CR 21-105 Rule Text

Mich. Admin. Code Rule 37.16 to 37.18 (Fair employment and employment discrimination decisions of the Michigan Civil Rights Commission are appealed to circuit court)

Mich. Admin. Code Rules 792.11314 to 792.11321 (Workers compensation appeals before the Michigan, Workers’ Disability Compensation Appeals Commission created in Executive Reorganization Order No. 2019-13) 

Mich. Admin. Code Rule 792.11417 to 792.11433 (Unemployment insurance appeals before the Michigan Unemployment Insurance Appeals Commission created in Executive Order No. 2019-13)

Minn. Admin. Code Rule 9800.0100 to 9800.1800 (Rules of procedure before the Minnesota Workers’ Compensation Court of Appeals)

Summary of factual data and analytical methodologies: No factual data or analytical methodologies were used in the preparation of the proposed rule. The proposed rule pertains only to procedure before the commission. It does not establish regulatory standards and includes no substantive or interpretative provisions.

Analysis and supporting documents used to determine effect on small business:

The proposed rule makes no policy or other changes having an effect on small business.

Anticipated costs incurred by private sector: The proposed rule does not have a fiscal effect on the private sector.

Fiscal Estimate and Economic Impact Analysis: The Fiscal Estimate and Economic Impact Analysis document is attached. The proposed rule pertains only to procedure before the commission. It does not establish regulatory standards and include no substantive or interpretative provisions. There are no anticipated fiscal impacts on state funds, or the liability or revenues of any local unit government. The proposed rule will have no economic impact locally or statewide.

Effect on small business: This proposed rule does not affect small business.

Agency contact person: Please contact Anita J. Krasno at [e-mail] or
[phone], if you have any questions regarding this proposed rule, including substantive questions on the rules or the internal processing of the rules.

Public Hearing: A public hearing is scheduled on this proposed rule order for:

Wednesday, January 26, 2022

9:00 a.m. to 10:30 a.m.

Room W411A

3319 West Beltline Highway, Fourth Floor

Madison, WI 53713

Virtual Location Link: Click here to join the meeting

https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3ArV2ptNq0s6i1WG52bHw2qYkcf-uHOHBPR9YRQFHERZY1%40thread.tacv2%2F1638822117279%3Fcontext%3D%257b%2522Tid%2522%253a%2522f4e2d11c-fae4-453b-b6c0-2964663779aa%2522%252c%2522Oid%2522%253a%2522051359ad-dd18-4b26-aa49-1ced34c5442f%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=9fa27416-70cf-4ce6-b404-89c25d8f573d&directDl=true&msLaunch=true&enableMobilePage=false&suppressPrompt=true

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.