Wisconsin Administrative Code

DWD 129.04 Department set aside of benefit year. (1) REQUEST TO SET ASIDE A BENEFIT YEAR. Under s. 108.06 (2) (d), Stats., a claimant may request the department to set aside a benefit year. (2) GRANTING A REQUEST TO SET ASIDE A BENEFIT YEAR. Under s. 108.06 (2) (d), Stats., the d…

DWD 129.05 Payment of benefits. (1) METHOD OF PAYMENT. The department shall pay benefits by checks mailed to the claimant[s address of record with the department, by electronic deposit to a claimant[s designated bank account, or by debit card issued by the department or its desig…

DWD 131.001 Definitions.

DWD 131.10 Pre-employment testing for the unlawful use of controlled substances.

DWD 131.30 Substance abuse treatment program.

DWD 131.40 Jobs skills assessment. DWD 131.001 Definitions. (1) Except as provided in sub. (2), the definitions in ch. DWD 100 apply to this chapter. (2) In this chapter: (a) XControlled substancesY has the meaning given under s. 108.133 (1) (ar), Stats. (c) The following informa…

DWD 132.001 Definitions.

DWD 132.01 Purpose. DWD 132.04 DWD 132.05 Note: Chapter Ind 132 as it existed on August 31, 1987 was repealed and a new chapter ILHR 132 was created effective September 1, 1987. Chapter ILHR 132 was renumbered Chapter DWD 130 under s. 13.93 (2m) (b) 1., Stats., and corrections ma…

DWD 132.04 Educational employees: reasonably similar terms and conditions. (1) SCOPE. Under s. 108.04 (17) (a) to (i), Stats., a claimant is ineligible for benefits based upon services provided to or on behalf of an educational institution for weeks of unemployment which occur be…

DWD 132.05 Misconduct: abuse of a patient of a health care facility. (1) SCOPE. (a) After an employee has been discharged by an employing unit for misconduct connected with the employee[s employment, as defined under s. 108.04 (5), Stats., the employee is not eligible to receive …

DWD 133.001 Definitions.

DWD 133.01 Purpose.

DWD 133.02 Employment relationship. DWD 133.03 DWD 133.04 DWD 133.001 Definitions. (1) Except as provided in sub. (2) and unless the context clearly indicates a different meaning, the definitions in ch. DWD 100 apply to this chapter. (2) Notwithstanding ch. DWD 100 and unless the…

DWD 133.03 Treatment of time between assignments. An employee shall be eligible for unemployment insur- 2 ance benefits while the employment relationship continues between assignments pursuant to s. DWD 133.02 (1), if the employee is otherwise qualified for those benefits.

DWD 133.04 Relationship following termination. When an employee[s employment relationship with an employer terminates, his or her application for employment with that employer shall expire. If the employee returns to work for the employer, a new written application for employment…

DWD 135.001 Definitions.

DWD 135.01 Purpose.

DWD 135.02 Waiver of recovery of overpayments. DWD 135.03 DWD 135.04 Note: Chapter ILHR 135 was created as an emergency rule effective December 7, 1990. Chapter ILHR 135 was renumbered Chapter DWD 135 under s. 13.93 (2m) (b) 1., and corrections made under s. 13.93 (2m) (b) 6. and…

DWD 135.03 Departmental notice of waiver. The department shall issue a written notice to any claimant to whom benefits have been overpaid of the claimant[s right to request a waiver of the recovery of an overpayment. History: Cr. Register, June, 1991, No. 426, eff. 7-1-91.

DWD 135.04 Application for waiver; procedure. (1) A claimant may request the department to waive the recovery of an overpayment which the department has assessed against the claimant. The claimant shall file the application for waiver on forms furnished by the department and may …

DWD 136.001 Definitions.

DWD 136.01 Purpose.

DWD 136.02 Levy to recover forfeitures. DWD 136.03 DWD 136.04 DWD 136.001 Definitions. (1) Unless the context clearly indicates a different meaning, the definitions in ch. DWD 100 apply to this chapter. (2) In this chapter: (a) XDisposable earningsY has the meaning specified in s…

DWD 136.03 Levy to recover benefit overpayments. (1) Except as provided in sub. (2), in the case of benefit overpayments, an individual is entitled to an exemption from department levy of 80% of the individual[s disposable earnings pursuant to s. 108.225 (16) (am) 1., Stats. For …

DWD 136.04 Pay periods other than weekly. In the case of earnings for a period paid other than weekly, the amount exempt from levy shall be computed so that it is equivalent to 30 times the federal minimum hourly wage for a week by using one of the following: (1) An amount equal …

DWD 140.001 Definitions. (1) IN GENERAL. Except as provided in sub. (2), the definitions in ch. DWD 100 apply to this chapter. (2) IN THIS CHAPTER. Notwithstanding ch. DWD 100, the following words and phrases have the designated meanings: (a) XAffiantY means a person who swears t…

