Wis. Admin. Code Department of Workforce Development DWD 140.01 - Hearings and appeals

(1) APPEAL RIGHTS. Any party to a determination issued under s. 108.09, 108.095 or 108.10, Stats., has the right to an appeal. An appeal as to any matter in a determination is a request for hearing and shall be filed with an appeal tribunal by the appellant or its representative. An appeal is filed with an appeal tribunal when it is submitted to a hearing office or public employment office in an agent state under sub. (2) (b). Each determination issued under s. 108.09, 108.095 or 108.10, Stats., shall specify the time limit within which any appeal is required to be filed under ch. 108, Stats.

(2) TIME LIMIT AND METHOD FOR FILING.

(a) An appeal shall be filed after a copy of the determination is electronically delivered, mailed or given to a party, whichever first occurs, as specified under s. 108.09, 108.095 or 108.10, Stats. If a party first receives a determination after the statutory appeal period has expired and through no fault of that party, the statutory appeal period as specified under s. 108.09, 108.095 or 108.10, Stats., shall extend from the date the party receives the determination. An appeal received within these time limits is timely filed. If the deadline for filing an appeal falls on a Saturday, Sunday, any of the holidays enumerated under ss. 230.35(4) (a) and 995.20, Stats., or any other day on which mail is not delivered by the United States postal service, then the deadline shall be extended to include the next business day.

(b) An appeal shall be filed with any of the following:

2. A hearing office.

4. An appeal by an interstate claimant may be filed at a public employment office in the agent state under s. 108.14(8), Stats., in the manner prescribed for timely filing with the department under this section.

(c) An appeal shall be considered filed on the earliest of the following dates:

1. The date a hearing office actually receives the written appeal.

2. If the appeal was mailed and bears only a United States postal service postmark, on the date of that postmark.

3. If the appeal was mailed and bears both a United States postal service postmark and a private meter mark, on the date of the United States postal service postmark.

4. If the appeal was mailed and bears only a private meter mark, on the date of the of the private meter mark.

5. If the appeal was mailed and bears no United States postal service postmark, no private meter mark, or an illegible mark, 2 business days before the date the appeal was actually received by a hearing office.

6. If the appeal was sent using a delivery service other than the United States postal service, on the date a hearing office actually receives the appeal.

7. If the appeal was filed by facsimile transmission, the date the facsimile is actually received by a hearing office is presumed to be the date of transmission.

8. The date the department receives an electronically-filed appeal.

Notes

Wis. Admin. Code Department of Workforce Development DWD 140.01

Cr. Register, November, 1985, No. 359, eff. 12-1-85; r. and recr., Register, June, 1997, No. 498, eff. 7-1-97; correction in (2) (a) made under s. 13.93(2m) (b) 7, Stats., Register, September, 2000, No. 537; correction in (2) (a) made under s. 13.93(2m) (b) 7, Stats., Register June 2007 No. 618. Amended by, CR 18-033: am. (1), (2) (title), (a), r. (2) (b) 1., 3., am. (2) (b) 4., (c) 1., 5. to 7., cr. (2) (c) 8. Register May 2019 No. 761, eff. 6/1/2019

The address for the central administrative office of the bureau of legal affairs, unemployment insurance division, department of workforce development, is 201 E. Washington, room 331X, P.O. Box 8942, Madison, Wisconsin 53708-8942.