Wisconsin Administrative Code › Department of Workforce Development › DWD 60-75 - Vocational Rehabilitation › Chapter DWD 75 - Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services › Section DWD 75.16 - Hearing procedures

Current through June 24, 2024
(1) HEARING IS CLOSED. A hearing shall be
				closed to the public as a confidential matter unless the applicant, eligible
				individual, or their representative files a motion to open the hearing within 5
				working days in advance of the scheduled hearing.
(2) HEARING NOT A COURT. The hearing officer
				is not bound by the rules of evidence and customary procedures of a court of
				law. However, the hearing officer shall adhere to the hearing procedures in
				this section unless there is good cause and shall document, on the record of
				the hearing, the reasons for deviation from any procedure required under this
				chapter.
(3) ATTENDANCE AT A
				HEARING. Parties and witnesses shall attend a scheduled hearing unless a motion
				has been filed with the hearing officer within 5 working days prior to a
				scheduled hearing stating reasonable cause for an individual to participate in
				the hearing, including the need for reasonable and specific disability
				accommodations, by a live, real time electronic means as an alternative to
				appearing in person. The hearing officer may grant the request if the other
				party has no objection.
(4)
				TESTIMONY BY WITNESSES. Witnesses may testify in person by answering questions
				posed to them, in narrative form, or by deposition provided that the witness
				agrees in advance, as part of the deposition, to permit the recording of the
				testimony and any subsequent cross-examination and the witness understands a
				subpoena to appear may be issued by the hearing officer based on the
				information in the deposition. For reasonable and specific disability
				accommodations or to provide testimony by deposition or electronic means,
				witnesses shall file a request with the hearing officer within 5 working days
				prior to a scheduled hearing. The hearing officer may grant the request if the
				other party does not object provided that the witness agrees in advance and on
				the record to permit the recording of the witness's telephone testimony and any
				subsequent cross-examination.
(5)
				IDENTIFICATION OF WITNESSES AND EXHIBITS. Each party shall file a list of
				witnesses and submit a copy of exhibits not previously identified in the
				prehearing conference with the hearing officer and the other party within 5
				working days prior to a scheduled hearing.
(6) RECORD OF THE HEARING.
(a)
Recording.
The hearing
				officer shall record each hearing. The applicant, eligible individual, or their
				representative may obtain one free copy of the recording by contacting the
				hearing coordinator. No other recording of the hearing is permitted.
Note:
To obtain a copy of the recorded hearing,
				  contact the Hearing Coordinator, Division of Vocational Rehabilitation, P.O.
				  Box 7852, Madison, Wisconsin 53707 or telephone (800)
				  442-3477.
(b)
Transcript.
Transcripts of the hearing record may be provided
				at the expense of the requestor. However, a party who cannot, due to a
				disability, use the free copy of the recording provided in par. (a) may file a
				written request with the hearing coordinator for a copy of the record in an
				alternate format as a reasonable accommodation.
Note:
To file a written request for a transcript
				  of the hearing record, contact the Hearing Coordinator, Division of Vocational
				  Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707 or telephone (800)
				  442-3477.