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 75.09(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.

DWD 75.10 HistoryHistory: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: am. (1), (2) Register May 2016 No. 725, eff. 6-1-16; CR 22-008: am. (1), (2) Register June 2022 No. 798, eff. 7-1-22.

DWD 75.11DWD 75.11 Services while a hearing officer’s decision is pending. Pending the decision of a hearing officer, the department may not suspend, reduce, or terminate vocational rehabilitation services including evaluation and assessment services and IPE development unless any of the following apply:

DWD 75.11(1)(1) The services were obtained through misrepresentation, fraud, collusion, or criminal conduct.

DWD 75.11(2)(2) The applicant, eligible individual, or, in appropriate cases, the applicant’s or eligible individual’s representative requests a suspension, reduction, or termination of services.

DWD 75.11 HistoryHistory: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: renum. 75.11 to 75.11 (intro.) and (1) and am., cr. (2) Register May 2016 No. 725, eff. 6-1-16; CR 22-008: am. (2) Register June 2022 No. 798, eff. 7-1-22.

DWD 75.12DWD 75.12 Hearing officer qualifications. A hearing officer shall be impartial and have knowledge of the delivery of vocational rehabilitation services, the requirements of the state plan for services under the act, federal regulations and state regulations and policy governing the provision of the services and the procedures for conducting an impartial hearing. The hearing officer shall not:

DWD 75.12(1)(1) Be an employee of the department or other public agency except as an administrative law judge, a hearing examiner or an employee of an institution of higher education. An individual is not considered an employee of the department solely because the individual is paid by the department to serve as a hearing officer.

DWD 75.12(2)(2) Be a member of the state rehabilitation planning advisory council.

DWD 75.12(3)(3) Have been previously involved in the vocational rehabilitation of the applicant or eligible individual.

DWD 75.12(4)(4) Have any personal or financial interest that may conflict with the hearing officer’s obligation to be objective.

DWD 75.12 HistoryHistory: Cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 15-055: am. (intro.), (1), (3) Register May 2016 No. 725, eff. 6-1-16.

DWD 75.13(1)(1) The hearing officer shall conduct a prehearing conference with the parties as specified under s. DWD 75.14. The hearing officer may receive and act on motions under s. DWD 75.08, use the power of subpoena under s. 885.01, Stats., and contact any party prior to a scheduled hearing to obtain needed information or suggest mediation if the parties agree that agreement is possible prior to the hearing. The parties retain all rights under this chapter regardless of their participation or nonparticipation in mediation.