Amendment SSA1-SB21

SB21-SSA1,2718g Section 2718g. 101.862 (4) (p) of the statutes is created to read:

SB21-SSA1,840,21 101.862 (4) (p) A person engaged in installing, repairing, or maintaining a private on-site wastewater treatment system, as defined in s. 145.01 (12), if the activity only involves installing or modifying a conductor going from the system's junction, pull, or device box to the nearest disconnecting point and the conductor is buried with the system.

SB21-SSA1,2718h Section 2718h. 101.862 (4) (q) of the statutes is created to read:

SB21-SSA1,841,2 101.862 (4) (q) A person engaged in installing, repairing, or maintaining a pump for a well if the activity only involves installing or modifying a conductor going from the pump's junction, pull, or device box to the nearest disconnecting point and the conductor is buried with the pump.

SB21-SSA1,2720 Section 2720 . 101.935 (2) (e) of the statutes is amended to read:

SB21-SSA1,841,7 101.935 (2) (e) Section 254.69 (2) 97.615 (2), as it applies to an agent for the department of health services agriculture, trade and consumer protection in the administration of s. 254.47 97.67, applies to an agent for the department of safety and professional services in the administration of this section.

SB21-SSA1,2724m Section 2724m. 101.972 of the statutes is repealed.

SB21-SSA1,2725m Section 2725m. 101.974 (2) of the statutes is amended to read:

SB21-SSA1,841,11 101.974 (2) Promulgate the rules under this subchapter after consultation with the multifamily dwelling code council.

SB21-SSA1,2727 Section 2727. 102.01 (2) (a) of the statutes is renumbered 102.01 (2) (af).

SB21-SSA1,2728 Section 2728. 102.01 (2) (ad) of the statutes is created to read:

SB21-SSA1,841,15 102.01 (2) (ad) "Administrator" means the administrator of the division of hearings and appeals in the department of administration.

SB21-SSA1,2731 Section 2731. 102.01 (2) (ar) of the statutes is created to read:

SB21-SSA1,841,18 102.01 (2) (ar) "Division" means the division of hearings and appeals in the department of administration.

SB21-SSA1,2735d Section 2735d. 102.01 (2) (dm) of the statutes is amended to read:

SB21-SSA1,841,22 102.01 (2) (dm) "Order" means any decision, rule, regulation, direction, requirement, or standard of the department or the division, or any other determination arrived at or decision made by the department or the division.

SB21-SSA1,2744d Section 2744d. 102.07 (8) (c) of the statutes is amended to read:

SB21-SSA1,842,2 102.07 (8) (c) The department division may not admit in evidence any state or federal laws, regulations, documents law, regulation, or document granting operating authority, or licenses license when determining whether an independent contractor meets the conditions specified in par. (b) 1. or 3.

SB21-SSA1,2746 Section 2746. 102.07 (12m) of the statutes is renumbered 102.07 (12m) (b) and amended to read:

SB21-SSA1,842,13 102.07 (12m) (b) A student of a public school, as described in s. 115.01 (1), or a private school, as defined in s. 115.001 (3r), or an institution of higher education, while he or she is engaged in performing services as part of a school work training, work experience, or work study program, and who is not on the payroll of an employer that is providing the work training or work experience or who is not otherwise receiving compensation on which a worker's compensation carrier could assess premiums on that employer, is an employee of a school district or, private school, or institution of higher education that elects under s. 102.077 to name the student as its employee.

SB21-SSA1,2747 Section 2747. 102.07 (12m) (a) of the statutes is created to read:

SB21-SSA1,842,15 102.07 (12m) (a) In this subsection:

SB21-SSA1,842,20 1. "Institution of higher education" means an institution within the University of Wisconsin System, a technical college, a tribally controlled college controlled by an Indian tribe that has elected under s. 102.05 (2) to become subject to this chapter, a school approved under s. 38.50, or a private, nonprofit institution of higher education located in this state.

SB21-SSA1,842,21 2. "Private school" has the meaning given in s. 115.001 (3r).

SB21-SSA1,842,22 3. "Public school" means a school described in s. 115.01 (1).

