DWD 75.03 (3) “Appeal" means a request for relief filed with the division by the applicant or eligible individual based on the determination of ineligibility of services or the decision of the furnishing or denial determination affecting the provision of services issued by the division.
Section 41. DWD 75.03 (8) is amended to read:
DWD 75.08 (8) "Hearing" means a formal review by an impartial hearing officer of the determination of ineligibility for services or the decision of the furnishing or denial determination affecting the provision of services issued by the division.
Section 42. DWD 75.03 (10) is amended to read:
DWD 75.03 (10) “Hearing request" means a written request for a hearing signed by an applicant or eligible individual to appeal a determination of ineligibility of services or the decision of the furnishing or denial determination affecting the provision of services.
Section 43. DWD 75.03 (13) is amended to read:
DWD 75.03 (13) “Order of selection" means the order of priority for service, by category, required by 29 USC 721 (a) (5) (A) to ensure that clients consumers with the most severe functional limitations who need multiple services over an extended period of time or consumers who require specific services or equipment to maintain employment are served before clients consumers who have less severe functional limitations or do not require multiple services over an extended period of time. Section 44. DWD 75.03 (14) is amended to read:
DWD 75.03 (14) “Party" means an applicant or, eligible individual, or the their representative of the applicant or eligible individual, or the administrator’s representative.
Section 45. DWD 75.04 is amended to read:
DWD 75.04 Right to a hearing. An applicant or eligible individual may appeal a determination of ineligibility for services or the decision of the furnishing or denial determination affecting the provision of services 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 46. DWD 75.05 (1) is amended to read:
DWD 75.05 (1) Time limits. The time limit for filing a hearing request shall be within 12 months 180 days after the date of written notice of a determination of ineligibility for services or the decision of the furnishing or denial or a determination affecting the provision of services was mailed to the applicant or eligible individual, or the representative of the applicant or eligible individual. Failure to file a hearing request within the 12 month 180-day limit shall be cause for the hearing request to be dismissed.
Section 47. DWD 75.08 (intro.) is amended to read:
DWD 75.08 (intro.) Motions shall be filed in writing within 5 working days and may be filed at any time 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. Motions relative to a hearing may include any of the following:
Section 48. DWD 75.08 (4) is amended to read:
DWD 75.08 (4) Motion to withdraw a hearing request. An applicant or,eligible individual, or the their representative of the applicant or eligible individual, may withdraw from the appeal process at any time.
Section 49. DWD 75.10 (1) and (2) are amended to read:
DWD 75.10 (1) Documents filed with representative. If the applicant or eligible individual has designated a representative in writing, all correspondence and other documents related to the hearing shall be mailed sent by mail or electronic mail to the representative of the applicant or eligible individual. For documents sent by mail or electronic mail, the date the document is received by the applicant or, eligible individual, or their representative of the applicant or eligible individual, determines the date of filing.
(2) Filing in person. For papers filed in person, the date the applicant or, eligible individual, or the their representative of the applicant or eligible individual, receives the document determines the filing date.
Section 50. DWD 75.11 (2) is amended to read:
DWD 75.11 (2) The applicant, eligible individual, or, in appropriate cases, the applicant applicant's or eligible individuals individual's representative requests a suspension, reduction, or termination of services.
Section 51. DWD 75.14 (2) is amended to read:
DWD 75.14 (2) Participation. The administrator’s representative shall participate in the prehearing conference. If the applicant or, eligible individual, or the their representative of the applicant or eligible individual, fails to participate in a prehearing conference without prior notice, the hearing officer shall continue the prehearing conference period for 5 working days. During this period the applicant or, eligible individual, or the their 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 conference be rescheduled. If a motion good cause explanation is not filed within 5 working days, the hearing officer shall schedule the hearing within the 60-day limit and notify the parties and the hearing coordinator of this decision. The department may review this decision as provided in s. DWD 75.19. Section 52. DWD 75.16 (1) is amended to read:
DWD 75.16 (1) Hearing is closed. A hearing shall be closed to the public as a confidential matter unless the applicant or, eligible individual, or the their representative of the applicant or eligible individual files a motion to open the hearing within 5 working days in advance of the scheduled hearing.
