Chapter DWD 75

DWD 75.16(6)(b) (b) Transcript. Transcripts of the hearing record may be provided at the expense of the requestor. However, a party who cannot, due to a disability, use the free copy of the recording provided in par. (a) may file a written request with the hearing coordinator for a copy of the record in an alternate format as a reasonable accommodation.

DWD 75.16 Note Note: To file a written request for a transcript of the hearing record, contact the Hearing Coordinator, Division of Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707 or telephone [phone].

DWD 75.16(7) (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.

DWD 75.16(8) (8) Roll call.

DWD 75.16(8)(a) (a) The hearing officer shall determine if the parties and announced witnesses are present. The hearing officer may admit other individuals to the hearing for good cause at the request of either party.

DWD 75.16(8)(b) (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 or electronic mail of the new hearing date and the reason for rescheduling the hearing. If the applicant, eligible individual, or their representative 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, eligible individual, or their representative did not appear to present testimony or evidence. The department may review this decision as provided in s. DWD 75.19.

DWD 75.16(9) (9) Admissibility of evidence or testimony. At the request of either party, the hearing officer may exclude testimony or evidence. The hearing officer may also exclude immaterial, irrelevant or unduly repetitious testimony. A decision to exclude evidence or testimony shall be made on the record and shall include the rationale and arguments used by the hearing officer to exclude the material. The hearing officer may issue reserved rulings on evidence and determine, before the close of the hearing, if the material will be considered in the decision.

DWD 75.16(10) (10) Administering oath. The hearing officer shall swear in the parties and all witnesses. After the roll call, witnesses shall be present in the hearing room only while giving testimony.

DWD 75.16(11) (11) Cross-examination. Cross-examination is not limited to matters to which a party or witness testified on direct examination.

DWD 75.16(12) (12) Preliminary statements by the parties. The hearing officer shall ask the parties to state their names for the record.

DWD 75.16(13) (13) Request for direct testimony, evidence and arguments.

DWD 75.16(13)(a) (a) The hearing officer shall ask the parties to present written and oral statements regarding the facts, issues and desired outcome of the hearing. This includes new information which may not have been available when the original request for a hearing was filed.

DWD 75.16(13)(b) (b) Witnesses may testify either by answering questions posed to them or in narrative form. Written or electronic depositions may also be used with the understanding that a witness may be asked or subpoenaed to appear by the hearing officer based on the information in the deposition.

DWD 75.16(13)(c) (c) Cross-examination is not limited to matters to which a party or witness testified on direct examination.

DWD 75.16(13)(d) (d) The hearing officer shall ensure that the parties have an opportunity to review and comment on all evidence.

DWD 75.16(13)(e) (e) At the request of either party, the hearing officer may exclude the testimony of a witness.

DWD 75.16(14) (14) Direct testimony.

DWD 75.16(14)(a) (a) The hearing officer shall ask the administrator’s representative and witnesses to make the first presentation and to question the applicant, eligible individual, or their representative.

DWD 75.16(14)(b) (b) The hearing officer shall ask the applicant, eligible individual, or their representative to make the second presentation and to question the administrator’s representative and witnesses.

DWD 75.16(15) (15) Rebuttal and questions. The hearing officer shall give the administrator’s representative and witnesses the opportunity to make a rebuttal of evidence presented at the hearing and to question the applicant, eligible individual, or their representative and then give the same opportunity to the applicant, eligible individual, or their representative.

DWD 75.16(16) (16) Closing arguments. The hearing officer shall ask the administrator’s representative to present closing arguments and then ask the applicant, eligible individual, or their representative to present closing arguments. Closing arguments may be submitted both as verbal arguments and as written briefs.

DWD 75.16(17) (17) Ending the hearing. 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, eligible individual, or their representative 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, eligible individual, or their representative chooses to petition the circuit court under s. 227.53, Stats. The notice shall specify the procedures for seeking judicial review in circuit court. The hearing officer shall send the original to the applicant, eligible individual, or their representative 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.

DWD 75.16 History History: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: am. (1), (3) to (5), (6) (a), (b), (7), (8) (b), (9), (14) (a), (b), (15) to (17) Register May 2016 No. 725, eff. 6-1-16; CR 22-008: am. (1), (6) (a), (7), (8) (b), (14) to (17) Register June 2022 No. 798, eff. 7-1-22; correction in (14) (a) made under s. 35.17, Stats., Register June 2022 No. 798.

DWD 75.17 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, eligible individual, or their representative 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, eligible individual, or their representative chooses to petition the circuit court under s. 227.53, Stats. The notice shall specify the procedures for seeking judicial review in circuit court. The hearing officer shall send the original to the applicant, eligible individual, or their representative 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.

DWD 75.17 History History: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: am. Register May 2016 No. 725, eff. 6-1-16; CR 22-008: am. Register June 2022 No. 798, eff. 7-1-22.

DWD 75.18 DWD 75.18 Hearing officer’s report. The hearing officer shall forward the recording of the hearing, a written summary of the hearing and any other items specified by contract to the hearing coordinator. The hearing coordinator shall ensure that all required materials have been received and shall forward the materials to the department for a decision as to whether a formal review of the hearing officer’s decision is needed.

DWD 75.18 History History: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: am. Register May 2016 No. 725, eff. 6-1-16.

DWD 75.19 DWD 75.19 Review of hearing officer’s decision.

DWD 75.19(1) (1) Notice of intent to review. The department, or the applicant or eligible individual, may initiate a review of the hearing officer’s decision issued under s. DWD 75.17. If the department decides to initiate a review of the hearing officer’s decision, written notice of this decision shall be filed with the parties by certified mail within 20 calendar days of the date that the decision of the hearing officer was mailed. The intent to review notice shall advise the parties that additional evidence and information relevant to the final decision may be filed with the department within 30 calendar days following the date of the intent to review notice and that the department may also collect new evidence from other sources during that period.

DWD 75.19(2) (2) Review authority. Authority for modifying the decision of a hearing officer under this chapter is reserved to the department secretary and may not be otherwise delegated.

DWD 75.19(3) (3) Basis for changing hearing officer decision. The department may not modify a decision of a hearing officer which supports the position of the applicant or eligible individual unless, based on clear and convincing evidence, the decision is clearly contrary to law or federal policy issuances.

DWD 75.19(5) (5) Notice of outcome of the department’s review. The department shall notify the parties in writing by certified mail of the outcome of the review within 30 calendar days after the date of the intent to review notice. The notice shall state the findings, the grounds for the final decision, that it is the final decision unless modified by a court and information on how to file a request for circuit court review. The department shall send copies of the letter and any attachments to the hearing coordinator for placement in the applicant’s or eligible individual’s case record, to the hearing officer and to the contract administrator.

DWD 75.19 History History: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: am. (title), (1), (2) (title), renum. (2) to (2) (a) and am., cr. (2) (b), (c), am. (3) to (5) Register May 2016 No. 725, eff. 6-1-16; CR 22-008: am. (2) (title), renum. (2) (a) to (2) and am., r. (2) (b), (c), (4) Register June 2022 No. 798, eff. 7-1-22.