Section DWD 113.02 - Settlement(1) Under s. 108.10(8), Stats., the department may settle in whole or in part: (a) Any determination that has been appealed, has not become final and has been referred from the bureau of tax and accounting to the bureau of legal affairs.(b) Any decision or action that has not become final.(2) Settlement shall be based upon advice of the bureau of legal affairs, who shall certify that, after having fully investigated the matter, it is the opinion of the bureau of legal affairs that one or more of the following conditions exists:(a) The department has made an error of law or fact which, if corrected, would negate or change the determination issued in the case.(b) Given the available evidence, there is significant doubt that the department will prevail in the dispute on specific issues and there is little or no likelihood of producing sufficient additional evidence in favor of the department regarding the issues before or at a hearing under s. 108.10(2), Stats.(c) Before a hearing under s. 108.10(2), Stats., the department has discovered additional relevant and material evidence that would negate or change the determination in the case.(d) Given the evidence in the record or the nature of a decision at a lower level, or both, there is significant doubt that the department will prevail on appeal on one or more specific issues.(e) All or part of any interest liability was incurred as a result of undue delay on the part of the department such that there is valid reason to cancel that liability.(f) There are valid legal defenses of estoppel or laches against the department as to all or part of the determination.(3) A settlement may be implemented by any of the following methods: (a) Under s. 108.10(1), Stats., the department may amend any determination affected by the settlement before a hearing on the determination.(b) Under s. 108.10(1), Stats., the department may set aside the applicable determination before a hearing on the determination and issue a new determination as necessary to reflect the terms of the settlement.(c) The department and the appellant may enter into a written stipulation which sets forth the terms of the settlement. The stipulation is subject to the requirements of s. DWD 140.12(1).(d) The appellant may withdraw all or part of the appeal of the determination.Wis. Admin. Code Department of Workforce Development § DWD 113.02
Cr. Register, February, 1994, No. 458, eff. 3-1-94.Amended by, CR 18-033: am. (1) (a), (b), (2) (intro.), (a) to (d), (f), (3) Register May 2019 No. 761, eff. 6/1/2019