DWD 140.01 Hearings and appeals. (1) APPEAL Any party to a determination issued under s. 108.09, 108.095 or 108.10, Stats., has the right to an appeal. An appeal as to any matter in a determination is a request for hearing and shall be filed with an appeal tribunal by the appella…

DWD 140.02 Representation of parties. Any party may appear on the party[s own behalf at any hearing under this chapter or appear with or by a representative. The representative shall be presumed to have full authority to act on behalf of the party, including the authority to file…

DWD 140.03 Notice of pending appeal. The department shall promptly notify the parties in writing of the appeal after an appeal is received. The notice may also contain any information concerning the hearing which the department considers relevant. History: Cr. Register, November,…

DWD 140.04 Failure to file a timely appeal. (1) The hearing office may schedule a hearing on the question of whether a late appeal was for a reason beyond the appellant[s control. The hearing office may also schedule a provisional hearing on any matter in the determination at the…

DWD 140.05 Withdrawal of appeal and retraction. (1) An appellant may withdraw an appeal at any time before the issuance of a decision on the merits by notifying the hearing office or by choosing not to continue to participate in a hearing. The appeal tribunal shall issue a withdr…

DWD 140.06 Notice of hearing; contents; to whom sent; issues not on notice of hearing; consolidation of issues. (1) The hearing office shall schedule a hearing at the earliest feasible time after the appeal is received. (2) The notice of hearing shall state the time and place of …

DWD 140.07 Prehearing conference. (1) After an appeal is filed, the appeal tribunal may direct the parties to appear before the appeal tribunal for a prehearing conference. In determining whether a prehearing conference is necessary, the appeal tribunal may consider any of the fo…

DWD 140.08 Postponement of hearings. (1) A party who requests a postponement of a hearing shall notify the hearing office as soon as the party becomes aware that a postponement is necessary. Unreasonable delay in requesting a postponement may be the basis for denial of the reques…

DWD 140.09 Access to hearing files; limited discovery; inspection of records. (1) PRE-HEARING STAGE. (a) The hearing office shall compile a hearing file for every case in which a request for hearing has been received which shall contain the papers, documents and departmental reco…

DWD 140.10 Subpoenas; issuance and service; modification. (1) Only the department, an appeal tribunal or a party[s attorney of record may issue a subpoena to compel the attendance of any witness or the production of any books, papers, documents or other tangible things. A party m…

DWD 140.11 Telephone and videoconference hearings. (1) The appeal tribunal may conduct hearings in whole or in part by telephone or videoconference when it is impractical for the appeal tribunal to conduct an in-person hearing, when necessary to ensure a prompt hearing or when on…

DWD 140.12 Stipulations. (1) After an appeal is filed, the parties may stipulate to relevant facts and request that the stipulation be used in lieu of a hearing. The appeal tribunal may accept the stipulation in lieu of a hearing only if all of the following occur: (a) The partie…

DWD 140.13 Parties who fail to appear; general provisions. All parties who are required to appear in person shall appear at the hearing location no later than the starting time listed on the notice of hearing. If the appellant does not appear within 10 minutes after the scheduled…

DWD 140.15 Hearing procedure; order of witnesses; public hearing and exclusion of certain persons; oral decisions. (1) All testimony shall be given under oath or affirmation. The appeal tribunal shall administer the oath or affirmation to each witness. No person who refuses to sw…

DWD 140.16 Admissibility of evidence; administrative notice. (1) Statutory and common law rules of evidence and rules of procedure applicable to courts of record are not controlling with respect to hearings. The appeal tribunal shall secure the facts in as direct and simple a man…

DWD 140.17 Form of decision. (1) The appeal tribunal may issue an oral decision at the hearing on the matters at issue but the appeal tribunal shall confirm the oral decision with a written decision. Only the written decision is appealable. (2) The written decision of the appeal …

DWD 140.18 Fees for representation of parties. No representative may charge or receive from a claimant for representation in a dispute concerning benefit eligibility or liability for overpayment of benefits, or in any administrative proceeding under ch. 108, Stats., concerning su…

DWD 140.19 Departmental assistance for persons with disabilities and hearing impairments. (1) The department may, at its own expense, provide a person to assist a person with a hearing impairment in communicating at a hearing, if the person with a hearing impairment notifies the …

DWD 140.20 Witness and interpreter fees; travel expenses. (1) The appeal tribunal may authorize reimbursement by the department to any witness subpoenaed by a party or any party who has already made reimbursement to such a witness for witness fees and travel expenses. The appeal …

DWD 140.21 Transcripts and recordings. (1) Copies of hearing transcripts may be obtained from the commission under s. LIRC 1.08. (2) Under s. 108.09 (5), Stats., if testimony at a hearing is recorded, the department may furnish a person with a copy of the hearing recording. The f…

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 …