Wis. Admin. Code Department of Workforce Development DWD 295.23 - Hearings for deregistration
(1) 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 such hearing by registered mail, return receipt requested, to the
appropriate sponsor. 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 pursuant to which the hearing is to be
held.
(c) A concise statement of
the matters pursuant to which the action forming the basis of the hearing is
proposed to be taken.
(2) The procedures contained in ch. 227,
Stats., shall apply to the disposition of the request for hearing except that:
(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 chapter, 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 90 days of the close of the hearing
record. The hearing officer's decision constitutes final agency action unless,
within 20 days from the date of the decision, a party dissatisfied with the
decision files a petition for rehearing with the department, specifically
identifying the procedure, fact, law or policy to which exception is taken. Any
exception not specifically noted is deemed to have been waived. A copy of the
petition for rehearing shall be sent to the opposing party at the same time.
Thereafter, the decision of the hearing officer remains final agency action
unless the hearing officer, within 30 days of the filing of the petition for
rehearing, notifies the parties that it has accepted the case for rehearing.
The hearing officer may set a briefing schedule or decide the matter on the
record. The hearing officer shall decide any case that the hearing officer
accepts for review within 180 days of the close of the record. If not so
decided, the hearing officer's previous decision constitutes final agency
action.
Notes
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