SB21-SSA1,2749 Section 2749. 102.077 (1) of the statutes is amended to read:

SB21-SSA1,843,10 102.077 (1) A school district or a , private school, as defined in s. 115.001 (3r), or institution of higher education may elect to name as its employee for purposes of this chapter a student described in s. 102.07 (12m) (b) by an endorsement on its policy of worker's compensation insurance or, if the school district or, private school, or institution of higher education is exempt from the duty to insure under s. 102.28 (2) (a), by filing a declaration with the department in the manner provided in s. 102.31 (2) (a) naming the student as an employee of the school district or, private school, or institution of higher education for purposes of this chapter. A declaration under this subsection shall list the name of the student to be covered under this chapter, the name and address of the employer that is providing the work training or work experience for that student, and the title, if any, of the work training, work experience, or work study program in which the student is participating.

SB21-SSA1,2751 Section 2751. 102.077 (2) of the statutes is amended to read:

SB21-SSA1,843,17 102.077 (2) A school district or , private school, or institution of higher education may revoke a declaration under sub. (1) by providing written notice to the department in the manner provided in s. 102.31 (2) (a), the student , and the employer who is providing the work training or work experience for that student. A revocation under this subsection is effective 30 days after the department receives notice of that revocation.

SB21-SSA1,2754d Section 2754d. 102.11 (1) (am) 1. of the statutes is amended to read:

SB21-SSA1,843,25 102.11 (1) (am) 1. The employee is a member of a class of employees that does the same type of work at the same location and, in the case of an employee in the service of the state, is employed in the same office, department, independent agency, authority, institution, association, society, or other body in state government or, if the department or the division determines appropriate, in the same subunit of an office, department, independent agency, authority, institution, association, society, or other body in state government.

SB21-SSA1,2755d Section 2755d. 102.12 of the statutes is amended to read:

SB21-SSA1,844,21 102.12 Notice of injury, exception, laches. No claim for compensation may be maintained unless, within 30 days after the occurrence of the injury or within 30 days after the employee knew or ought to have known the nature of his or her disability and its relation to the employment, actual notice was received by the employer or by an officer, manager or designated representative of an employer. If no representative has been designated by posters placed in one or more conspicuous places where notices to employees are customarily posted, then notice received by any superior is sufficient. Absence of notice does not bar recovery if it is found that the employer was not misled thereby by that absence. Regardless of whether notice was received, if no payment of compensation, other than medical treatment or burial expense, is made, and if no application is filed with the department within 2 years from after the date of the injury or death, or from or the date the employee or his or her dependent knew or ought to have known the nature of the disability and its relation to the employment, the right to compensation therefor for the injury or death is barred, except that the right to compensation is not barred if the employer knew or should have known, within the 2-year period, that the employee had sustained the injury on which the claim is based. Issuance of notice of a hearing on the department's own motion of the department or the division has the same effect for the purposes of this section as the filing of an application. This section does not affect any claim barred under s. 102.17 (4).

SB21-SSA1,2757d Section 2757d. 102.13 (1) (c) of the statutes is amended to read:

SB21-SSA1,845,5 102.13 (1) (c) So long as the employee, after a written request of the employer or insurer which that complies with par. (b), refuses to submit to or in any way obstructs the examination, the employee's right to begin or maintain any proceeding for the collection of compensation is suspended, except as provided in sub. (4). If the employee refuses to submit to the examination after direction by the department, the division, or an examiner, or in any way obstructs the examination, the employee's right to the weekly indemnity which that accrues and becomes payable during the period of that refusal or obstruction, is barred, except as provided in sub. (4).

SB21-SSA1,2758 Section 2758. 102.13 (1) (d) 2. of the statutes is amended to read:

SB21-SSA1,845,11 102.13 (1) (d) 2. Any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice nurse prescriber, or podiatrist who attended a worker's compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may be required to testify before the department division when the department division so directs.

SB21-SSA1,2759d Section 2759d. 102.13 (1) (d) 3. of the statutes is amended to read:

SB21-SSA1,845,19 102.13 (1) (d) 3. Notwithstanding any statutory provisions except par. (e), any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice nurse prescriber, or podiatrist attending a worker's compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may furnish to the employee, employer, worker's compensation insurer, or the department, or division information and reports relative to a compensation claim.

