Wis. Admin. Code Department of Workforce Development DWD 301.135

Current through October 28, 2024
Section DWD 301.135 - Hearings
(1) A person shall serve a written request for a hearing under s. DWD 301.05 (1) (c), 301.07 (1) (aw), or 301.13(5) on the department by personal delivery or certified mail to the office of the secretary of the department.

Note: For personal delivery, the office of secretary is located at 201 East Washington Avenue, Madison, Wisconsin 53703. For certified mail, the mailing address of the office of secretary is P.O. Box 7946, Madison, Wisconsin 53707.

(2) Within 10 days of receipt of a request for a hearing, the department shall designate a hearing officer to preside over the hearing. The hearing officer shall give reasonable notice of the hearing by registered mail, return receipt requested, to the department and the person requesting the hearing. The notice shall include all of the following:
(a) A reasonable time and place of hearing.
(b) A statement of the provisions of this chapter or ss. 103.90 to 103.97, Stats., that are the basis of the action to be contested at the hearing.
(3) The procedures under ch. 227, Stats., shall apply to the disposition of the request for hearing, except that all of the following apply:
(a) The hearing officer shall receive, and make part of the record, documentary evidence offered by any party and accepted at the hearing. Copies thereof shall be made available by the party submitting the documentary evidence to any party to the hearing upon request.
(b) Technical rules of evidence shall not apply to hearings conducted pursuant to this section, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination shall be applied, where reasonably necessary, by the hearing officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence.
(c) The hearing officer shall issue a written decision within 30 days of the close of the hearing record. The hearing officer's decision constitutes final agency action.

Wis. Admin. Code Department of Workforce Development DWD 301.135

Adopted by, CR 23-030: cr. Register January 2024 No. 817, eff. 2/1/2024