Wis. Admin. Code Department of Employee Trust Funds ETF 11.05

Current through October 28, 2024

Section ETF 11.05 - Discovery

There is no right to take and preserve evidence prior to the hearing, except as provided in this section.

(1) No party to an appeal shall have access to individual personal information in the records of the department except as expressly authorized under s. 40.07, Stats., and this section.

(2) In an appeal of the denial of an application for a disability annuity or duty disability benefits under s. 40.63(5) or (9) (d) or 40.65(2) (b) 3, Stats., the department may provide the hearing examiner, employer, participant and any other party to the appeal with copies of any physician certifications under s. 40.63(1) (d) or 40.65(2) (b) 2, Stats., received in connection with the application.

(3) The department may disclose to the board's hearing examiner individual personal information it deems both relevant to the appeal and required to be disclosed for the proper administration of a benefit program under ch. 40, Stats. Any information disclosed by the department under this subsection shall also be provided to the parties to the appeal. A person receiving information under this subsection shall maintain the confidentiality of the information.

(4) A party to the appeal may request that the hearing examiner review individual personal information in the records of the department in camera. If the hearing examiner determines that the information is relevant to the appeal and disclosure is required to assure proper administration of a benefit program under ch. 40, Stats., the examiner may order the department to disclose the information as provided in sub. (3).

(5) Testimony may be taken and preserved of a witness:

(a) Who is beyond the reach of the subpoena of the agency, any other party, or the hearing examiner;

(b) Who is about to go out of the state, not intending to return in time for the hearing;

(c) Who is so sick, infirm or aged as to make it probable that the witness will not be able to attend the hearing; or,

(d) Who is a member of the legislature, if any committee of the legislature or the house of which the witness is a member is in session, provided the witness waives his or her privilege.

Note: See s. 227.45(7), Stats.

(6) A party may make a request for admissions as provided in s. 804.11, Stats.

(7) By advance written agreement between all parties, the oral or written deposition of a witness, as described by ss. 804.05 and 804.06, Stats., may be taken and used at the hearing in its entirety, so far as it is admissible under this chapter, as if the witness were then present and testifying.

Wis. Admin. Code Department of Employee Trust Funds ETF 11.05

Cr. Register, June, 1992, No. 438, eff. 7-1-92; CR 11-040: am. (2), (5) (a) Register July 2012 No. 679, eff. 8-1-12; CR 11-044: am. (4), (7) Register July 2012 No. 679, eff. 8-1-12.