DWD 75.03 HistoryHistory: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: cr. (2m), am. (3), cr. (3m), r. (4), cr. (5r), am. (8) to (16), cr. (16m), am. (17), Register May 2016 No. 725, eff. 6-1-16; CR 22-008: am. (3), (8), (10), (13), (14) Register June 2022 No. 798, eff. 7-1-22. DWD 75.04DWD 75.04 Right to a hearing. An applicant or eligible individual may appeal a determination of ineligibility or the determination affecting the provision of services including a decision relating to an order of selection for services, whenever vocational rehabilitation services for an individual are denied, reduced, suspended, or terminated. DWD 75.05(1)(1) Time limits. The time limit for filing a hearing request shall be within 180 days after the date of written notice of a determination of ineligibility or a determination affecting the provision of services. Failure to file a hearing request within the 180-day limit shall be cause for the hearing request to be dismissed. DWD 75.05(2)(2) How to file. An applicant or eligible individual shall file a written hearing request and state the issues involved in the appeal and the desired outcome on a form provided by the department with the hearing coordinator. DWD 75.05 NoteNote: To obtain a hearing request form, or for questions relating to filing a hearing request, contact the Hearing Coordinator, Division of Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707, telephone (800) 442-3477 or access the form online at http://dwd.wisconsin.gov/dvr/. DWD 75.06DWD 75.06 Acknowledgment of a hearing request. The hearing coordinator shall acknowledge receipt of a hearing request in writing and notify the parties within 5 working days after receiving the request. If a representative has been designated, the hearing coordinator shall notify the applicant’s or eligible individual’s representative in writing. The acknowledgment of a hearing request shall include a copy of this chapter, and information on appeal rights and the Wisconsin client assistance program. DWD 75.07DWD 75.07 Time limit for hearing. A hearing shall be held within 60 calendar days of the receipt of the hearing request by the hearing coordinator unless the parties agree to a specific extension of time. DWD 75.08DWD 75.08 Motions relative to a hearing. Motions shall be in writing and may be filed at any time prior to a scheduled hearing. A motion shall state the grounds of the motion and the relief or order requested. Briefs, affidavits, documentary evidence and other papers in support of a motion shall be filed with the motion and the hearing officer. Motions relative to a hearing may include any of the following: DWD 75.08(1)(1) Motion to extend time limits. A motion to extend any time limit, including the 60-day time limit for holding a hearing. DWD 75.08(2)(2) Motion to dismiss a hearing request for lack of subject matter jurisdiction. A motion to dismiss a hearing request on the grounds that the department does not have subject matter jurisdiction may be filed at any time. DWD 75.08(3)(3) Motion to amend a hearing request. A motion to expand or restrict the nature or scope of the hearing. DWD 75.08(4)(4) Motion to withdraw a hearing request. An applicant, eligible individual, or their representative may withdraw from the appeal process at any time. DWD 75.08(5)(5) Motion for a substitute hearing officer. Either party may file a motion for a substitute hearing officer for reasons of conflict of interest, bias, or qualifications. DWD 75.09DWD 75.09 Identification of a representative. DWD 75.09(1)(1) Administrator’s representative. An administrator’s representative shall be designated for each hearing. DWD 75.09(2)(2) Representative of applicant or eligible individual. An applicant or eligible individual may designate a representative for a hearing. As provided under 34 CFR 370.4, upon the request of an applicant or eligible individual, the Wisconsin client assistance program may provide assistance and advocacy services for the applicant or eligible individual and may be the designated representative of an applicant or eligible individual. DWD 75.09(3)(3) Notice of representation. Notice of representation shall be filed with the hearing officer as part of the prehearing conference under s. DWD 75.14, or within 5 working days in advance of the scheduled hearing. If the representative of the applicant or eligible individual has been properly designated in writing prior to a hearing request, that designation shall be valid for a hearing unless revoked by the applicant or eligible individual. If the applicant or eligible individual is not present at a hearing to introduce a representative, the hearing officer may require the representative to present identification before the hearing may proceed. DWD 75.10(1)(1) Documents filed with representative. If the applicant or eligible individual has designated a representative in writing, all correspondence and other documents related to the hearing shall be sent by mail or electronic mail to the representative of the applicant or eligible individual. For documents sent by mail or electronic mail, the date the document is received by the applicant, eligible individual, or their representative determines the date of filing. DWD 75.10(2)(2) Filing in person. For papers filed in person, the date the applicant, eligible individual, or their representative receives the document determines the filing date. DWD 75.10(3)(3) Document exchange. Filing of any document with the hearing officer or the hearing coordinator constitutes a certification that a copy of the document has been served on the other parties.