Wisconsin Legislature: DWD 140.20(4)(a)

History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; renum. from ILHR 140.14 and am., Register, June, 1997, No. 498, eff. 7-1-97; CR 18-033: am. Register May 2019 No. 761, eff. 6-1-19.

DWD 140.15 Hearing procedure; order of witnesses; public hearing and exclusion of certain persons; oral decisions.

(1) All testimony shall be given under oath or affirmation. The appeal tribunal shall administer the oath or affirmation to each witness. No person who refuses to swear or affirm the veracity of their testimony may testify. Each party shall be given an opportunity to examine and cross-examine witnesses. The appeal tribunal may limit testimony to only those matters that are disputed. The appeal tribunal may not allow into the record, either on direct or cross-examination, redundant, irrelevant or repetitive testimony.

(2) The appeal tribunal has the responsibility to develop the facts and may call and examine any witness that the appeal tribunal deems necessary, determine the order that witnesses are called and the order of examination of each witness. The appeal tribunal may deny the request of any party to examine a witness adversely. The appeal tribunal may hear closing arguments from the parties and may limit the time of such arguments. The appeal tribunal may adjourn and continue a hearing to a future date when the hearing cannot be completed in the time scheduled.

(3) The appeal tribunal may, upon motion of a party or upon the appeal tribunal’s own motion, exclude witnesses from the hearing until called to testify and may instruct the excluded witnesses not to discuss the matter being heard until the hearing has been concluded. The appeal tribunal may close the hearing to any person to the extent necessary to protect the interests and rights of either party to a fair hearing. This subsection does not authorize exclusion of a party who is a natural person; one officer or employee of a party which is not a natural person; or a person whose presence is shown by a party to be essential to the presentation of the party’s case.

(4) The appeal tribunal may exclude any person who disrupts the hearing. The appeal tribunal may recess or adjourn the hearing if any person disrupts the hearing. The appeal tribunal may prohibit any excluded representative from representing a party at that hearing or any continuance. The appeal tribunal shall offer a party whose representative has been excluded or refused admittance an opportunity to secure another representative.

History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; renum. from ILHR 140.10 and am. (1) and (4), Register, June, 1997, No. 498, eff. 7-1-97; CR 18-033: am. Register May 2019 No. 761, eff. 6-1-19.

DWD 140.16 Admissibility of evidence; administrative notice.

(1) Statutory and common law rules of evidence and rules of procedure applicable to courts of record are not controlling with respect to hearings. The appeal tribunal shall secure the facts in as direct and simple a manner as possible. Evidence having reasonable probative value is admissible. Irrelevant, immaterial and repetitive evidence is not admissible. Hearsay evidence is admissible if it has reasonable probative value but no issue may be decided solely on hearsay evidence unless the hearsay evidence is admissible under ch. 908, Stats.

(2) The appeal tribunal may take administrative notice of any department records, generally recognized fact or established technical or scientific fact having reasonable probative value but the parties shall be given an opportunity to object and to present evidence to the contrary before the appeal tribunal issues a decision.

History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; renum. from ILHR 140.12 and am., Register, June, 1997, No. 498, eff. 7-1-97; CR 18-033: am. Register May 2019 No. 761, eff. 6-1-19.

DWD 140.17 Form of decision.

(1) The appeal tribunal may issue an oral decision at the hearing on the matters at issue but the appeal tribunal shall confirm the oral decision with a written decision. Only the written decision is appealable.

(2) The written decision of the appeal tribunal shall contain ultimate findings of fact and conclusions of law. The findings of fact shall consist of concise and separate findings necessary to support the conclusions of law. The decision shall contain the reasons and rationale which follow from the findings of fact to the conclusions of law.

(3) The decision of the appeal tribunal shall specify the time limit to file a petition for commission review with the commission under s. 108.09 (6), 108.095 (6) or 108.10 (2), Stats.

History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; renum. from ILHR 140.13, am. (2) and cr. (3), Register, June, 1997, No. 498, eff. 7-1-97; CR 18-033: am. Register May 2019 No. 761, eff. 6-1-19.

DWD 140.18 Fees for representation of parties. No representative may charge or receive from a claimant for representation in a dispute concerning benefit eligibility or liability for overpayment of benefits, or in any administrative proceeding under ch. 108, Stats., concerning such a dispute, a fee which, in the aggregate, is more than 10% of the maximum benefits at issue unless the department has approved a specified higher fee before the claimant is charged. When a request for waiver of the 10% limitation is received, the department shall consider whether extended benefits or any other state or federal unemployment benefits are at issue. Any request for waiver of the 10% limitation on fees shall be submitted in writing to the central administrative office of the bureau of legal affairs in the division. Under s. 108.13, Stats., the department may not assign any past or future benefits for the collection of representative fees.

Note: Any request for a waiver under this section shall be submitted in writing to: Department of Workforce Development, Division of Unemployment Insurance, Central Administrative Office of the Bureau of Legal Affairs, 201 E. Washington Avenue, P.O. Box 8942, Madison, Wisconsin 53708-8942.

History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; renum. and am. from ILHR 140.17, Register, June, 1997, No. 498, eff. 7-1-97; CR 18-033: am. 140.18 Register May 2019 No. 761, eff. 6-1-19.

