Wis. Admin. Code DWD § 140.22

Current through May 28, 2024
Section DWD 140.22 - Standard affidavit form
(1) IN GENERAL.
(a) Personal knowledge is the recognition of facts through firsthand observation or experience.
(b) Information and belief is not based on firsthand observation or experience but is based on secondhand information that is sworn as true.
(c) The department's standard affidavit form for appeals under ss. 108.09, 108.095 and 108.10, Stats., is available at the department's website or by requesting a copy from the hearing office.

Note: To obtain the department's standard affidavit form, call (608) 266-8010 or visit the website https://dwd.wisconsin.gov/dwd/forms/ui/ucl-17500-e.htm.

(2) AFFIDAVIT REQUIREMENTS.
(a) An affidavit must contain all of the following information:
1. The name and address of the affiant.
2. The signature or mark of the affiant.
3. The date the statement was sworn.
4. The signature or mark of the notary public or other person authorized by law to verify sworn statements.
5. The county and state where the statement was sworn.
(b) An affidavit based upon information and belief must state the source of the information and the grounds for the belief.
(3) PROCEDURE.
(a) A party may submit an affidavit as a potential exhibit by simultaneously delivering the affidavit to the hearing office and electronically delivering or mailing a copy to each party. The appeal tribunal conducting the hearing may refuse to consider an affidavit not received by the hearing office and each party at least 3 days before the hearing.
(b) At the hearing, the appeal tribunal may accept the affidavit as evidence as provided under s. DWD 140.16.

Wis. Admin. Code Department of Workforce Development § DWD 140.22

CR 13-106: cr. Register July 2014 No. 703, eff. 8-1-14.
Amended by, CR 18-033: am. (1) (c), (3) (a), (b) Register May 2019 No. 761, eff. 6/1/2019
Amended by, correction in (1) (c) (Note) made under s. 13.92(4) (b) 6., Stats., Register March 2020 No. 771, eff. 4/1/2020