Judicial review of any commission decision under s.
108.10, Stats., shall be
commenced in the manner and upon the grounds specified in ss.
102.23, Stats., and not under
ch. 227 or s. 801.02, Stats. Either party may
commence a legal action for review of the commission decision in circuit court
within 30 days from the date the decision was mailed to the party's last known
address. Such action is commenced only by filing a summons and complaint with
the circuit court and serving an authenticated copy of the summons and the
complaint upon the commission, all within 30 days. Service must be made upon a
commissioner of the labor and industry review commission or an agent authorized
by the commission to accept service only at the commission's office in Madison.
Such service shall be deemed complete service on all parties but there shall be
left with the person so served as many copies of the summons and complaint as
there are defendants. Service by mail is effective only if the pleadings are
actually received by the commission within the appeal period. The complaint
shall state the grounds upon which review is sought. The action shall be
commenced against the commission, and the party in whose favor the decision was
made shall also be made a defendant. The proceedings shall be in the circuit
court of the county where the plaintiff resides except that, if the plaintiff
is a state agency, the proceedings shall be in the circuit court of the county
where the defendant resides. If the plaintiff is a non-resident of Wisconsin,
the proceedings shall be in the circuit court for the county where the claim
arose. The proceedings may be brought in any circuit court if all parties
stipulate and that court agrees. The appealing party shall arrange for
preparation of the necessary legal documents.
Wis. Admin. Code
Cr. Register, March, 1981,
No. 303, eff. 4-1-81; renum. from LIRC 2.06 and am., Register, January, 1985,
No. 349, eff. 2-1-85; r. and recr. Register, May, 1988, No. 389, eff. 6-1-88;
CR 09-014: am. Register September 2009 No. 645, eff.