DWD 140.03DWD 140.03 Notice of pending appeal. The department shall promptly notify the parties in writing of the appeal after an appeal is received. The notice may also contain any information concerning the hearing which the department considers relevant.

DWD 140.03 HistoryHistory: Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. Register, June, 1997, No. 498, eff. 7-1-97.

DWD 140.04(1)(1) The hearing office may schedule a hearing on the question of whether a late appeal was for a reason beyond the appellant’s control. The hearing office may also schedule a provisional hearing on any matter in the determination at the same time as the hearing on the appellant’s late appeal.

DWD 140.04(2)(2) The appeal tribunal shall issue a decision which makes ultimate findings of fact and conclusions of law as to whether or not the appellant’s late appeal was for a reason beyond the appellant’s control. If the appeal tribunal decides this question in favor of the appellant, the same or another appeal tribunal shall then make ultimate findings of fact and conclusions of law on the merits of the case. If the appeal tribunal decides that the late appeal was late for a reason within the appellant’s control, the appeal tribunal shall dismiss the appeal.

DWD 140.05(1)(1) An appellant may withdraw an appeal at any time before the issuance of a decision on the merits by notifying the hearing office or by choosing not to continue to participate in a hearing. The appeal tribunal shall issue a withdrawal decision after determining that an appeal has been withdrawn.

DWD 140.05(2)(2) An appellant may submit a request to retract its withdrawal and reinstate an appeal. The retraction request shall be in writing and state the reason for the request. The appeal tribunal may not grant a request to retract a withdrawal unless the request establishes good cause for the retraction and is received within 21 days after the withdrawal decision was electronically delivered or mailed to the appellant.

DWD 140.05(3)(3) If the hearing office receives a retraction request before the issuance of a withdrawal decision and the request establishes good cause for the retraction, the appeal tribunal shall acknowledge the request in writing to the appellant. If a timely retraction request is received by the hearing office after issuance of the withdrawal decision and the request establishes good cause for the retraction, the appeal tribunal shall issue a decision setting aside the withdrawal decision and the hearing office shall schedule another hearing.

DWD 140.05(4)(4) If the hearing office receives a retraction request before or after the issuance of a withdrawal decision and the request does not establish good cause for the retraction, the appeal tribunal shall deny the request in writing to the appellant.

DWD 140.05 HistoryHistory: Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. (1) to (3), cr. (4), Register, June, 1997, No. 498, eff. 7-1-97; CR 18-033: am. (1) to (4) Register May 2019 No. 761, eff. 6-1-19.

DWD 140.06DWD 140.06 Notice of hearing; contents; to whom sent; issues not on notice of hearing; consolidation of issues.

DWD 140.06(1)(1) The hearing office shall schedule a hearing at the earliest feasible time after the appeal is received.

DWD 140.06(2)(2) The notice of hearing shall state the time and place of the hearing, the department’s statutory authority for convening the hearing and the issues to be heard. The hearing office shall electronically deliver or mail the notice of hearing to the last-known address of each party not less than 6 calendar days before the hearing, unless all parties waive the notice requirement.

DWD 140.06(3)(3) The appeal tribunal may receive evidence and render a decision on issues not listed on the notice of hearing if all parties are notified at the hearing and do not object.

DWD 140.06(4)(4) The hearing office may consolidate, for hearing or decision, issues involving the same parties or issues involving more than one appellant or respondent and arising out of the same or similar circumstances.

DWD 140.06 HistoryHistory: Cr. Register, November, 1985, No. 359, eff. 12-1-85; am. (1) to (3), r. and recr. (4), Register, June, 1997, No. 498, eff. 7-1-97; CR 18-033: am. (1) to (3) Register May 2019 No. 761, eff. 6-1-19.

DWD 140.07(1)(1) After an appeal is filed, the appeal tribunal may direct the parties to appear before the appeal tribunal for a prehearing conference. In determining whether a prehearing conference is necessary, the appeal tribunal may consider any of the following criteria:

DWD 140.07(2)(2) Prehearing conferences may be conducted in person, by telephone or by videoconference. The date and time for the prehearing conference shall be set by the hearing office. Parties shall have at least 10 calendar days’ notice of the prehearing conference. The appeal tribunal may adjourn the conference or order additional prehearing conferences.

DWD 140.07(3)(3) Following the prehearing conference, the appeal tribunal shall issue an order with respect to the course of the conference on any of the following matters: