CR 21-105 Rule Text

Place where comments are to be submitted and deadline for submission: Comments may be submitted no later than 4:30 p.m. on Friday, January 28, 2022, by email to [e-mail]; or to https://docs.legis.wisconsin.gov/code/chr/comment; or by mail to

Labor and Industry Review Commission

3319 West Beltline Highway

P.O. Box 8126

Madison, WI 53708.

Text of rule

Section 1. LIRC 1 (title) is repealed and recreated to read:

LIRC 1 (title) LABOR AND INDUSTRY REVIEW COMMISSION PROCEDURE

Section 2. LIRC 1.01 is amended to read:

LIRC 1.01 General. The labor and industry review commission has jurisdiction for review of cases arising under ss. 40.65 (2), 66.191, 1981 Stats., ss. 59.88, 62.624, 102.18 (3) and (4), 106.52 (4), 106.56 (4), 108.09 (6), 108.095(6), 108.10 (2) and (3), 111.39 (5) (a), 303.07 (7) and 303.21, Stats., and s. 66.191, 1981 Stats.

Section 3. LIRC 1.015 is renumbered LIRC 1.015 (intro.) amended to read:

LIRC 1.015 Definitions. (intro.) In this chapter:

Section 4. LIRC 1.015 (1) and (2 ) are amended to read:

(1) In chs. LIRC 1 to 4, “commission” “Commission” means the Wisconsin labor and industry review commission.

(2) In chs. LIRC 1 to 4, “department” “Department” means the Wisconsin department of workforce development.

Section 5. LIRC 1.015 (3) to (8) are created to read:

LIRC 1.015 (3) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.

(4) “Equal rights case” means a case in which the commission has jurisdiction under s. 106.52 (4), 106.56 (4), or 111.39 (5) (a), Stats.

(5) “Equal rights division” means the division of equal rights in the department.

(6) “Unemployment insurance case” means a case in which the commission has jurisdiction under s. 108.09 (6), 108.095(6), or 108.10 (2) or (3), Stats.

(7) “Worker classification compliance case” means a case in which the commission has jurisdiction under s. 103.06 (6), Stats.

(8) “Worker’s compensation case” means a case in which the commission has jurisdiction under s. 40.65, 59.88, 62.624, 102.18 (3) or (4), 303.07 (7), or 303.21, Stats., or s. 66.191, 1981 Stats.

Section 6. LIRC 1.025 (1) is amended to read:

LIRC 1.025 (1) When petitions considered filed. Petitions for review may be filed by mail or personal delivery. A petition for review filed by mail or personal delivery is deemed filed only when it is actually received by the commission or by the division of the department office to which the petition is mailed or delivered, except that petitions for review in unemployment insurance cases under s. 108.09 or 108.10, Stats., and worker classification compliance cases which are filed by mail or personal delivery are deemed filed when received or postmarked as provided for in s. LIRC 2.015 1.031.

Section 7. LIRC 1.025 (1e), (1m), and (2) (title) are created to read:

LIRC 1.025 (1e) Unemployment insurance and worker classification compliance petitions; how to file. (a) Except as provided in par. (b), a petition in an unemployment insurance case or worker classification compliance case shall be filed with the commission by one of the following methods:

1. By personal delivery at the commission’s office at 3319 West Beltline Highway, 2nd Floor, Madison, WI 53713.

2. By mail to the commission’s office at 3319 West Beltline Highway, P.O. Box 8126, Madison, WI 53708.

3. By facsimile transmission to [phone].

4. On the commission’s website as provided in sub. (4).

(1m) Worker’s compensation petitions; how to file. A petition in a worker’s compensation case shall be filed with any of the following:

(a) The commission by any of the following methods:

1. By mail to 3319 West Beltline Highway, P.O. Box 8126, Madison, WI 53708.

2. By personal delivery to 3319 West Beltline Highway, Madison, WI 53713.

3. By facsimile transmission to [phone].

4. On the commission’s website as provided in sub. (4).

(b) The division of hearings and appeals by any of the following methods:

1. By mail or personal delivery to 4822 Madison Yards Way 5th Floor North, Madison, WI 53705, or by facsimile transmission to [phone].

2. By mail or personal delivery to 819 North Sixth Street, Room 330, Milwaukee, WI 53203, or by facsimile transmission to [phone].

3. By mail or personal delivery to 54 Park Place, Suite 900, Appleton, WI 54914, or by facsimile transmission to [phone].

(c) The worker’s compensation division of the department by any of the following methods:

1. By mail to 201 East Washington Avenue, P.O. Box 7901, Madison, WI 53707.

2. By personal delivery to 201 East Washington Avenue, Madison, WI 53703.

3. By facsimile transmission to [phone].

Section 8. LIRC 1.025 (2) is amended to read:

LIRC 1.025 (2) Limit on filing by electronic data transmission. Except as provided for in subs. (3) and (4), petitions Petitions for review may not be filed by e-mail or, except as provided in subs. (1), (3), and (4), by any other method of electronic data transmission.

