Wisconsin Administrative Code › Labor and Industry Review Commission › Chapter LIRC 1 - Labor And Industry Review Commission Procedure › Section LIRC 1.071 - Record used for review

Current through June 24, 2024
Review by the commission shall be based on the record of the
				case including the evidence previously submitted at hearing before the
				department or division of hearings and appeals. The record of the hearing may
				be in the form of a written synopsis or a transcript, and may include an audio
				recording of the hearing. The form of the record of the hearing which the
				commission uses in its review shall be determined as follows:
(1) Except as provided in subs. (2) through
			 (5), the commission shall base its review on a written synopsis of the
			 testimony taken at the hearing. The synopsis shall be prepared by the
			 department, the division of hearings and appeals, the commission, or an outside
			 contractor, from an audio recording of the hearing or from notes taken at the
			 hearing by the administrative law judge. In those cases any party may obtain a
			 copy of the synopsis as provided for in s. LIRC 1.08.
(2) The commission shall base its review on a
			 transcript of the hearing rather than a synopsis if a transcript was prepared
			 and was used by the administrative law judge in deciding the case. In those
			 cases any party may obtain a copy of the transcript as provided for in s. LIRC
			 1.08.
(3) Except in unemployment
			 insurance cases and worker classification compliance cases, the commission
			 shall base its review on a transcript of the hearing rather than a synopsis if
			 a party timely requests the commission in writing to conduct its review on the
			 basis of a transcript, the party certifies in such request that it has ordered
			 preparation of a transcript at the party's own expense, and the party
			 thereafter files a copy of the transcript with the commission and serves a copy
			 of the transcript on all other parties. To be timely under this subsection, a
			 request must be made no later than 14 days after the requesting party's receipt
			 from the commission of written confirmation that a petition for commission
			 review has been filed.
(4) The
			 commission shall base its review on a transcript of the hearing rather than a
			 synopsis if a party shows to the commission that the synopsis is not
			 sufficiently complete and accurate to fairly reflect the relevant and material
			 testimony and other evidence taken. In those cases the commission shall direct
			 the preparation of a transcript at its own expense and provide a copy of the
			 transcript to each party without charge.
(5) On its own motion, the commission may
			 base its review on a transcript of the hearing in addition to a synopsis. In
			 those cases the commission shall direct the preparation of a transcript at its
			 own expense and provide a copy of the transcript to each party without
			 charge.
(6) A transcript used
			 pursuant to subs. (2) to (5) shall be prepared by an independent court reporter
			 or transcriptionist and shall include a certification by the court reporter or
			 transcriptionist that the transcript is an original, verbatim transcript of the
			 proceedings.
(7) On its own motion,
			 the commission may base its review on an audio recording of the hearing in
			 addition to a synopsis or transcript.