Wis. Admin. Code Department of Workforce Development DWD 301.135 - Hearings
(1) A person shall serve a written request
for a hearing under s.
DWD 301.05 (1)
(c), 301.07 (1)
(aw), or 301.13(5) on the department by personal delivery or
certified mail to the office of the secretary of the department.
Note: For personal delivery, the office of secretary is located at 201 East Washington Avenue, Madison, Wisconsin 53703. For certified mail, the mailing address of the office of secretary is P.O. Box 7946, Madison, Wisconsin 53707.
(2) Within 10 days of receipt of a request
for a hearing, the department shall designate a hearing officer to preside over
the hearing. The hearing officer shall give reasonable notice of the hearing by
registered mail, return receipt requested, to the department and the person
requesting the hearing. The notice shall include all of the following:
(a) A reasonable time and place of
hearing.
(b) A statement of the
provisions of this chapter or ss.
103.90 to
103.97, Stats., that are the
basis of the action to be contested at the hearing.
(3) The procedures under ch. 227, Stats.,
shall apply to the disposition of the request for hearing, except that all of
the following apply:
(a) The hearing officer
shall receive, and make part of the record, documentary evidence offered by any
party and accepted at the hearing. Copies thereof shall be made available by
the party submitting the documentary evidence to any party to the hearing upon
request.
(b) Technical rules of
evidence shall not apply to hearings conducted pursuant to this section, but
rules or principles designed to assure production of the most credible evidence
available and to subject testimony to test by cross-examination shall be
applied, where reasonably necessary, by the hearing officer conducting the
hearing. The hearing officer may exclude irrelevant, immaterial, or unduly
repetitious evidence.
(c) The
hearing officer shall issue a written decision within 30 days of the close of
the hearing record. The hearing officer's decision constitutes final agency
action.
Notes
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