Section DWD 75.16 - Hearing procedures(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.(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.(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.(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.(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.(6) RECORD OF THE HEARING. (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. 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 (800) 442-3477.
(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. 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 (800) 442-3477.
(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.(8) ROLL CALL. (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.(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.(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.(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.(11) CROSS-EXAMINATION. Cross-examination is not limited to matters to which a party or witness testified on direct examination.(12) PRELIMINARY STATEMENTS BY THE PARTIES. The hearing officer shall ask the parties to state their names for the record.(13) REQUEST FOR DIRECT TESTIMONY, EVIDENCE AND ARGUMENTS.(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.(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.(c) Cross-examination is not limited to matters to which a party or witness testified on direct examination.(d) The hearing officer shall ensure that the parties have an opportunity to review and comment on all evidence.(e) At the request of either party, the hearing officer may exclude the testimony of a witness.(14) DIRECT TESTIMONY. (a) The hearing officer shall ask the administrator's representative and witnesses to make the first presentation and to question the applicant, eligible individual, or their representative.(b) The hearing officer shall ask the applicant, eligible individual, or their representative to make the second presentation and to question the administrator's representative and witnesses.(15) REBUTTAL AND QUESTIONS. The hearing officer shall give the administrator's representative and witnesses the opportunity to make a rebuttal of evidence presented at the hearing and to question the applicant, eligible individual, or their representative and then give the same opportunity to the applicant, eligible individual, or their representative.(16) CLOSING ARGUMENTS. The hearing officer shall ask the administrator's representative to present closing arguments and then ask the applicant, eligible individual, or their representative to present closing arguments. Closing arguments may be submitted both as verbal arguments and as written briefs.(17) ENDING THE HEARING. The hearing officer shall issue a written decision within 10 calendar days of a written motion under s. DWD 75.08 and within 30 calendar days of a hearing. The hearing officer shall provide a report of the hearing including the findings and the grounds for the decision. The decision shall state that the decision is final unless the administrator's representative or the applicant, eligible individual, or their representative requests a review of the decision of the hearing officer within 20 calendar days after the decision is issued, under s. DWD 75.19, or the applicant, eligible individual, or their representative chooses to petition the circuit court under s. 227.53, Stats. The notice shall specify the procedures for seeking judicial review in circuit court. The hearing officer shall send the original to the applicant, eligible individual, or their representative and send a copy of the notice to the administrator's representative and to the hearing coordinator for placement in the applicant's or eligible individual's case record.Wis. Admin. Code Department of Workforce Development DWD 75.16
Cr. Register, December, 1996, No. 492, eff. 1-1-97.Amended by, CR 15-055: am. (1), (3) to (5), (6) (a), (b), (7), (8) (b), (9), (14) (a), (b), (15) to (17) Register May 2016 No. 725, eff.6/1/2016Amended by, CR 22-008: am. (1), (6) (a), (7), (8) (b), (14) to (17) Register June 2022 No. 798, eff. 7-1-22; correction in (14) (a) made under s. 35.17, Stats., Register June 2022 No. 798, eff. 7/1/2022