Wis. Admin. Code Department of Workforce Development DWD 140.11 - Telephone and videoconference hearings

(1) The appeal tribunal may conduct hearings in whole or in part by telephone or videoconference when it is impractical for the appeal tribunal to conduct an in-person hearing, when necessary to ensure a prompt hearing or when one or more of the parties would be required to travel an unreasonable distance to the hearing location. When 2 or more parties are involved, the evidence shall be presented during the same hearing unless the appeal tribunal determines that it is impractical to do so. A party scheduled to appear by telephone or videoconference may appear in person at the appeal tribunal's location. The appeal tribunal may postpone or adjourn a hearing initially scheduled as a telephone or videoconference hearing and reschedule the hearing for an in-person appearance if circumstances make it impractical to conduct a telephone or videoconference hearing.

(2) If the appellant is scheduled to testify by telephone or videoconference and fails to provide the hearing office with the appellant's telephone number or the name and telephone number of the appellant's representative or fails to connect to the videoconference within a reasonable time before the hearing and if the appeal tribunal has made reasonable attempts to contact the appellant, the appeal tribunal shall dismiss the appeal. If the respondent fails to provide the hearing office with the telephone number or the name and telephone number of the respondent's representative, or the representative fails to connect to the videoconference before the hearing, and if the appeal tribunal has made reasonable attempts to contact the respondent, the appeal tribunal shall proceed with the hearing.

(3) If the appellant is scheduled to appear by telephone or videoconference, the appeal tribunal shall, within 10 minutes after the starting time for the hearing, attempt to place at least two calls to the appellant's telephone number of record or the telephone number furnished to the hearing office. One of the calls shall be attempted at or near the end of the 10 minute period unless the appeal tribunal determines after reasonable efforts that the appellant cannot be reached at that number. If, within 10 minutes after the starting time for the hearing, neither the appellant nor the appellant's representative can be reached at the telephone number of record or the telephone number furnished to the hearing office, then the appeal tribunal shall dismiss the appeal.

(4) If the respondent is scheduled to appear by telephone or videoconference, the appeal tribunal shall proceed with the hearing if, within 10 minutes after the starting time for the hearing, neither the respondent nor the respondent's representative can be reached at the respondent's telephone number of record or the telephone number furnished to the hearing office. The appeal tribunal may refuse to allow a respondent to testify if the appeal tribunal is unable to reach the respondent or the respondent's representative and neither the respondent nor the respondent's representative have contacted the hearing office within 10 minutes after the starting time for the hearing. The respondent is considered to have failed to appear for the hearing if the appeal tribunal so refuses. The respondent may petition such a finding under s. 108.09(6), Stats.

(5) All parties shall remain available for the hearing up to one hour after the scheduled starting time in the event of a delay in the prior hearings or other unforeseen circumstances. If the respondent cannot be contacted by telephone or connect by videoconference within one hour of the scheduled starting time of the hearing, the appeal tribunal shall proceed with the hearing if the appellant has appeared. If the appellant cannot be contacted within one hour of the scheduled starting time of the hearing, the appeal tribunal shall dismiss the appeal.

(6) The hearing office shall mark and electronically deliver or mail the potential exhibits for a telephone or videoconference hearing from the hearing file to all parties as soon as possible before the date of the telephone or videoconference hearing. A party may submit additional documents as potential exhibits by simultaneously electronically delivering or mailing those documents to the hearing office and copies to each party. A party may submit potential exhibits which are not documents in the manner designated by the hearing office to which the case is assigned. The appeal tribunal may refuse to consider any documents not received by the hearing office or each party at least 3 days before the hearing.

Notes

Wis. Admin. Code Department of Workforce Development DWD 140.11

Cr. Register, November, 1985, No. 359, eff. 12-1-85; r. and recr., Register, June, 1997, No. 498, eff. 7-1-97. Amended by, CR 18-033: am. Register May 2019 No. 761, eff. 6/1/2019