Section 53. DWD 75.16 (6) (a) is amended to read:
DWD 75.16 (6) (a) Recording. The hearing officer shall record each hearing. The applicant or, eligible individual, or the their representative of the applicant or eligible individual, may obtain one free copy of the recording by contacting the hearing coordinator. No other recording of the hearing is permitted.
Section 54. DWD 75.16 (7) is amended to read:
DWD 75.16 (7) Opening statement by hearing officer. The hearing officer shall open the hearing with a brief statement of the date, the location of the hearing, the issues, the parties directly involved in the hearing and the standard procedures, and shall remind all parties and witnesses present that all personally identifiable information made available for the hearing is confidential.
Section 55. DWD 75.16 (8) (b) is amended to read:
DWD 75.16 (8) (b) If either party fails to appear at a hearing without prior notice, the hearing officer shall immediately reschedule the hearing to a date within 5 working days after the current date to allow the absent party to explain the absence. The hearing officer shall notify the parties and the hearing coordinator by certified mail of the new hearing date and the reason for rescheduling the hearing. If the applicant or, eligible individual, or the their representative of the applicant or eligible individual, fails to appear at the rescheduled hearing, the hearing officer shall dismiss the appeal. This dismissal shall not be construed as violation of the 60-day limit for holding a hearing since the hearing was scheduled and held but the applicant or, eligible individual, or the their representative of the applicant or eligible individual, did not appear to present testimony or evidence. The department may review this decision as provided in s. DWD 75.19. Section 56. DWD 75.16 (14) is amended to read:
DWD 75.16 (14) Direct testimony. (a) The hearing officer shall ask the applicant or eligible individual, or the administrator's representative of the applicant or eligible individual, and witnesses to make the first presentation and to question the administrator’s applicant, eligible individual, or their representative and witnesses.
(b) The hearing officer shall ask the administrator’s applicant, eligible individual, or their representative to make the second presentation and to question the applicant or eligible individual, or the administrator's representative of the applicant or eligible individual, and witnesses.
Section 57. DWD 75.16 (15) is amended to read:
DWD 75.16 (15) Rebuttal and questions. The hearing officer shall give the applicant or eligible individual or the administrator's representative of the applicant or eligible individual, and witnesses the opportunity to make a rebuttal of evidence presented at the hearing and to question the administrator’s applicant, eligible individual, or their representative and witnesses and then give the same opportunity to the administrator’s applicant, eligible individual, or their representative.
Section 58. DWD 75.16 (16) is amended to read:
DWD 75.16 (16) Closing arguments. The hearing officer shall ask the administrator’s representative to present closing arguments and then ask the applicant or, eligible individual, or the their representative of the applicant or eligible individual, to present closing arguments. Closing arguments may be submitted both as verbal arguments and as written briefs.
Section 59. DWD 75.17 is amended to read:
DWD 75.17 Decision of the hearing officer. The hearing officer shall issue a written decision within 10 calendar days of a written motion under s. DWD 75.08 and within 30 calendar days of a hearing. The hearing officer shall provide a report of the hearing including the findings and the grounds for the decision. The decision shall state that the decision is final unless the administrator’s representative, or the applicant or, eligible individual, or the their representative of the applicant or eligible individual, requests a review of the decision of the hearing officer within 20 calendar days after the decision is issued, under s. DWD 75.19, or the applicant or, eligible individual, or the their representative of the applicant or eligible individual, chooses to petition the circuit court under s. 227.53, Stats. The notice shall specify the procedures for filing a claim seeking judicial review in circuit court. The hearing officer shall send the original to the applicant or, eligible individual, or the their representative of the applicant or eligible individual, and send a copy of the notice to the administrator’s representative and to the hearing coordinator for placement in the applicant’s or eligible individual’s case record. Section 60. DWD 75.19 (2) (title) is amended to read:
DWD 75.19 (2) (title) Review procedure authority.
Section 61. DWD 75.19 (2) (a) is renumbered DWD 75.19 (2) and, as renumbered, is amended to read:
DWD 75.19 (2) Authority for modifying the decision of a hearing officer under this chapter is reserved to the department secretary or the secretary’s authorized designee and may not be otherwise delegated.
Section 62. DWD 75.19 (2) (b) and (c) and (4) are repealed.
Section 63. Effective date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
