits or any other state or federal unemployment benefits are at issue. Any request for waiver of the 10% limitation on fees shall be submitted in writing to the central administrative office of the bureau of legal affairs, unemployment insurance in the division, department of workforce development. The department is not authorized under. Under s. 108.13, Stats., to the department may not assign any past or future benefits for the collection of attorney representative fees. Note: The address of the central administrative office of the bureau of legal affairs, unemployment insurance division, department of workforce development is; Any request for a waiver under this section shall be submitted in writing to: Department of Workforce Development, Division of Unemployment Insurance, Central Administrative Office of the Bureau of Legal Affairs, 201 E. Washington Avenue, P.O. Box 8942, Madison, Wisconsin 53708-8942.
Section 137. DWD 140.19 is amended to read:
DWD 140.19 (1) The department may, at its own expense, provide a person to assist a person with a hearing impairment in communicating at a hearing, if the person with a hearing impairment notifies the department hearing office within a reasonable time prior to before the date of the hearing and the department appeal tribunal determines that the impairment is of a type which may hinder or prevent the person from communicating.
