Wis. Admin. Code Department of Workforce Development DWD 140.09 - Access to hearing files; limited discovery; inspection of records
(1)
PRE-HEARING STAGE.
(a) The hearing office
shall compile a hearing file for every case in which a request for hearing has
been received which shall contain the papers, documents and departmental
records relating to the issue of the hearing. Before the scheduled date of the
hearing, a party to a hearing may inspect the hearing file and procure copies
of file contents during regular hearing office hours at the hearing office or
other convenient location approved by the hearing office. If requested, the
hearing office may electronically deliver or mail copies of file contents to a
party. The department may allow such inspection or release of file contents to
a party's representative, union agent or legislator, as prescribed under s.
DWD 149.03(2).
(b) Unless the appeal tribunal orders
otherwise, the sole means of discovery available to a party or party's
representative before a hearing is inspection of the hearing file and
procurement of copies of file contents. The appeal tribunal may also order a
prehearing conference under s.
DWD 140.07.
The provisions of ch. 804, Stats., do not apply to hearings under ss.
108.09,
108.095 and
108.10,
Stats.
(c) The appeal tribunal may
deny a request to inspect the hearing file or procure copies of file contents
on the day of the hearing if the inspection or procurement would delay or
interfere with the hearing.
(2) HEARING STAGE. At the hearing, evidence
and exhibits are open to inspection by any party or party's representative
except that the appeal tribunal may conduct a closed inspection of evidence and
exhibits if the interests of justice so require. The appeal tribunal may
sequester from the hearing any person, party or representative as part of the
closed inspection. The appeal tribunal may also issue a protective order to
prohibit the parties or the parties' representatives from disclosing any
evidence and exhibits listed as confidential in the protective order if the
interests of justice so require.
(3) POST HEARING STAGE. After the hearing is
concluded, a party or a party's representative may inspect any hearing file
contents that the party or party's representative may inspect under subs. (1)
and (2), and also the hearing recording, written synopsis of testimony, and any
transcript that is prepared at the department's direction. Any person who is
not a party or party's representative at the hearing may inspect only the
following and only if personally identifiable information, as defined in s.
19.62(5),
Stats., has been redacted from the documents:
(a) The initial determination.
(b) The exhibits submitted and marked as
exhibits at the hearing, whether or not received by the appeal
tribunal.
(c) The appeal tribunal
decision issued for the hearing.
(d) The hearing recording.
(e) The written synopsis of
testimony.
(f) The transcript of
the testimony, if one is prepared at the department's direction.
Note: Under s. 19.62(5), Stats., "Personally identifiable information" means information that can be associated with a particular individual through one or more identifiers or other information or circumstances.
(4) CONFIDENTIALITY OF CERTAIN RECORDS AT ALL
STAGES OF HEARING.
(a) Notwithstanding subs.
(1) to (3), neither an employing unit which is a party to a hearing nor its
representative may inspect:
1. The
individual's unemployment insurance record as that record relates to work for
another employing unit unless the appeal tribunal approves a request.
2. Department memoranda concerning
unemployment tax litigation strategy.
3. The investigation reports of department
auditors concerning the status and liability of employing units under ch. 108,
Stats.
(b)
Notwithstanding subs. (1) to (3), the appeal tribunal may declare all or parts
of documents or other material that contains records or preserves information
that the appeal tribunal examined in a closed inspection under sub. (2) to be,
in whole or in part, confidential and closed to inspection by one or more
parties, representatives or other persons.
(c) Notwithstanding subs. (1) to (3),
evidence and exhibits declared to be confidential under a protective order
issued by the appeal tribunal under sub. (2) are closed to inspection as stated
in the order.
(d) Notwithstanding
subs. (1) to (3), no party, party's representative or other person, except a
statutory reviewing body, as specified under ss.
108.09,
108.095 and
108.10,
Stats., may inspect the notes made by the appeal tribunal at the hearing.
Notes
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