Chapter ERC 91

Chapter ERC 91

AUTHORIZATION AND GENERAL PROVISIONS

ERC 91.01   Authorization.

ERC 91.02   Definitions.

ERC 91.03   Parties.

ERC 91.04   Representatives.

ERC 91.05   Filing and service of papers.

ERC 91.06   Captions.

ERC 91.07   Time.

ERC 91.08   Motions.

ERC 91.09   Briefing schedules.

ERC 91.10   Consolidation.

ERC 91.11   Withdrawal.

ERC 91.12   Dismissals.

ERC 91.13   Pay status for state employee parties and state employee witnesses in commission cases.

Ch. ERC 91 Note Note: Chapter PC 1 was renumbered Chapter ERC 91 under s. 13.92 (4) (b) 1., Stats., Register December 2014 No. 708.

ERC 91.01 ERC 91.01 Authorization. The rules in chs. ERC 91 to 95 are adopted by the commission pursuant to ss. 230.44 (4) (bm), 230.45 (1) (i) and (3) and 230.89 (1), Stats., and relate to the commission’s jurisdiction under s. 230.45, Stats.

ERC 91.01 History History: Cr. Register, March, 1980, No. 291, eff. 4-1-80; r. and recr. Register, August, 1987, No. 380, eff. 9-1-87; am. Register, May, 1996, No. 485, eff. 6-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 708.

ERC 91.02 ERC 91.02 Definitions. In the commission’s rules:

ERC 91.02(1) (1) “Agency” means an association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law.

ERC 91.02(2) (2) “Appeal” means a written request for relief filed with the commission and relating to one or more employment actions where the statutory basis for review does not provide for the commission to conduct an investigation.

ERC 91.02 Note Note: This definition includes actions filed under s. 230.45 (1) (a) and (d), Stats., and grievances filed under s. 230.45 (1) (c), Stats.

ERC 91.02(3) (3) “Appellant” means a person who, alone or with others, has filed an appeal.

ERC 91.02(4) (4) “Case” means a complaint or an appeal.

ERC 91.02(5) (5) “Chairperson” means the chairperson of the commission.

ERC 91.02(6) (6) “Commission” means the employment relations commission.

ERC 91.02(7) (7) “Commissioner” means a member of the commission.

ERC 91.02(8) (8) “Complainant” means a person who, alone or with others, has filed a complaint.

ERC 91.02(9) (9) “Complaint” means a written request for relief filed with the commission and relating to one or more employment actions where the statutory basis for review provides for the commission to conduct an investigation.

ERC 91.02(10) (10) “Filing” means the physical receipt of a document at the commission’s office.

ERC 91.02(11) (11) “Hearing examiner” means the person designated by the commission pursuant to s. 227.46 (1), Stats., to preside over an administrative hearing.

ERC 91.02(12) (12) “Meeting” means a convening of the commissioners that falls within the definition set forth in s. 19.82 (2), Stats.

ERC 91.02(13) (13) “Party” means a petitioner or a respondent.

ERC 91.02(14) (14) “Petitioner” means an appellant or a complainant.

ERC 91.02(15) (15) “Presiding authority” means the hearing examiner or, where the hearing is before the commission as a whole, the commissioners.

ERC 91.02(16) (16) “Probable cause” means a reasonable ground for belief, supported by facts and circumstances strong enough in themselves to warrant a prudent person to believe that a violation probably has been or is being committed as alleged in the complaint.

ERC 91.02(17) (17) “Respondent” means the person or state agency whose interests are adverse to those of the petitioner or who will be directly affected by the commission’s decision.

ERC 91.02(18) (18) “Representative” means an attorney or any other agent of a party who has been authorized by the party to provide representation before the commission, where authorized by law.

ERC 91.02 History History: Cr. Register, March, 1980, No. 291, eff. 4-1-80; r. and recr. Register, August, 1987, No. 380, eff. 9-1-87; am. (16), Register, May, 1996, No. 485, eff. 6-1-96; correction made under s. 13.92 (4) (b) 6., Stats., Register December 2014 No. 708.

ERC 91.03 ERC 91.03 Parties.

ERC 91.03(1) (1) Change of address. Parties shall promptly notify the commission, in writing, of any change of address during the pendency of the case.

ERC 91.03(2) (2) Substitution. If a petitioner dies during the pendency of a case, the deceased petitioner’s successor or personal representative shall, upon motion, be substituted for the petitioner. A case shall be held open for a reasonable period to permit substitution by the successor or personal representative.

ERC 91.03 History History: Cr. Register, August, 1987, No. 380, eff. 9-1-87.

ERC 91.04 ERC 91.04 Representatives.

ERC 91.04(1) (1) A party is entitled to appear in person or by or with the party’s representative in any case before the commission except as otherwise prohibited by law. The representative shall be presumed to have full authority to act on behalf of the party, including the authority to file or withdraw a case.

ERC 91.04(2) (2) One who has entered an appearance as the representative of a party shall be considered as the representative of that party unless and until a written withdrawal of representation is filed.

ERC 91.04 History History: Cr. Register, March, 1980, No. 291, eff. 4-1-80; renum. from PC 1.06 and am., cr. (2), Register, August, 1987, No. 380, eff. 9-1-87.

ERC 91.05 ERC 91.05 Filing and service of papers.

ERC 91.05(1) (1) With the exception of the initial complaint and the initial appeal which will be served by the commission pursuant to s. ERC 92.03, and papers that are filed as part of an investigation, all papers filed by a party with the commission shall also be served by that party on all other parties to the case.

ERC 91.05(2) (2) Papers may be served either personally or by mail. Service by mail is complete upon mailing. That is, for purposes of service, the effective date is the date of mailing, not receipt. Filing is complete on receipt.

ERC 91.05(3) (3) The filing of any paper required to be served constitutes a certification that a copy of the paper has been timely served on all parties required to be served unless the person filing the paper states otherwise in writing. No affidavit, certificate, or admission of service need be filed with the commission.

ERC 91.05(4) (4) When a party is represented by a representative, service shall be made upon that representative. For purposes of service, where more than one petitioner has filed the case, the first-named petitioner shall be considered the sole petitioner, unless another petitioner is specifically identified as the agent for service.

ERC 91.05 History History: Cr. Register, August, 1987, No. 380, eff. 9-1-87; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 708.

ERC 91.06 ERC 91.06 Captions. All papers shall, to the extent possible, contain a caption setting forth the names of the parties and the case number.

ERC 91.06 History History: Cr. Register, March, 1980, No. 291, eff. 4-1-80; renum. from PC 1.04 and am., Register, August, 1987, No. 380, eff. 9-1-87.

ERC 91.07 ERC 91.07 Time. Unless otherwise provided by chs. ERC 91 to 95, orders of a hearing examiner or of the commission and time periods set forth in correspondence from the commission, commissioners or staff shall refer to calendar days. The day an order is made or entered shall not count as one of the prescribed days. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday in which case the last day shall be the next day that is neither a Saturday, a Sunday or a legal holiday. As used in this section “legal holiday” means any holiday listed in s. 230.35 (4) (a), Stats.

ERC 91.07 History History: Cr. Register, March, 1980, No. 291, eff. 4-1-80; renum. from PC 1.09 and am., Register, August, 1987, No. 380, eff. 9-1-87; am. Register, May, 1996, No. 485, eff. 6-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 708.