Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.11 - Telephone and videoconference hearings

Current through June 24, 2024
(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 one or
				more of the parties would be required to travel an unreasonable distance to the
				hearing location. When 2 or more parties are involved, the evidence shall be
				presented during the same hearing unless the appeal tribunal determines that it
				is impractical to do so. A party scheduled to appear by telephone or
				videoconference may appear in person at the appeal tribunal's location. The
				appeal tribunal may postpone or adjourn a hearing initially scheduled as a
				telephone or videoconference hearing and reschedule the hearing for an
				in-person appearance if circumstances make it impractical to conduct a
				telephone or videoconference hearing.
(2) If the appellant is scheduled to testify
				by telephone or videoconference and fails to provide the hearing office with
				the appellant's telephone number or the name and telephone number of the
				appellant's representative or fails to connect to the videoconference within a
				reasonable time before the hearing and if the appeal tribunal has made
				reasonable attempts to contact the appellant, the appeal tribunal shall dismiss
				the appeal. If the respondent fails to provide the hearing office with the
				telephone number or the name and telephone number of the respondent's
				representative, or the representative fails to connect to the videoconference
				before the hearing, and if the appeal tribunal has made reasonable attempts to
				contact the respondent, the appeal tribunal shall proceed with the
				hearing.
(3) If the appellant is
				scheduled to appear by telephone or videoconference, the appeal tribunal shall,
				within 10 minutes after the starting time for the hearing, attempt to place at
				least two calls to the appellant's telephone number of record or the telephone
				number furnished to the hearing office. One of the calls shall be attempted at
				or near the end of the 10 minute period unless the appeal tribunal determines
				after reasonable efforts that the appellant cannot be reached at that number.
				If, within 10 minutes after the starting time for the hearing, neither the
				appellant nor the appellant's representative can be reached at the telephone
				number of record or the telephone number furnished to the hearing office, then
				the appeal tribunal shall dismiss the appeal.
(4) If the respondent is scheduled to appear
				by telephone or videoconference, the appeal tribunal shall proceed with the
				hearing if, within 10 minutes after the starting time for the hearing, neither
				the respondent nor the respondent's representative can be reached at the
				respondent's telephone number of record or the telephone number furnished to
				the hearing office. The appeal tribunal may refuse to allow a respondent to
				testify if the appeal tribunal is unable to reach the respondent or the
				respondent's representative and neither the respondent nor the respondent's
				representative have contacted the hearing office within 10 minutes after the
				starting time for the hearing. The respondent is considered to have failed to
				appear for the hearing if the appeal tribunal so refuses. The respondent may
				petition such a finding under s.
				108.09(6),
				Stats.
(5) All parties shall remain
				available for the hearing up to one hour after the scheduled starting time in
				the event of a delay in the prior hearings or other unforeseen circumstances.
				If the respondent cannot be contacted by telephone or connect by
				videoconference within one hour of the scheduled starting time of the hearing,
				the appeal tribunal shall proceed with the hearing if the appellant has
				appeared. If the appellant cannot be contacted within one hour of the scheduled
				starting time of the hearing, the appeal tribunal shall dismiss the
				appeal.
(6) The hearing office
				shall mark and electronically deliver or mail the potential exhibits for a
				telephone or videoconference hearing from the hearing file to all parties as
				soon as possible before the date of the telephone or videoconference hearing. A
				party may submit additional documents as potential exhibits by simultaneously
				electronically delivering or mailing those documents to the hearing office and
				copies to each party. A party may submit potential exhibits which are not
				documents in the manner designated by the hearing office to which the case is
				assigned. The appeal tribunal may refuse to consider any documents not received
				by the hearing office or each party at least 3 days before the
				hearing.