Wis. Admin. Code Employment Relations Commission ERC 18.11 - Petition for rehearing

(1) RIGHT TO FILE; TIME TO FILE; CONTENTS. A petition for rehearing shall not be a prerequisite for appeal or review. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. The petition for rehearing shall be transmitted to the commission as set forth in s. ERC 10.06(1). A petition for rehearing is not filed until the petition has been received by the commission at its Madison office during normal business hours specified in s. ERC 10.06(1). The commission may order a rehearing on its own motion within 20 days after service of a final order. The commission is not required to conduct more than one rehearing based on a petition for rehearing filed under this subsection in any contested case.

(2) EFFECT OF PETITION. The filing of a petition for rehearing shall not suspend or delay the effective date of the commission's order, and the order shall take effect on the date established by the commission and shall continue in effect unless the petition is granted or until the order is superseded, modified, or set aside as provided by law.

(3) BASES FOR GRANTING. Rehearing shall be granted only on the basis of any of the following:

(a) Some material error of law.

(b) Some material error of fact.

(c) The discovery of new evidence sufficiently strong to reverse or modify the order, and which could not have been previously discovered by due diligence.

(4) ON WHOM SERVED. Copies of petitions for rehearing shall be served on all parties of record as set forth in s. ERC 10.07. Parties may file replies to the petition. A party filing a reply shall also serve a copy on each of the other parties, as set forth in s. ERC 10.07.

(5) DISPOSITION ALTERNATIVES. The commission may order a rehearing or enter an order with reference to the petition without a hearing, and shall dispose of the petition within 30 days after it is filed. If the commission does not enter an order disposing of the petition within the 30-day period, the petition is denied by operation of law at the end of the 30-day period.

(6) REHEARING PROCEEDINGS. Upon granting a rehearing, the commission shall set the matter for further proceedings as soon as practicable. Rehearing proceedings shall conform as nearly as may be to the proceedings in an original hearing except as the commission may otherwise direct. If in the commission's judgment, after rehearing it appears that the original decision, order or determination is in any respect unlawful or unreasonable, the commission may reverse, change, modify or suspend it accordingly. Any decision, order or determination made after such rehearing reversing, changing, modifying or suspending the original determination shall have the same force and effect as an original decision, order or determination.

Notes

Wis. Admin. Code Employment Relations Commission ERC 18.11

CR 02-037: cr. Register June 2006 No. 606, eff. 7-1-06.