CR 21-105 Rule Text

Section 16. LIRC 2.015 is renumbered LIRC 1.031 and LIRC 1.031 (title), (1), (5), and (7), as renumbered, are amended to read:

LIRC 1.031 (title) Timeliness of petitions in unemployment insurance cases and worker classification compliance cases.

(1) If the petition is personally delivered, the petition is “received” when the division of unemployment insurance of the department or the commission physically receives the petition.

(5) If the petition is mailed and bears no mark, or bears an illegible mark, the petition is “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.

(7) If the petition 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 delivery service mark, the petition is “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 17. LIRC 2.05 is renumbered LIRC 1.14 and amended to read:

LIRC 1.14 Actions for judicial review in unemployment insurance cases, worker classification compliance cases, and worker’s compensation cases. Judicial On judicial review of any a commission decision under s. 108.09 or 108.10, Stats., shall be commenced in the manner and upon the grounds specified in ss. 108.09 (7) and 102.23, Stats., and not under ch. 227 or s. 801.02, Stats. Either party may commence a legal action for review of the commission decision in circuit court within 30 days from the date the decision was mailed to the party’s last known address. Such action is commenced only by filing a summons and complaint with the circuit court and serving an authenticated copy of the summons and the complaint upon the commission, all within 30 days. Service must 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 shall be deemed complete service on all parties but there shall be left with the person so served as many copies of the summons and complaint as there are defendants. Service in an unemployment insurance case, a worker classification compliance case, or a worker’s compensation case, service by mail is effective only if the pleadings are actually received by the commission 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 decision was made shall also be made a defendant. 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 defendant resides. If the plaintiff is a non-resident 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. The appealing The party seeking judicial review shall arrange for preparation of the necessary legal documents.

Section 18. LIRC 3 (title), 3.01, and 3.03 are repealed.

Section 19. LIRC 3.04 is renumbered LIRC 1.13 and amended to read:

LIRC 1.13 Compromise settlements in worker’s compensation cases. 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 division of hearings and appeals or department, 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 division of hearings and appeals or department, as appropriate, for consideration of the compromise.

Section 20. LIRC 3.05 and 4 (title) are repealed.

Section 21. LIRC 4.01 is renumbered LIRC 1.025 (1s) and amended to read:

LIRC 1.025 (1s) Petitions for commission review; where filed. Equal rights petitions. A petition for commission review of the findings and order of a department of workforce development administrative law judge under s. 106.52 or 111.39 (5), Stats., in an equal rights case shall be filed with the equal rights division of the department at by any of the following locations methods:

(a) The equal rights division, By mail or personal delivery to 819 North Sixth Street, Milwaukee, Wisconsin WI 53203 (FAX: [phone]) or by facsimile transmission to [phone].

(b) The central administrative office of the equal rights division, By mail to 201 East Washington Avenue, P.O. Box 8928, Madison, Wisconsin WI 53708 (FAX: [phone]); by personal delivery to 201 East Washington Avenue, Madison, WI 53703; or by facsimile transmission to [phone].

Section 22. LIRC 4.03 is renumbered LIRC 1.12 and LIRC 1.12 (title), as renumbered, is amended to read:

LIRC 1.12 (title) Rehearings in equal rights cases.

Section 23. LIRC 4.04 is repealed.

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.

(End of text of rule.)