DWD 140.19 Departmental assistance for persons with disabilities and hearing impairments.

(1) The department may, at its own expense, provide a person to assist a person with a hearing impairment in communicating at a hearing, if the person with a hearing impairment notifies the hearing office within a reasonable time before the date of the hearing and the appeal tribunal determines that the impairment is of a type which may hinder or prevent the person from communicating.

(2) If the person with a hearing impairment makes arrangements on their own behalf to have a person assist them in communicating, the department may reimburse such person for fees and travel expenses at the rate specified for interpreters under s. DWD 140.20, if the appeal tribunal determines that such person is necessary to assist the person with the hearing impairment in communicating.

(3) The hearing office shall attempt to schedule hearings in buildings which have ease of access for any person with a temporary or permanent incapacity or disability. The appeal tribunal may reschedule any hearing in which such a person who is a party or a necessary witness to the hearing does not have ease of access into the building where the hearing is scheduled.

History: Cr. Register, November, 1985, No. 359, eff. 12-1-85, r. (1) (intro.), renum. (1) (a) and (b) to 100.02 (30) and (17), renum. (2), (3) and (4) to (1), (2) and (3), Register, September, 1995, No. 477, eff. 10-1-95; am. Register, June, 1997, No. 498, eff. 7-1-97; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 2000, No. 537; CR 18-033: am. Register May 2019 No. 761, eff. 6-1-19.

DWD 140.20 Witness and interpreter fees; travel expenses.

(1) The appeal tribunal may authorize reimbursement by the department to any witness subpoenaed by a party or any party who has already made reimbursement to such a witness for witness fees and travel expenses. The appeal tribunal may also require reimbursement for an interpreter who is necessary to interpret testimony of a witness offered at the hearing.

(2) The department may refuse to reimburse a witness subpoenaed on behalf of a party other than the department for witness fees or travel expenses if the appeal tribunal determines that the testimony was not relevant or material to the issue of the hearing.

(3) No witness subpoenaed on behalf of or requested to appear by the department is entitled to prepayment of witness fees or travel expenses but any such witness who appears at the hearing shall be paid the fees and travel expenses provided under sub. (4).

(4) The fees of witnesses and interpreters are:

(a) For witnesses, $16.00 per day.

(b) For expert witnesses, the rate set under s. 814.04 (2), Stats., plus the fees under pars. (a) and (d).

(d) For travel expenses, 20 cents per mile from the witness’ or interpreter’s residence in this state to the hearing site and back or, if without the state, from the point at which the witness or interpreter passes the state boundary to the hearing site, and back.

History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. (1), (2), (4) (c) and (d), Register, June, 1997, No. 498, eff. 7-1-97; CR 18-033: am. (1), (2), (4) (c), (d) Register May 2019 No. 761, eff. 6-1-19.

DWD 140.21 Transcripts and recordings.

(1) Copies of hearing transcripts may be obtained from the commission under s. LIRC 1.08.

(2) Under s. 108.09 (5), Stats., if testimony at a hearing is recorded, the department may furnish a person with a copy of the hearing recording. The fee is $7.00 per electronic recording. The department may waive this fee if the department is satisfied that the person is unable to pay.

Note: To request hearing recordings and waivers of fees contact the Department of Workforce Development, Division of Unemployment Insurance, Bureau of Legal Affairs, 201 E. Washington Avenue, P.O. Box 8942, Madison, Wisconsin 53708-8942 or telephone (608) 266-3174.

History: Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. (2) and (3) and r. (4), Register, June, 1997, No. 498, eff. 7-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; CR 08-019: am. (title) and (2), r. (3) Register July 2008 No. 631, eff. 8-1-08; CR 18-033: am. Register May 2019 No. 761, eff. 6-1-19; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2022.

DWD 140.22 Standard affidavit form.

(1) In general.

(a) Personal knowledge is the recognition of facts through firsthand observation or experience.

(b) Information and belief is not based on firsthand observation or experience but is based on secondhand information that is sworn as true.

(c) The department’s standard affidavit form for appeals under ss. 108.09, 108.095 and 108.10, Stats., is available at the department’s website or by requesting a copy from the hearing office.

Note: To obtain the department’s standard affidavit form, call (608) 266-8010 or visit the website https://dwd.wisconsin.gov/dwd/forms/ui/ucl-17500-e.htm.

(2) Affidavit requirements.

(a) An affidavit must contain all of the following information:

1. The name and address of the affiant.

2. The signature or mark of the affiant.

3. The date the statement was sworn.

4. The signature or mark of the notary public or other person authorized by law to verify sworn statements.

5. The county and state where the statement was sworn.

(b) An affidavit based upon information and belief must state the source of the information and the grounds for the belief.

(3) Procedure.

(a) A party may submit an affidavit as a potential exhibit by simultaneously delivering the affidavit to the hearing office and electronically delivering or mailing a copy to each party. The appeal tribunal conducting the hearing may refuse to consider an affidavit not received by the hearing office and each party at least 3 days before the hearing.

(b) At the hearing, the appeal tribunal may accept the affidavit as evidence as provided under s. DWD 140.16.

History: CR 13-106: cr. Register July 2014 No. 703, eff. 8-1-14; CR 18-033: am. (1) (c), (3) (a), (b) Register May 2019 No. 761, eff. 6-1-19.