Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.01 - Hearings and appeals

Current through June 24, 2024
(1) APPEAL RIGHTS. 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 appellant or its representative. An appeal is filed with an
				appeal tribunal when it is submitted to a hearing office or public employment
				office in an agent state under sub. (2) (b). Each determination issued under s.
				108.09,
				108.095
				or
				108.10,
				Stats., shall specify the time limit within which any appeal is required to be
				filed under ch. 108, Stats.
(2)
				TIME LIMIT AND METHOD FOR FILING.
(a) An
				appeal shall be filed after a copy of the determination is electronically
				delivered, mailed or given to a party, whichever first occurs, as specified
				under s.
				108.09,
				108.095
				or
				108.10,
				Stats. If a party first receives a determination after the statutory appeal
				period has expired and through no fault of that party, the statutory appeal
				period as specified under s.
				108.09,
				108.095
				or
				108.10,
				Stats., shall extend from the date the party receives the determination. An
				appeal received within these time limits is timely filed. If the deadline for
				filing an appeal falls on a Saturday, Sunday, any of the holidays enumerated
				under ss.
				230.35(4)
				(a) and
				995.20, Stats., or
				any other day on which mail is not delivered by the United States postal
				service, then the deadline shall be extended to include the next business
				day.
(b) An appeal shall be filed
				with any of the following:
2. A hearing
				office.
4. An appeal by an
				interstate claimant may be filed at a public employment office in the agent
				state under s.
				108.14(8),
				Stats., in the manner prescribed for timely filing with the department under
				this section.
(c) An
				appeal shall be considered filed on the earliest of the following dates:
1. The date a hearing office actually
				receives the written appeal.
2. If
				the appeal was mailed and bears only a United States postal service postmark,
				on the date of that postmark.
3. If
				the appeal was mailed and bears both a United States postal service postmark
				and a private meter mark, on the date of the United States postal service
				postmark.
4. If the appeal was
				mailed and bears only a private meter mark, on the date of the of the private
				meter mark.
5. If the appeal was
				mailed and bears no United States postal service postmark, no private meter
				mark, or an illegible mark, 2 business days before the date the appeal was
				actually received by a hearing office.
6. If the appeal was sent using a delivery
				service other than the United States postal service, on the date a hearing
				office actually receives the appeal.
7. If the appeal was filed by facsimile
				transmission, the date the facsimile is actually received by a hearing office
				is presumed to be the date of transmission.
8. The date the department receives an
				electronically-filed appeal.