Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.08 - Final disposition by hearing examiner

Current through June 24, 2024
(1) The hearing
			 examiner's findings, conclusions and order dismissing an appeal as provided in
			 this section shall be the final decision of the board.
(2) The hearing examiner shall prepare and
			 issue a dismissal, in the form and manner required by this chapter for a final
			 decision, under the following circumstances:
(a) If the examiner determines that a party
			 has defaulted, resolving the issues on appeal, or that the appellant has failed
			 to appear or pursue the appeal.
(b)
			 If the examiner determines that the appeal is wholly or partially time-barred
			 for one or more of the following reasons:
1.
			 The appeal was not filed within 90 days after the department determination
			 appealed from was sent by mail or e-mail to the person aggrieved by the
			 determination. The entire appeal shall be dismissed.
2. The issue is the classification of an
			 employee as a protective occupation participant or participating employee and
			 with respect to service rendered more than 7 years prior to the date the appeal
			 is received by the department. Any portion of the appeal not time-barred may
			 proceed. In s. 40.06(1) (e) 1., Stats., and this subdivision only, "appeal...
			 received by the department" means the request by the employee to review the
			 employer's determination, not the challenge to the department's resulting
			 determination.
3. The appeal
			 concerns a request to correct an alleged error with respect to service credits
			 or contribution, premium or benefit payments and the request was made more than
			 7 full calendar years after the date of the alleged error or beyond another
			 applicable limitation specifically provided by statute. If the alleged error is
			 the result of fraud the applicable limitation is instead 3 years from the date
			 the aggrieved person discovered the facts constituting the fraud. Any portion
			 of the appeal not time-barred may proceed.
4. The appeal involves a claim barred by s.
			 41.04(2) (c), 1979 Stats., or an applicable statute of limitation, including
			 but not limited to ss.
			 893.43 and
			 893.93(1m)
			 (a), Stats. Any portion of the appeal not
			 time-barred may proceed.
(c) The appeal is moot. When an appeal seeks
			 correction of an administrative error, and the department has acknowledged and
			 corrected the error, the appeal, or the appropriate portion of the appeal, is
			 moot. Any portion of the appeal not moot may proceed.
(d) The appellant does not have a substantial
			 interest affected by the determination made by the department.
(e) There is no material issue of fact or law
			 and under the undisputed material facts and law, the appellant is ineligible
			 for the claimed right or benefit or fails to meet all the qualifications for
			 the claimed right or benefit established by statute, administrative rule and
			 applicable contract.
(f) No issue
			 has been identified which can be resolved by the hearing examiner or board
			 under this chapter or ch. 40, Stats.
(g) There is no remaining issue to be decided
			 from the issues that are set forth in the department determination
			 letter.