Section 9. LIRC 1.025 (3) is renumbered LIRC 1.025 (3) (a) and amended to read:

LIRC 1.025 (3) Petitions filed by facsimile transmission. (a) Petitions for review may be filed by facsimile transmission. A petition for review transmitted by facsimile is not deemed filed unless and until the petition is received and printed at the recipient facsimile machine of the commission, the division of hearings and appeals, or of the division of the department to which the petition is being transmitted. The party transmitting a petition by facsimile is solely responsible for ensuring its timely receipt. The commission is not responsible for errors or failures in transmission.

(b) 2. Except in the case of as provided in subd. 3., a petition for review in fair employment and public accommodations cases under s. 106.52 or 111.39 (5), Stats., where a an equal rights case transmitted by facsimile transmission filed after the regular business hours of the equal rights division shall be is considered filed on the next business day, a petition for review transmitted by facsimile is deemed filed on the date of transmission recorded and printed by the facsimile machine on the petition.

3. If the commission’s, the division of hearings and appeals’, or department’s records indicate receipt of the facsimile at a date later than that shown the date of transmission recorded and printed by the recipient facsimile machine, then the later date shall control.

Section 10. LIRC 1.025 (3) (b) 1. is created to read:

LIRC 1.025 (3) (b) 1. Except as provided in subds. 2 and 3., a petition for review transmitted by facsimile transmission is considered filed on the date of transmission recorded and printed by the recipient facsimile machine.

Section 11. LIRC 1.025 (4) is amended to read:

LIRC 1.025 (4) Petitions filed on the commission’s website. (a) Except in the case of petitions for review in fair employment and public accommodations cases under s. 106.52 or 111.39 (5), Stats.equal rights cases, petitions for review may be filed electronically through the internet website of the commission, at the page found at http://dwd.wisconsin.gov/lirc/petition.htm. at the following webpages:

(b) Successful filing of a petition for review electronically through the internet website of the commission will result in a display on the petitioner’s internet browser of a message confirming that the petition has been successfully filed. A petition for review transmitted electronically through the website of the commission is not deemed filed unless and until the confirmation message is displayed.

(c) The commission is not responsible for errors in transmission that result in failure of a petition to be successfully filed electronically through the website of the commission. A petition for review filed electronically through the internet website of the commission is deemed filed on the date of filing stated on the commission’s electronic record of the filing.

Section 12. LIRC 1.025 (4) (a) 1. and 2. are created to read:

LIRC 1.025 (4) (a) 1. For a petition in an unemployment insurance case or worker classification compliance case, https://lirc.wisconsin.gov/ui_appeal.htm.

2. For a petition in a worker’s compensation case, https://lirc.wisconsin.gov/wc_appeal.htm.

Section 13. LIRC 1.025 (5) (title) is created to read:

LIRC 1.025 (5) (title). No filing by telephone.

Section 14. LIRC 1.026, 1.027, 1.03, 1.04, 1.045, 1.05, 1.05 NOTE, 1.06, 1.06 NOTE, and 1.07 are renumbered LIRC 1.041, 1.051, 1.061, 1.071, 1.08, 1.09, 1.09 NOTE, 1.10, 1.10 NOTE and 1.11, and LIRC 1.051, 1.071 (intro.), (1), (2), and (3), and 1.09, as renumbered, are amended to read:

LIRC 1.051 Answers. A party opposing a petition for commission review may file an answer with the commission within 21 14 days from the party’s receipt of a copy of the petition. A party filing an answer with the commission shall furnish a copy to the opposing party.

LIRC 1.071 Record used for review. (intro.) Review by the commission shall be based on the record of the case including the evidence previously submitted at hearing before the department or division of hearings and appeals. The record of the hearing may be in the form of a written synopsis or a transcript, and may include an audio recording of the hearing. The form of the record of the hearing which the commission uses in its review shall be determined as follows:

(1) Except as provided in subs. (2) through (5), the commission shall base its review on a written synopsis of the testimony taken at the hearing. The synopsis shall be prepared by the department, by the division of hearings and appeals, the commission, or by an outside contractor, from an audio recording of the hearing or from notes taken at the hearing by the administrative law judge. In those cases any party may obtain a copy of the synopsis as provided for in s. LIRC 1.045 1.08.

(2) The commission shall base its review on a transcript of the hearing rather than a synopsis if a transcript was prepared and was used by the administrative law judge in deciding the case. In such those cases any party may obtain a copy of the transcript as provided for in s. LIRC 1.045 1.08.

(3) Except in unemployment insurance cases and worker classification compliance cases, the commission shall base its review on a transcript of the hearing rather than a synopsis if a party timely requests the commission in writing to conduct its review on the basis of a transcript, the party certifies in such request that it has ordered preparation of a transcript at the party’s own expense, and the party thereafter files a copy of the transcript with the commission and serves a copy of the transcript on all other parties. To be timely under this subsection, a request must be made no later than 14 days after the requesting party’s receipt from the commission of written confirmation that a petition for commission review has been filed.