Current through November 25, 2024
Section LIRC 1.025 - Petitions for review; filing(1) WHEN PETITIONS CONSIDERED FILED. A petition for review filed by mail or personal delivery is deemed filed only when it is actually received by the office to which the petition is mailed or delivered, except that petitions for review in unemployment insurance cases and worker classification compliance cases which are filed by mail or personal delivery are deemed filed when received or postmarked as provided for in s. LIRC 1.031.(1e) UNEMPLOYMENT INSURANCE AND WORKER CLASSIFICATION COMPLIANCE PETITIONS; HOW TO FILE. (a) Except as provided in par. (b), a petition in an unemployment insurance case or worker classification compliance case shall be filed with the commission by one of the following methods: 1. By personal delivery at the commission's office at 3319 West Beltline Highway, 2nd Floor, Madison, WI 53713.2. By mail to the commission's office at 3319 West Beltline Highway, P.O. Box 8126, Madison, WI 53708.3. By facsimile transmission to (608) 267-4409.4. On the commission's website as provided in sub. (4).(b) A petition filed by an interstate claimant may be filed as provided in par. (a) or with a qualified employee of the agent state in which the interstate claimant files his or her claim. (1m) WORKER'S COMPENSATION PETITIONS; HOW TO FILE. A petition in a worker's compensation case shall be filed with any of the following:(a) The commission by any of the following methods: 1. By mail to 3319 West Beltline Highway, P.O. Box 8126, Madison, WI 53708.2. By personal delivery to 3319 West Beltline Highway, 2nd Floor, Madison, WI 53713.3. By facsimile transmission to (608) 267-4409.4. On the commission's website as provided in sub. (4).(b) The division of hearings and appeals by any of the following methods:1. By mail or personal delivery to 4822 Madison Yards Way 5th Floor North, Madison, WI 53705, or by facsimile transmission to (608) 266-0018.2. By mail or personal delivery to 819 North Sixth Street, Room 330, Milwaukee, WI 53203, or by facsimile transmission to (414) 227-4012.3. By mail or personal delivery to 54 Park Place, Suite 900, Appleton, WI 54914, or by facsimile transmission to (920) 832-5355.(c) The worker's compensation division of the department by any of the following methods:1. By mail to 201 East Washington Avenue, P.O. Box 7901, Madison, WI 53707.2. By personal delivery to 201 East Washington Avenue, Madison, WI 53703.3. By facsimile transmission to (608) 260-3053.(1s) EQUAL RIGHTS PETITIONS; HOW TO FILE. A petition for commission review in an equal rights case shall be filed with the equal rights division by any of the following methods: (a)Milwaukee. By mail or personal delivery to 819 North Sixth Street, Milwaukee, WI 53203 or by facsimile transmission to (414) 227-4084.(b)Madison. By mail to 201 East Washington Avenue, P.O. Box 8928, Madison, WI 53708; by personal delivery to 201 East Washington Avenue, Madison, WI 53703; or by facsimile transmission to (608) 327-6001.(2) LIMIT ON FILING BY ELECTRONIC DATA TRANSMISSION. Petitions for review may not be filed by e-mail or, except as provided in subs. (3) and (4), by any other method of electronic data transmission.(3) PETITIONS FILED BY FACSIMILE TRANSMISSION.(a) A petition for review transmitted by facsimile is not deemed filed unless and until the petition is received and printed at the recipient facsimile machine of the commission, the division of hearings and appeals, or the division of the department to which the petition is being transmitted. The party transmitting a petition by facsimile is solely responsible for ensuring its timely receipt. The commission is not responsible for errors or failures in transmission.(b)1. Except as provided in subds. 2 and 3., a petition for review transmitted by facsimile transmission is considered filed on the date of transmission recorded and printed by the recipient facsimile machine.2. Except as provided in subd. 3., a petition for review in an equal rights case transmitted by facsimile transmission after the regular business hours of the equal rights division is considered filed on the next business day.3. If the commission's, the division of hearings and appeals', or department's records indicate receipt of the facsimile at a date later than the date of transmission recorded and printed by the recipient facsimile machine, then the later date shall control.(4) PETITIONS FILED ON THE COMMISSION'S WEBSITE. (a) Except in equal rights cases, petitions for review may be filed electronically through the internet website of the commission at the following webpages: (b) Successful filing of a petition for review electronically through the internet website of the commission will result in a display on the petitioner's internet browser of a message confirming that the petition has been successfully filed. A petition for review transmitted electronically through the website of the commission is not deemed filed unless and until the confirmation message is displayed.(c) The commission is not responsible for errors in transmission that result in failure of a petition to be successfully filed electronically through the website of the commission. A petition for review filed electronically through the internet website of the commission is deemed filed on the date of filing stated on the commission's electronic record of the filing.(5) NO FILING BY TELEPHONE. Petitions for review may not be filed by telephone.Wis. Admin. Code Labor and Industry Review Commission LIRC 1.025
Cr. Register, May, 1997, No. 497, eff. 6-1-97; CR 05-092: r. and recr. Register July 2006 No. 607, eff. 8-1-06; CR 09-014: am. (3) and (4) Register September 2009 No. 645, eff. 10-1-09.Amended by, CR 21-105: am. (1), cr. (1e), (1m), renum. (1e) (b) and (1s) from LIRC 2.01 (2) and 4.01 and am., am. (2), renum. (3) to (3) (a), (b) 2., 3. and am., cr. (3) (b) 1., renum. (4) to (4) (a) (intro.), (b), (c) and am. (4) (a) (intro.), cr. (4) (a) 1., 2., (5) (title) Register July 2022 No. 799, eff. 8-1-22; correction in (1) made under s. 35.17, Stats., correction in (1m) (a) 2. made under s. 13.92 (4) (b) 6, and correction in (2) made under s. 13.92 (4) (b) 7, Register July 2022 No. 799, eff. 8/1/2022.