SB21-SSA1,2760d Section 2760d. 102.13 (1) (f) of the statutes is amended to read:

SB21-SSA1,845,23 102.13 (1) (f) If an employee claims compensation under s. 102.81 (1), the department or the division may require the employee to submit to physical or vocational examinations under this subsection.

SB21-SSA1,2761d Section 2761d. 102.13 (2) (a) of the statutes is amended to read:

SB21-SSA1,846,11 102.13 (2) (a) An employee who reports an injury alleged to be work-related or files an application for hearing waives any physician-patient, psychologist-patient, or chiropractor-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice nurse prescriber, hospital, or health care provider shall, within a reasonable time after written request by the employee, employer, worker's compensation insurer, or department, or division, or its representative, provide that person with any information or written material reasonably related to any injury for which the employee claims compensation.

SB21-SSA1,2763d Section 2763d. 102.13 (3) of the statutes is amended to read:

SB21-SSA1,846,25 102.13 (3) If 2 or more physicians, chiropractors, psychologists, dentists, or podiatrists disagree as to the extent of an injured employee's temporary disability, the end of an employee's healing period, an employee's ability to return to work at suitable available employment or the necessity for further treatment or for a particular type of treatment, the department or the division may appoint another physician, chiropractor, psychologist, dentist, or podiatrist to examine the employee and render an opinion as soon as possible. The department or the division shall promptly notify the parties of this appointment. If the employee has not returned to work, payment for temporary disability shall continue until the department or the division receives the opinion. The employer or its insurance carrier, or both, shall pay for the examination and opinion. The employer or insurance carrier , or both, shall receive appropriate credit for any overpayment to the employee determined by the department or the division after receipt of the opinion.

SB21-SSA1,2764d Section 2764d. 102.13 (4) of the statutes is amended to read:

SB21-SSA1,847,16 102.13 (4) The rights of employees right of an employee to begin or maintain proceedings for the collection of compensation and to receive weekly indemnities which that accrue and become payable shall not be suspended or barred under sub. (1) when an employee refuses to submit to a physical examination, upon the request of the employer or worker's compensation insurer or at the direction of the department, the division, or an examiner, which that would require the employee to travel a distance of 100 miles or more from his or her place of residence, unless the employee has claimed compensation for treatment from a practitioner whose office is located 100 miles or more from the employee's place of residence or the department, division, or examiner determines that any other circumstances warrant the examination. If the employee has claimed compensation for treatment from a practitioner whose office is located 100 miles or more from the employee's place of residence, the employer or insurer may request, or the department , the division, or an examiner may direct, the employee to submit to a physical examination in the area where the employee's treatment practitioner is located.

SB21-SSA1,2765d Section 2765d. 102.13 (5) of the statutes is amended to read:

SB21-SSA1,848,2 102.13 (5) The department or the division may refuse to receive testimony as to conditions determined from an autopsy if it appears that the party offering the testimony had procured the autopsy and had failed to make reasonable effort to notify at least one party in adverse interest or the department or the division at least 12 hours before the autopsy of the time and place it at which the autopsy would be performed, or that the autopsy was performed by or at the direction of the coroner or medical examiner or at the direction of the district attorney for purposes not authorized by under ch. 979. The department or the division may withhold findings until an autopsy is held in accordance with its directions.

SB21-SSA1,2766d Section 2766d. 102.14 (title) of the statutes is amended to read:

SB21-SSA1,848,5 102.14 (title) Jurisdiction of department and division; advisory committee.

SB21-SSA1,2767d Section 2767d. 102.14 (1) of the statutes is amended to read:

SB21-SSA1,848,8 102.14 (1) This Except as otherwise provided, this chapter shall be administered by the department and the division.

SB21-SSA1,2768d Section 2768d. 102.14 (2) of the statutes is amended to read:

SB21-SSA1,848,18 102.14 (2) The council on worker's compensation shall advise the department and the division in carrying out the purposes of this chapter. Such council, shall submit its recommendations with respect to amendments to this chapter to each regular session of the legislature, and shall report its views upon any pending bill relating to this chapter to the proper legislative committee. At the request of the chairpersons of the senate and assembly committees on labor, the department shall schedule a meeting of the council with the members of the senate and assembly committees on labor to review and discuss matters of legislative concern arising under this chapter.

