Section 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.Wis. Admin. Code Department of Workforce Development DWD 295.23
CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10.Amended by, CR 14-032: am. (1) (intro.), (a), (b) Register May 2015 No. 713, eff.6/1/2015