(1) ELECTION TO
PROCEED BY ARBITRATION.
(a) An appellant in a
classification appeal may elect to proceed by arbitration hearing rather than
by contested case hearing. Except as permitted in par. (b), an appeal shall
proceed by contested case hearing if the appellant fails to make an election at
the prehearing conference and fails to make an election by any later date set
by the commission.
(b) A decision
to proceed by arbitration hearing or by contested case hearing made under par.
(a), can be changed only upon agreement of the parties and with approval of the
arbitrator.
(c) Where consolidation
of more than one classification appeal is requested by any party or the
commission, such request shall be granted unless appellants disagree on whether
to proceed by arbitration hearing or by contested case hearing, or unless the
commission determines that the requested consolidation is undesirable for other
reasons.
Note: This provision clarifies that all appellants must agree
to proceed in the same manner (for example, all agree to proceed by
arbitration, or all agree to proceed by formal hearing) as a prerequisite to
consolidation.
(2) DISCLOSURE OF WITNESS LISTS AND EXHIBITS.
Each party shall file and serve on the opposing party and on the commission, a
list of witnesses and copies of exhibits. These materials shall be received by
the commission and by the opposing party at least 3 working days prior to the
arbitration hearing. The arbitrator may bar any evidence which the offering
party failed to timely disclose under this subsection.
Notes
Wis. Admin. Code Personnel Commission
PC 6.02
Cr. Register, May, 1996,
No. 485, eff. 6-1-96.
For example, compliance with the "3 working days''
requirement in s.
PC 6.02(2), means that the commission
and opposing party must each receive a party's witness list and copies of
exhibits no later than 4:30 p.m. on the Thursday preceding a Tuesday hearing,
where neither that Thursday, nor the intervening Friday or Monday, is a legal
holiday listed in s. 230.34(4) (a),
Stats.