SB21-SSA1,2769 Section 2769. 102.15 (1) of the statutes is amended to read:

SB21-SSA1,848,21 102.15 (1) Subject to this chapter, the department division may adopt its own rules of procedure and may change the same from time to time.

SB21-SSA1,2770 Section 2770. 102.15 (2) of the statutes is amended to read:

SB21-SSA1,848,24 102.15 (2) The department division may provide by rule the conditions under which transcripts of testimony and proceedings shall be furnished.

SB21-SSA1,2772d Section 2772d. 102.16 (1) of the statutes is renumbered 102.16 (1) (a) and amended to read:

SB21-SSA1,849,6 102.16 (1) (a) Any controversy concerning compensation or a violation of sub. (3), including controversies a controversy in which the state may be a party, shall be submitted to the department in the manner and with the effect provided in this chapter. Every compromise of any

SB21-SSA1,849,15 (b) In the case of a claim for compensation may be reviewed and set aside, modified or confirmed by the department with respect to which no application has been filed under s. 102.17 (1) (a) 1. or with respect to which an application has been filed, but the application is not ready to be scheduled for a hearing, the department may review and set aside, modify, or confirm a compromise of the claim within one year from after the date on which the compromise is filed with the department, or from the date on which an award has been entered based on the compromise, or the date on which an application for the office to take any of those actions is filed with the department.

SB21-SSA1,849,23 (c) In the case of a claim for compensation with respect to which an application has been filed under s. 102.17 (1) (a) 1., if the application is ready to be scheduled for a hearing, the division may review and set aside, modify, or confirm a compromise of the claim within one year after the date on which the compromise is filed with the division, the date on which an award has been entered, based thereon, or the department may take that action upon application made within one year. Unless based on the compromise, or the date on which an application for the division to take any of those actions is filed with the division.

SB21-SSA1,850,6 (d) Unless the word "compromise" appears in a stipulation of settlement, the settlement shall not be deemed considered a compromise, and further claim is not barred except as provided in s. 102.17 (4) regardless of whether an award is made. The employer, insurer, or dependent under s. 102.51 (5) shall have equal rights with the employee to have review of a compromise or any other stipulation of settlement reviewed under this subsection. Upon petition filed with the department, the department or the division under this subsection, the department or the division may set aside the award or otherwise determine the rights of the parties.

SB21-SSA1,2773d Section 2773d. 102.16 (1m) (a) of the statutes is amended to read:

SB21-SSA1,850,24 102.16 (1m) (a) If an insurer or self-insured employer concedes by compromise under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured employer is liable under this chapter for any health services provided to an injured employee by a health service provider, but disputes the reasonableness of the fee charged by the health service provider, the department or the division may include in its order confirming the compromise or stipulation a determination made by the department under sub. (2) as to the reasonableness of the fee or the department, if such a determination has not yet been made, the department or the division may notify, or direct the insurer or self-insured employer to notify, the health service provider under sub. (2) (b) that the reasonableness of the fee is in dispute. The department or the division shall deny payment of a health service fee that the department determines under this paragraph sub. (2) to be unreasonable. A health service provider and an insurer or self-insured employer that are parties to a fee dispute under this paragraph are bound by the department's determination under this paragraph sub. (2) on the reasonableness of the disputed fee, unless that determination is set aside, reversed, or modified by the department under sub. (2) (f) or is set aside on judicial review as provided in sub. (2) (f).

SB21-SSA1,2774d Section 2774d. 102.16 (1m) (b) of the statutes is amended to read:

