DWD 75.14(3) (3) Hearing not delayed by participation in a prehearing conference. Participation in a prehearing conference shall not delay a hearing and does not affect time limits under this chapter. The parties shall not forfeit any rights under this chapter by participating in a prehearing conference or meeting to reach agreement prior to a hearing.

DWD 75.14 History History: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: am. (title), (1) (intro.), (2), (3) Register May 2016 No. 725, eff. 6-1-16; CR 22-008: am. (2) Register June 2022 No. 798, eff. 7-1-22.

DWD 75.15 DWD 75.15 Agreement prior to a hearing.

DWD 75.15(1) (1) Notice of agreement. If the parties reach agreement prior to a hearing, the hearing officer shall notify the parties by certified mail that the issue has been resolved by mutual agreement and is dismissed without prejudice. The dismissal notice shall include a brief summary of the agreement between the parties and advise the parties that failure to meet the conditions of the agreement shall be grounds for a new hearing request.

DWD 75.15(2) (2) If proposed settlement rejected. If either party rejects a proposal prior to a scheduled hearing, the scheduled hearing shall be held without additional notice.

DWD 75.15 History History: Cr. Register, December, 1996, No. 492, eff. 1-1-97.

DWD 75.16 DWD 75.16 Hearing procedures.

DWD 75.16(1) (1) Hearing is closed. A hearing shall be closed to the public as a confidential matter unless the applicant, eligible individual, or their representative files a motion to open the hearing within 5 working days in advance of the scheduled hearing.

DWD 75.16(2) (2) Hearing not a court. The hearing officer is not bound by the rules of evidence and customary procedures of a court of law. However, the hearing officer shall adhere to the hearing procedures in this section unless there is good cause and shall document, on the record of the hearing, the reasons for deviation from any procedure required under this chapter.

DWD 75.16(3) (3) Attendance at a hearing. Parties and witnesses shall attend a scheduled hearing unless a motion has been filed with the hearing officer within 5 working days prior to a scheduled hearing stating reasonable cause for an individual to participate in the hearing, including the need for reasonable and specific disability accommodations, by a live, real time electronic means as an alternative to appearing in person. The hearing officer may grant the request if the other party has no objection.

DWD 75.16(4) (4) Testimony by witnesses. Witnesses may testify in person by answering questions posed to them, in narrative form, or by deposition provided that the witness agrees in advance, as part of the deposition, to permit the recording of the testimony and any subsequent cross-examination and the witness understands a subpoena to appear may be issued by the hearing officer based on the information in the deposition. For reasonable and specific disability accommodations or to provide testimony by deposition or electronic means, witnesses shall file a request with the hearing officer within 5 working days prior to a scheduled hearing. The hearing officer may grant the request if the other party does not object provided that the witness agrees in advance and on the record to permit the recording of the witness’s telephone testimony and any subsequent cross-examination.

DWD 75.16(5) (5) Identification of witnesses and exhibits. Each party shall file a list of witnesses and submit a copy of exhibits not previously identified in the prehearing conference with the hearing officer and the other party within 5 working days prior to a scheduled hearing.

DWD 75.16(6) (6) Record of the hearing.

DWD 75.16(6)(a) (a) Recording. The hearing officer shall record each hearing. The applicant, eligible individual, or their representative may obtain one free copy of the recording by contacting the hearing coordinator. No other recording of the hearing is permitted.

DWD 75.16 Note Note: To obtain a copy of the recorded hearing, contact the Hearing Coordinator, Division of Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707 or telephone [phone].

DWD 75.16(6)(b) (b) Transcript. Transcripts of the hearing record may be provided at the expense of the requestor. However, a party who cannot, due to a disability, use the free copy of the recording provided in par. (a) may file a written request with the hearing coordinator for a copy of the record in an alternate format as a reasonable accommodation.

DWD 75.16 Note Note: To file a written request for a transcript of the hearing record, contact the Hearing Coordinator, Division of Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707 or telephone [phone].

DWD 75.16(7) (7) Opening statement by hearing officer. The hearing officer shall open the hearing with a brief statement of the date, the location of the hearing, the issues, the parties directly involved in the hearing and the standard procedures and shall remind all parties and witnesses present that all personally identifiable information made available for the hearing is confidential.

DWD 75.16(8) (8) Roll call.

DWD 75.16(8)(a) (a) The hearing officer shall determine if the parties and announced witnesses are present. The hearing officer may admit other individuals to the hearing for good cause at the request of either party.

DWD 75.16(8)(b) (b) If either party fails to appear at a hearing without prior notice, the hearing officer shall immediately reschedule the hearing to a date within 5 working days after the current date to allow the absent party to explain the absence. The hearing officer shall notify the parties and the hearing coordinator by certified mail or electronic mail of the new hearing date and the reason for rescheduling the hearing. If the applicant, eligible individual, or their representative fails to appear at the rescheduled hearing, the hearing officer shall dismiss the appeal. This dismissal shall not be construed as violation of the 60-day limit for holding a hearing since the hearing was scheduled and held but the applicant, eligible individual, or their representative did not appear to present testimony or evidence. The department may review this decision as provided in s. DWD 75.19.

DWD 75.16(9) (9) Admissibility of evidence or testimony. At the request of either party, the hearing officer may exclude testimony or evidence. The hearing officer may also exclude immaterial, irrelevant or unduly repetitious testimony. A decision to exclude evidence or testimony shall be made on the record and shall include the rationale and arguments used by the hearing officer to exclude the material. The hearing officer may issue reserved rulings on evidence and determine, before the close of the hearing, if the material will be considered in the decision.

DWD 75.16(10) (10) Administering oath. The hearing officer shall swear in the parties and all witnesses. After the roll call, witnesses shall be present in the hearing room only while giving testimony.

DWD 75.16(11) (11) Cross-examination. Cross-examination is not limited to matters to which a party or witness testified on direct examination.

DWD 75.16(12) (12) Preliminary statements by the parties. The hearing officer shall ask the parties to state their names for the record.

DWD 75.16(13) (13) Request for direct testimony, evidence and arguments.

DWD 75.16(13)(a) (a) The hearing officer shall ask the parties to present written and oral statements regarding the facts, issues and desired outcome of the hearing. This includes new information which may not have been available when the original request for a hearing was filed.

DWD 75.16(13)(b) (b) Witnesses may testify either by answering questions posed to them or in narrative form. Written or electronic depositions may also be used with the understanding that a witness may be asked or subpoenaed to appear by the hearing officer based on the information in the deposition.

DWD 75.16(13)(c) (c) Cross-examination is not limited to matters to which a party or witness testified on direct examination.