SB21-SSA1,851,25 102.16 (1m) (b) If an insurer or self-insured employer concedes by compromise under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured employer is liable under this chapter for any treatment provided to an injured employee by a health service provider, but disputes the necessity of the treatment, the department or the division may include in its order confirming the compromise or stipulation a determination made by the department under sub. (2m) as to the necessity of the treatment or the department, if such a determination has not yet been made, the department or the division may notify, or direct the insurer or self-insured employer to notify, the health service provider under sub. (2m) (b) that the necessity of the treatment is in dispute. Before determining under this paragraph sub. (2m) the necessity of treatment provided to an injured employee, the department may, but is not required to, obtain the opinion of an expert selected by the department who is qualified as provided in sub. (2m) (c). The standards promulgated under sub. (2m) (g) shall be applied by an expert and by the department in rendering an opinion as to, and in determining, necessity of treatment under this paragraph. In cases in which no standards promulgated under sub. (2m) (g) apply, the department shall find the facts regarding necessity of treatment. The department or the division shall deny payment for any treatment that the department determines under this paragraph sub. (2m) to be unnecessary. A health service provider and an insurer or self-insured employer that are parties to a dispute under this paragraph over the necessity of treatment are bound by the department's determination under this paragraph sub. (2m) on the necessity of the disputed treatment, unless that determination is set aside, reversed, or modified by the department under sub. (2m) (e) or is set aside on judicial review as provided in sub. (2m) (e).

SB21-SSA1,2775d Section 2775d. 102.16 (1m) (c) of the statutes is amended to read:

SB21-SSA1,852,21 102.16 (1m) (c) If an insurer or self-insured employer concedes by compromise under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured employer is liable under this chapter for the cost of a prescription drug dispensed under s. 102.425 (2) for outpatient use by an injured employee, but disputes the reasonableness of the amount charged for the prescription drug, the department or the division may include in its order confirming the compromise or stipulation a determination made by the department under s. 102.425 (4m) as to the reasonableness of the prescription drug charge or the department, if such a determination has not yet been made, the department or the division may notify, or direct the insurer or self-insured employer to notify, the pharmacist or practitioner dispensing the prescription drug under s. 102.425 (4m) (b) that the reasonableness of the prescription drug charge is in dispute. The department or the division shall deny payment of a prescription drug charge that the department determines under this paragraph s. 102.425 (4m) to be unreasonable. A pharmacist or practitioner and an insurer or self-insured employer that are parties to a dispute under this paragraph over the reasonableness of a prescription drug charge are bound by the department's determination under this paragraph s. 102.425 (4m) on the reasonableness of the disputed prescription drug charge, unless that determination is set aside, reversed, or modified by the department under s. 102.425 (4m) (e) or is set aside on judicial review as provided in s. 102.425 (4m) (e).

SB21-SSA1,2776d Section 2776d. 102.16 (2) (a) of the statutes is amended to read:

SB21-SSA1,853,11 102.16 (2) (a) Except as provided in this paragraph, the department has jurisdiction under this subsection, the department and the division have jurisdiction under sub. (1m) (a), and the division has jurisdiction under s. 102.17 to resolve a dispute between a health service provider and an insurer or self-insured employer over the reasonableness of a fee charged by the health service provider for health services provided to an injured employee who claims benefits under this chapter. A health service provider may not submit a fee dispute to the department under this subsection before all treatment by the health service provider of the employee's injury has ended if the amount in controversy, whether based on a single charge or a combination of charges for one or more days of service, is less than $25. After all treatment by a health service provider of an employee's injury has ended, the health service provider may submit any fee dispute to the department, regardless of the amount in controversy. The department shall deny payment of a health service fee that the department determines under this subsection to be unreasonable.

SB21-SSA1,2778d Section 2778d. 102.16 (2) (b) of the statutes is amended to read:

SB21-SSA1,853,20 102.16 (2) (b) An insurer or self-insured employer that disputes the reasonableness of a fee charged by a health service provider or the department or the division under sub. (1m) (a) or s. 102.18 (1) (bg) 1. shall provide reasonable written notice to the health service provider that the fee is being disputed. After receiving reasonable written notice under this paragraph or under sub. (1m) (a) or s. 102.18 (1) (bg) 1. that a health service fee is being disputed, a health service provider may not collect the disputed fee from, or bring an action for collection of the disputed fee against, the employee who received the services for which the fee was charged.

SB21-SSA1,2785d Section 2785d. 102.16 (2m) (a) of the statutes is amended to read:

SB21-SSA1,854,10 102.16 (2m) (a) Except as provided in this paragraph, the department has jurisdiction under this subsection, the department and the division have jurisdiction under sub. (1m) (b), and the division has jurisdiction under s. 102.17 to resolve a dispute between a health service provider and an insurer or self-insured employer over the necessity of treatment provided for an injured employee who claims benefits under this chapter. A health service provider may not submit a dispute over necessity of treatment to the department under this subsection before all treatment by the health service provider of the employee's injury has ended if the amount in controversy, whether based on a single charge or a combination of charges for one or more days of service, is less than $25. After all treatment by a health service provider of an employee's injury has ended, the health service provider may submit any dispute over necessity of treatment to the department, regardless of the amount in controversy. The department shall deny payment for any treatment that the department determines under this subsection to be unnecessary.

SB21-SSA1,2787d Section 2787d. 102.16 (2m) (b) of the statutes is amended to read:

SB21-SSA1,854,20 102.16 (2m) (b) An insurer or self-insured employer that disputes the necessity of treatment provided by a health service provider or the department or the division under sub. (1m) (b) or s. 102.18 (1) (bg) 2. shall provide reasonable written notice to the health service provider that the necessity of that treatment is being disputed. After receiving reasonable written notice under this paragraph or under sub. (1m) (b) or s. 102.18 (1) (bg) 2. that the necessity of treatment is being disputed, a health service provider may not collect a fee for that disputed treatment from, or bring an action for collection of the fee for that disputed treatment against, the employee who received the treatment.

SB21-SSA1,2793d Section 2793d. 102.16 (4) of the statutes is amended to read:

SB21-SSA1,855,4 102.16 (4) The department has and the division have jurisdiction to pass on any question arising out of sub. (3) and has jurisdiction to order the employer to reimburse an employee or other person for any sum deducted from wages or paid by him or her in violation of that subsection. In addition to the penalty provided in s. 102.85 (1), any employer violating sub. (3) shall be liable to an injured employee for the reasonable value of the necessary services rendered to that employee pursuant to under any arrangement made in violation of sub. (3) without regard to that employee's actual disbursements for the same those services.

SB21-SSA1,2794d Section 2794d. 102.17 (1) (a) 1. of the statutes is amended to read:

SB21-SSA1,855,11 102.17 (1) (a) 1. Upon the filing with the department by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, the department shall mail a copy of the application to all other parties in interest, and the insurance carrier shall be considered a party in interest. The department or the division may bring in additional parties by service of a copy of the application.

SB21-SSA1,2795 Section 2795. 102.17 (1) (a) 2. of the statutes is amended to read:

SB21-SSA1,855,22 102.17 (1) (a) 2. Subject to subd. 3., the department division shall cause notice of hearing on the application to be given to each interested party , by service of that notice on the interested party personally or by mailing a copy of that notice to the interested party's last-known address at least 10 days before the hearing. If a party in interest is located without this state, and has no post-office address within this state, the copy of the application and copies of all notices shall be filed with the department of financial institutions and shall also be sent by registered or certified mail to the last-known post-office address of the party. Such filing and mailing shall constitute sufficient service, with the same effect as if served upon a party located within this state.

SB21-SSA1,2796d Section 2796d. 102.17 (1) (a) 3. of the statutes is amended to read:

SB21-SSA1,856,3 102.17 (1) (a) 3. If a party in interest claims that the employer or insurer has acted with malice or bad faith as described in s. 102.18 (1) (b) or (bp), that party shall provide written notice stating with reasonable specificity the basis for the claim to the employer, the insurer, and the department , and the division before the department division schedules a hearing on the claim of malice or bad faith.

SB21-SSA1,2797 Section 2797. 102.17 (1) (a) 4. of the statutes is amended to read:

SB21-SSA1,856,13 102.17 (1) (a) 4. The hearing may be adjourned in the discretion of the department division, and hearings may be held at such places as the department division designates, within or without the state. The department division may also arrange to have hearings held by the commission, officer, or tribunal having authority to hear cases arising under the worker's compensation law of any other state, of the District of Columbia, or of any territory of the United States, with the testimony and proceedings at any such hearing to be reported to the department division and to be made part of the record in the case. Any evidence so taken shall be subject to rebuttal upon final hearing before the department division.

SB21-SSA1,2798 Section 2798. 102.17 (1) (b) of the statutes is amended to read: