reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 92 - Filing Appeals › Section ERC 92.01 - Time limits and address for filing appeals

Current through June 24, 2024
All appeals shall be filed according to the appropriate time
				  limits established by statute or rule and shall be filed at the office of the
				  commission. The time limit for filing any appeals with the commission pursuant
				  to s. 230.45(1) (d), Stats., shall be 30 days after the effective date of the
				  action, or 30 days after the appellant is notified of the action, whichever is
				  later.
Note: The mailing address of the commission is:
Wisconsin Employment Relations Commission
2418 Crossroads Dr., Suite 1000
Madison, WI 53718-7896
According to s. 230.44(3), Stats., appeals filed under s.
				  230.45(1) (a), Stats., "may not be heard unless the appeal is filed within 30
				  days after the effective date of the action, or within 30 days after the
				  appellant is notified of the action, whichever is later..."
Decisions grieved to the commission as the final step
				  arbiter under s. 230.45(1) (c), Stats., must, according to s.  ER 46.07(2),
				  "be filed within 30 calendar days after service of a decision issued at the
				  third step of the grievance procedure... or within 30 calendar days after the
				  last day on which the employer could have served a timely decision, whichever
				  is sooner."
Appeals filed under s. 230.45(1) (d), Stats., of denials of
				  claims for leave with pay due to hazardous duty injury must, according to s.  ER 28.06, be filed "within 30 calendar days after being notified of such decision
				  or within 30 calendar days from the effective date of the decision, whichever
				  is later."
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 92 - Filing Appeals › Section ERC 92.02 - Fees for filing appeals

Current through June 24, 2024
(1) Notwithstanding s.
						230.44(3),
						Stats., and s.
						ERC
						92.01, payment of a fee or filing of a hardship
						affidavit in lieu of fee payment is required for appeals subject to the fee
						payment of s. 230.45(3),
						Stats.
Note
Appeals subject to the fee payment of s.
							230.45(3),
							Stats., include appeals filed under:
1) s.
						230.44(1) (a),
						Stats. (relating to personnel decisions made or delegated by the administrator
						of the Division of Merit Recruitment and Selection),
2) s.
						230.44(1) (b),
						Stats. (relating to personnel decisions made or delegated by the Director of
						the Office of State Employment Relations - including classification
						decisions),
3) s.
						230.45(1) (c),
						Stats. (relating to final step arbitration under s.
						230.04(14),
						Stats.), or
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 92 - Filing Appeals › Section ERC 92.03 - Appeals

Current through June 24, 2024
(1) FORM AND CONTENT. All appeals shall be in
						writing. Otherwise, there is no form that is to be used for filing an appeal.
						Appeals are not required to conform to any technical requirements except they
						shall identify the appellant. However, appeals should also contain the
						following:
(a) The appellant's address and
						telephone numbers at work and at home.
(b) The name of the state agency that took
						the personnel action being appealed.
(c) The facts forming the basis for the
						appeal.
(d) The reason the
						appellant believes the action to be improper.
(e) The relief or remedy requested.
(f) A copy of any written decision being
						appealed.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 93 - Prehearing Practice and Discovery › Section ERC 93.01 - Prehearing conferences

Current through June 24, 2024
(1) PURPOSE. Prehearing conferences are
						intended to provide an opportunity to formulate a statement of the issue or
						issues presented by a case, to identify potential witnesses, to attempt to
						reconcile differences among the parties and promote the settlement of cases and
						to perform any other functions in aid of the disposition of the case.
(2) HOW CONDUCTED. Prehearing conferences may
						be conducted by telephone conference call or in person. A commissioner or
						member of the commission's staff shall preside.
(3) REPORTS. The person presiding at the
						conference shall prepare a memorandum or report that summarizes the results of
						the conference. Copies of the report shall be served on all parties.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 93 - Prehearing Practice and Discovery › Section ERC 93.02 - Exchange of documents and witness lists prior to hearing

Current through June 24, 2024
With the exception of rebuttal matter, names of witnesses and
							copies of exhibits shall be filed and served at least 3 working days before the
							commencement of the hearing. For the purpose of this section only, service is
							complete on receipt rather than on mailing. If no good cause is shown for the
							failure to comply with this section, the hearing examiner or commission may
							exclude the evidence after consideration of the following factors:
(1) The prejudice or surprise experienced by
						the party against whom the evidence is being offered;
(2) The ability of that party to cure any
						prejudice;
(3) The extent to which
						waiver of the requirement would disrupt the orderly and efficient hearing of
						the case;
(4) Bad faith or
						willfulness in failing to comply with the requirements; and
(5) Other factors relevant to the
						determination.
For example, compliance with the "3 working days"
								requirement in s.
							  ERC 93.02  (intro.) means that the commission and the
								opposing party must each receive a party's witness list and copies of exhibits
								no later than 4:30 p.m. on the Wednesday preceding a Monday hearing, where
								neither that Wednesday, nor the intervening Thursday or Friday is a legal
								holiday listed in s. 230.35(4) (a),
								Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 93 - Prehearing Practice and Discovery › Section ERC 93.03 - Discovery

Current through June 24, 2024
All parties to a case before the commission may obtain
							discovery and preserve testimony as provided by ch. 804, Stats. For good cause,
							the commission or the hearing examiner may allow a shorter or longer time for
							discovery or for preserving testimony than is allowed by ch. 804, Stats. For
							good cause, the commission or the hearing examiner may issue orders to protect
							persons or parties from annoyance, embarrassment, oppression or undue burden or
							expense, or to compel discovery.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 93 - Prehearing Practice and Discovery › Section ERC 93.05 - Attendance of witnesses

Current through June 24, 2024
(1) REQUESTS TO APPEAR. At the request of any
						party or on its own motion, a commissioner or the hearing examiner may issue
						letters to state employees requiring them to appear and to testify at a hearing
						unless it is determined that their testimony will be irrelevant, immaterial or
						unduly repetitious. The commission shall mail the letters to the prospective
						witness unless the party requesting the letter asks to be responsible for
						personally serving the letters.
(2)
						SUBPOENAS.
(a)
Issuance.
Subpoenas, including subpoenas to compel the attendance of witnesses and
						subpoenas requiring the production of material, may be issued by a commissioner
						or the hearing examiner at the request of a party or on the commission's own
						motion, or may be issued by an attorney of record in a commission proceeding in
						the same manner as provided in s.
						805.07, Stats. The commissioner
						or hearing examiner may review the reasonableness of any request before issuing
						a subpoena.
(b)
Service.
The party issuing or requesting a subpoena is
						responsible for service of the subpoena and for any costs related to
						service.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 94 - Hearings, Decisions and Review › Section ERC 94.01 - Hearing examiners

Current through June 24, 2024
(1) DESIGNATION. Any matter to be heard by
						the commission may be designated for hearing by one or more commissioners or by
						such other persons as may be permitted by statute. Hearing examiners shall have
						all powers necessary to conduct commission hearings. When a hearing is
						conducted before the commission itself, the hearing shall be presided over by
						the chairperson or, in the chairperson's absence, by another commissioner
						designated by the commission.
(2)
						LIMITATION AGAINST FINAL DISPOSITION. Notwithstanding sub. (1), no hearing
						examiner shall decide any motion which would require final disposition of any
						case except when the commission has by order directed that the hearing
						examiner's decision shall be the final decision of the commission.
(3) DISQUALIFICATION. If a presiding
						authority is unqualified to preside for reasons of conflict of interest or
						personal bias, the presiding authority shall withdraw and notify the commission
						and the parties of the disqualification.
(4) MOTIONS FOR SUBSTITUTION OR
						DISQUALIFICATION OF PERSONS CONDUCTING HEARINGS. If a party deems the presiding
						authority to be unqualified for reasons of conflict of interest or bias, the
						party may move in a timely manner for substitution of a different examiner or
						disqualification of the commissioner. The motion shall be accompanied by a
						written statement setting forth the basis for the motion. If a hearing examiner
						does not grant a motion for substitution, it shall be referred to the
						commission, which shall determine the sufficiency of the ground
						alleged.
(5) UNAVAILABILITY. If the
						presiding authority becomes unavailable during the course of a hearing, the
						commission shall designate a substitute. The substitute may confer with the
						original presiding authority regarding the case.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 94 - Hearings, Decisions and Review › Section ERC 94.02 - Continuances

Current through June 24, 2024
(1) REQUIREMENTS. Prior to requesting a
						continuance of a hearing date, a party shall seek agreement for a continuance
						from all other parties to the case. In making the request to the hearing
						examiner or a commissioner, the party seeking the continuance shall advise the
						hearing examiner or commissioner if agreement between the parties has been
						reached. Requests for continuances of a hearing date shall only be granted upon
						a showing of good cause and after consideration of any hardship on the other
						parties. In any case in which a hearing examiner has been designated, the
						request shall be directed to the hearing examiner, if available. The hearing
						examiner or commissioner may require presentation of evidence before
						considering the request.
(2)
						NOTIFICATION OF WITNESSES. Each party is responsible for advising the party's
						own witnesses of any continuance.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 94 - Hearings, Decisions and Review › Section ERC 94.03 - Conduct of hearings

Current through June 24, 2024
(1) GENERALLY. The commission is not bound by
						the strict rules of procedure and the customary practices of courts of
						law.
(2) OPEN TO THE PUBLIC. Except
						where requested by an appellant pursuant to s.
						230.44(4) (a),
						Stats., or to the extent necessary to protect the confidentiality of materials
						or testimony as provided by law, all hearings conducted by the commission shall
						be open to the public.
(3) OPENING
						STATEMENTS. Opening statements are optional and shall be confined to a brief
						summary of the nature of the case, the evidence intended to be offered, and the
						controlling legal authorities.
(4)
						ORDER OF PROCEEDING. The petitioner shall present evidence first unless the
						case falls into a category in which the commission, the judiciary, or the
						legislature through statutory enactment has determined that the burden of proof
						shall be on the respondent. In such cases, the respondent shall proceed first.
						The order of proceeding may be varied by the hearing examiner or commission in
						the interest of obtaining the most cogent presentation of the case.
Note
For example, the burden of proof in an
							appeal of a discharge decision is on the respondent.
Reinke v.
							Personnel Board
, 53 W (2d) 123, 191 NW (2d) 833 (1971).
(5) EVIDENCE. As specified in s.
						227.45, Stats., the commission
						is not bound by common law or statutory rules of evidence. All testimony having
						reasonable probative value shall be admitted, and immaterial, irrelevant or
						unduly repetitious testimony shall be excluded. The hearing examiner and the
						commission shall give effect to the rules of privilege recognized by law.
						Hearsay evidence may be admitted into the record at the discretion of the
						hearing examiner or commission and accorded such weight as the hearing examiner
						or commission deems warranted by the circumstances.
(6) TESTIMONY OF WITNESSES.
(a) Witnesses may testify either by answering
						questions posed to them or in narrative form.
(b) Cross-examination is not limited to
						matters to which the witness testified on direct examination.
(c) At the discretion of the hearing examiner
						or the commission, witnesses' testimony may be taken via telephone rather than
						in person.
(d) At the request of
						either party, the hearing examiner or the commission may order the exclusion of
						witnesses in accordance with the provisions of s.
						906.15, Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 94 - Hearings, Decisions and Review › Section ERC 94.04 - Proposed decisions and orders

Current through June 24, 2024
For those cases in which a proposed decision and order is
							required pursuant to s.
							227.46(2),
							Stats., a copy of the proposed decision and order prepared by the hearing
							examiner shall be served on the parties and shall prescribe reasonable periods
							for the parties to file any motions for fees and costs, written objections to
							the proposed decision and order, and any request for oral
							arguments.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 94 - Hearings, Decisions and Review › Section ERC 94.05 - Motions for fees and costs

Current through June 24, 2024
(1) GENERALLY. Each
						party seeking an award of fees, costs or both shall file a motion and all of
						the following supporting documentation:
(a)
						The number of hours for which compensation is sought, itemized according to the
						work that was performed, the date it was performed, the hours claimed for the
						work and the individual who performed the work;
(b) The hourly rate customarily charged by
						each individual for whom compensation is sought;
(c) Other factors that affect the computation
						of fees or costs, as determined by the judiciary and by decisions of the
						commission;
(d) Documentation of
						costs for which the party seeks reimbursement.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 94 - Hearings, Decisions and Review › Section ERC 94.06 - Written objections and oral arguments

Current through June 24, 2024
(1) WRITTEN
						OBJECTIONS. When a party adversely affected by a proposed decision files
						written objections, the opposing parties shall be provided a period of 10 days
						to file a written response to the objections unless the hearing examiner or the
						commission concludes that some other period is more appropriate.
(2) ORAL ARGUMENTS. A request for oral
						argument may be granted if the commission determines, in its discretion, that
						an issue or question is better addressed by oral argument rather than written
						argument.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 94 - Hearings, Decisions and Review › Section ERC 94.07 - Computation of interest

Current through June 24, 2024
Any interest that may be awarded on a back pay award made by
							the commission shall be added to the award and computed at the annual rate
							specified in s. 814.04(4),
							Stats., simple interest. Interest shall be computed by calendar quarter.
							Interest shall begin to accrue on the last day of each calendar quarter, or
							portion thereof, in the back pay period on the net amount of back pay
							attributable to that calendar quarter, or portion thereof, after any set-offs,
							and shall continue to accrue until the date of compliance with the back pay
							order.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 94 - Hearings, Decisions and Review › Section ERC 94.08 - Time limit for decisions

Current through June 24, 2024
The 90 day period established in s.
							230.44(4) (f),
							Stats., for the issuance of certain decisions shall commence on the last date
							for filing objections to the proposed decision and order under s.
							227.46, Stats., or the date for
							the last written or oral argument, whichever is later.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 94 - Hearings, Decisions and Review › Section ERC 94.10 - Determinations of parties for purposes of judicial review

Current through June 24, 2024
The hearing examiner or the commission shall prepare a list
							of persons who are considered parties by the hearing examiner or the commission
							for purposes of judicial review as required by s.
							227.47, Stats. The list shall be
							found at the end of every final decision issued by the commission and shall be
							based upon the following criteria:
(1)
						The nature of the case;
(2) The
						persons affected by the decision and the degree of that impact;
(3) The nature of the participation by those
						involved in the case, including attendance at hearings, cross-examination of
						witnesses, and submission of briefs.
The list of parties is not necessarily coextensive with
								the definition of "party" found in s.
								ERC
								91.02(13).
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 95 - Arbitration Option for Classification Appeals › Section ERC 95.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Arbitration hearing'' means an informal
						administrative hearing conducted pursuant to this chapter.
(2) "Arbitrator'' means the individual
						designated by the commission to preside at an arbitration hearing.
(3) "Classification appeal'' means an appeal
						arising from decisions made under s.
						230.09(2) (a) or
						(d), Stats.
(4) "Contested case hearing'' means a formal
						administrative hearing conducted pursuant to chs.
						ERC
						93 and
						94.
Appeals involving classification decisions such as
								allocation, reallocation or reclassification are included as classification
								appeals filed under s.
								230.09(2) (a) or
								(d),
								Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 95 - Arbitration Option for Classification Appeals › Section ERC 95.02 - Procedure followed prior to arbitration hearing

Current through June 24, 2024
(1) ELECTION TO
						PROCEED BY ARBITRATION.
(a) An appellant in a
						classification appeal may elect to proceed by arbitration hearing rather than
						by contested case hearing. Except as permitted in par. (b), an appeal shall
						proceed by contested case hearing if the appellant fails to make an election at
						the prehearing conference and fails to make an election by any later date set
						by the commission.
(b) A decision
						to proceed by arbitration hearing or by contested case hearing made under par.
						(a), can be changed only upon agreement of the parties and with approval of the
						arbitrator.
(c) Where consolidation
						of more than one classification appeal is requested by any party or the
						commission, such request shall be granted unless appellants disagree on whether
						to proceed by arbitration hearing or by contested case hearing, or unless the
						commission determines that the requested consolidation is undesirable for other
						reasons.
Note
This provision clarifies that all
							appellants must agree to proceed in the same manner (for example, all agree to
							proceed by arbitration, or all agree to proceed by formal hearing) as a
							prerequisite to consolidation.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 95 - Arbitration Option for Classification Appeals › Section ERC 95.03 - Arbitration hearings

Current through June 24, 2024
(1) RECORD OF ARBITRATION HEARING. Each party
						shall have an opportunity to request that any document filed and served under
						s.
						ERC
						95.02(2), be considered by the
						arbitrator in reaching the decision. The requested documents shall be marked by
						the arbitrator as exhibits and shall be made part of the commission's file.
						Parties shall have an opportunity to ask questions of every witness.
(2) EXCLUSION OF WITNESSES AT ARBITRATION
						HEARING. At the request of either party and for the purpose of keeping witness
						testimony untainted by the testimony of prior witnesses, the arbitrator may
						order the exclusion of witnesses.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 95 - Arbitration Option for Classification Appeals › Section ERC 95.04 - Decision and judicial review

Current through June 24, 2024
(1) THE
						ARBITRATOR'S DECISION. The arbitrator shall render a decision orally at the
						conclusion of the arbitration hearing affirming, modifying or rejecting
						respondent's action. The arbitrator shall promptly file the decision with the
						commission.
(2) COMMISSION REVIEW
						OF THE ARBITRATOR'S DECISION. The commission shall issue a final decision which
						adopts the arbitrator's decision.
(3) COURT REVIEW. The decision of the
						commission is subject to limited court review under ss.
						227.53 to
						227.57, Stats.
Wisconsin Administrative Code › Employment Relations Commission › ERC 90 - Civil Service Appeals › Chapter ERC 95 - Arbitration Option for Classification Appeals › Section ERC 95.05 - Additional provisions incorporated by reference

Current through June 24, 2024
The provisions set forth in chs.
							ERC
							93 and
							94, are applicable to arbitration
							hearings, except as noted in the following subsections:
(1) The arbitrator has the discretion to
						determine if the following provisions of ch. ERC 94, shall apply to an
						arbitration hearing:
(a) Section
						ERC
						94.03(3) relating to opening
						statements.
(b) Section
						ERC
						94.03(4) relating to the order of
						proceeding.
(c) Section
						ERC 94.03(6)
						(b) relating to the scope of cross
						examination.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.04 - Debt retirement; treatment of contributions received and accepted after election (Repealed)

Current through June 24, 2024
This section has been reviewed pursuant to 2015 Wisconsin Act
							117, Section 79 (1), and determined to be inconsistent with Act 117 and,
							therefore, unenforceable.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.20 - Treatment and reporting of in-kind contributions

Current through June 24, 2024
(1) In this section:
(a) "Actual value" means the fair market
			 value.
(b) "Authorized person"
			 means a candidate, treasurer, agent, other person whom a candidate designates,
			 or a person whom any other registrant designates to authorize a proposed
			 in-kind contribution.
(c)
			 "Contributor" means any individual or registrant who proposes to make an
			 in-kind contribution.
(d) "Date of
			 contribution" means the time as of which the benefit, of the thing of value
			 given or of the service performed, is conferred upon the candidate's campaign
			 or upon the registrant.
(e)
			 "In-kind contribution" means a disbursement by a contributor to procure a thing
			 of value or service for the benefit of a registrant who authorized the
			 disbursement.
(f) "Registrant" has
			 the same meaning as provided in s. 11.0101(6) and (7), Stats.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.25 - Loan treatment respecting limitations

Current through June 24, 2024
A loan when made by any person or committee, except a loan of
				money by a commercial lending institution made by the institution in accordance
				with applicable banking laws and regulations in the ordinary course of
				business, shall be reported as a contribution or disbursement, and also as an
				incurred obligation by the debtor. When such a loan is received by a
				registrant, it is counted within the contribution limitation of the creditor
				while outstanding, but is not counted within the limitation after repayment.
				The amount or value of any such outstanding loans and any other contributions
				or disbursements shall at no time exceed any limitation specified in ss.
				11.1101, 11.1103, 11.1104, and 11.1105, Stats.
Section
							11.31, Stats., was repealed by
							2015 Wis. Act 117.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.26 - Return of contribution

Current through June 24, 2024
(1) This rule is promulgated to clarify the
			 treatment and reporting of returned contributions.
(2) The return of a contribution is not a
			 disbursement and it is not a contribution subject to the limitations on
			 contributions in ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats.
(5) Any registrant and candidate who returns
			 a contribution that is not deposited into the campaign depository within 10
			 days of receipt is not required to report the returned, unaccepted contribution
			 on a campaign finance report.
(6) A
			 registrant who receives a return of contribution shall report it on the
			 campaign finance report and shall designate this as "return of
			 contribution."
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.32 - Contribution of partnership funds

Current through June 24, 2024
(1) As used in this
					rule, "partnership" includes all associations organized for profit and all
					other partnerships.
(a) A contribution in the
					name of a partnership shall be treated as an individual contribution from each
					partner in relation to each partner's interest in the partnership profits or
					losses unless the partners agree to apportion the contribution
					otherwise.
(b) When a contribution
					is made in the name of a partnership, the registrant must obtain the
					information as to each partner's share thereof within 30 days after receiving
					the contribution or return the contribution.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.33 - Retirement of campaign debts incurred to business creditors

Current through June 24, 2024
(1) As used in this
					section "an obligation incurred by a registrant to a business creditor" means
					an obligation incurred by the registrant for goods or services.
(2) An obligation incurred by a registrant to
					a business creditor will be treated as a contribution of the creditor if any
					part of the obligation is outstanding for a period longer than that consistent
					with normal business or trade practice, or if the obligation is settled for
					less than the outstanding debt, unless a showing is made to the registrant's
					filing officer that the creditor has treated the obligation in a commercially
					reasonable manner. Such a showing must include at least the following:
(a) The initial extension of credit on which
					the obligation was incurred was made in the ordinary course of business with
					terms substantially similar to those granted to non-political debtors of
					similar credit risk; and
(b) The
					creditor has made all reasonable efforts to retire the debt, including pursuit
					of all remedies which would normally be employed by the creditor in pursuit of
					a non-political debtor. "Reasonable efforts to retire the debt" include
					lawsuits, if filed in similar circumstances.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.385 - Return of contributions to contributors by candidates when candidates file nomination papers for offices that have lower contribution limits than the limits that applied at the time of the contributions

Current through June 24, 2024
A candidate shall be subject to the contribution limits that
						apply to the candidate at the time of the primary election at which the
						candidate's name appears on the ballot. If a candidate for any office has
						unspent contributions in his or her campaign depository at the time of filing
						nomination papers that were lawful at the time of receipt but exceeded the
						contribution limit that applies to the office for which the candidate is
						seeking nomination, the candidate shall dispose of the unspent contributions.
						The candidate shall either return the excess contribution to the contributor on
						a reasonable basis that the candidate determines or donate the excess
						contribution to either the common school fund or a charitable
						organization.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.39 - Conversion of federal campaign committee to state committee prohibited

Current through June 24, 2024
(1) As used in this
			 rule,
(a) "Federal campaign committee" means
			 the campaign committee of a candidate for federal office, which is not
			 registered with a state or local filing officer, and
(b) "State campaign committee" means the
			 candidate committee of a candidate for state or local office.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.42 - Voluntary committees; scope of voluntary oath; restrictions on voluntary committees (Repealed)

Current through June 24, 2024
This section has been reviewed pursuant to 2015 Wisconsin Act
							117, Section 79 (1), and determined to be inconsistent with Act 117 and,
							therefore, unenforceable.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.43 - Referendum-related activities by committees; candidate-related activities by groups (Repealed)

Current through June 24, 2024
This section has been reviewed pursuant to 2015 Wisconsin Act
							117, Section 79 (1), and determined to be inconsistent with Act 117 and,
							therefore, unenforceable.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.45 - Return of excess grant funds from Wisconsin election campaign fund after campaign (Repealed)

Current through June 24, 2024
This section has been reviewed pursuant to 2015 Wisconsin Act
							117, Section 79 (1), and determined to be inconsistent with Act 117 and,
							therefore, unenforceable.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.455 - Allocation of disbursements of Wisconsin election campaign fund grant and other campaign funds (Repealed)

Current through June 24, 2024
This section has been reviewed pursuant to 2015 Wisconsin Act
							117, Section 79 (1), and determined to be inconsistent with Act 117 and,
							therefore, unenforceable.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.50 - Non-candidate committees collecting on behalf of a specific candidate and the voluntary oath (Repealed)

Current through June 24, 2024
This section has been reviewed pursuant to 2015 Wisconsin Act
							117, Section 79 (1), and determined to be inconsistent with Act 117 and,
							therefore, unenforceable.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.56 - Commercial sales by political registrants

Current through June 24, 2024
(1) When a registrant receives donated items
			 for resale the proceeds from the resale transaction shall be reported in the
			 following manner:
(a) The receipt of the item
			 shall be reported in the registrant's campaign finance report as an in-kind
			 contribution and as an in-kind expenditure at the fair market value of the
			 donated item;
(b) The resale of the
			 item shall be reported in the registrant's campaign finance report as a
			 contribution from the purchaser in the amount paid by the purchaser.
(c) The registrant must make a good faith
			 effort to accurately reflect the fair market value of the item in its campaign
			 finance report.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.60 - Consulting services

Current through June 24, 2024
(1)
(a) Expenditures for consulting services made
			 by a candidate committee, political action committee, legislative campaign
			 committee, or political party on behalf of more than one candidate shall be
			 attributable to each candidate in proportion to, and shall be reported to
			 reflect, the benefit reasonably derived, except as provided in par. (c). This
			 rule shall not apply to independent expenditures made under ss. 11.0505,
			 11.0605, and 11.1001, Stats.
(b) An
			 authorized expenditure for consulting services made by a candidate, candidate
			 committee, political action committee, or political party on behalf of another
			 candidate shall be reported as an in-kind contribution to the candidate on
			 whose behalf the expenditure was made, except as provided in par.
			 (c).
(c) Exceptions to pars. (a)
			 and (b). Expenditures for rent, personnel, overhead, general administrative,
			 fund-raising, and other costs of political parties or legislative campaign
			 committees, which costs are incurred in the ordinary course of its day-to-day
			 operations, need not be attributed to individual candidates, unless these
			 expenditures are made on behalf of a clearly identified candidate and the
			 expenditure can be directly attributed to that candidate.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.655 - Identification of the source of communications paid for with money raised for political purposes (Repealed)

Current through June 24, 2024
This section has been reviewed pursuant to 2015 Wisconsin Act
							117, Section 79 (1), and determined to be inconsistent with Act 117 and,
							therefore, unenforceable.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.70 - Travel reimbursements

Current through June 24, 2024
(1) A candidate for or a person elected to a
			 state or local office does not make an in-kind contribution to another
			 candidate for a state or local office in another district when a candidate or
			 election official travels to the district of the other candidate for political
			 purposes. The candidate for or person elected to state or local office may be
			 reimbursed from his or her candidate committee and is deemed to provide
			 nonreportable volunteer services to the candidate in the other
			 district.
(2) If the candidate or
			 elected official is reimbursed by another individual, candidate committee,
			 political action committee, political party, or legislative campaign committee
			 for travel, the reimbursement is a reportable contribution to the
			 candidate.
(3) If the candidate or
			 elected official is an officer or employee of a political party or legislative
			 campaign committee who travels on committee business, the reimbursement is not
			 a reportable contribution to the candidate or elected official, but is a
			 reportable disbursement of the political party or legislative campaign
			 committee.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.85 - Conduit registration and reporting requirements

Current through June 24, 2024
A conduit shall send to each candidate or committee at the
				time funds are transferred a letter identifying itself as a conduit, the name
				and address of the transferee, and listing the name and address of each
				contributor, the date and amount of each contribution, and the occupation, if
				any, of each contributor whose cumulative contributions to the transferee for
				the calendar year are in excess of $200.
Sub. (7) has been reviewed pursuant to 2015 Wisconsin Act
							117, Section 79 (1), and determined to be inconsistent with Act 117 and,
							therefore, unenforceable.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.855 - Contributions from conduit accounts

Current through June 24, 2024
(1) No contribution may be made from a
			 conduit member's account without the conduit member's authorization which is
			 specific as to the amount of the contribution and as to the identity of the
			 candidate who is to receive the contribution. The conduit member's
			 authorization may be made in writing, or may be made orally if a
			 contemporaneous written record of the oral authorization is made by the conduit
			 administrator.
(2) A contribution
			 from a conduit account shall be in the form of a check or other negotiable
			 instrument made out to the named candidate or to the candidate committee, or to
			 a legislative campaign committee, political party, or political action
			 committee. A conduit may not make an in-kind contribution as defined in s.  ETH 1.20(1) (e).
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.95 - Contributions of individuals under the age of 18

Current through June 24, 2024
For purposes of campaign finance regulation under ch. 11,
						Stats., the contribution to a candidate for election or nomination to any of
						the offices specified in ss.
						11.1101,
						11.1103,
						11.1104, and
						11.1105, Stats., of any
						individual less than 18 years of age at the time of contribution, shall be
						treated as follows:
(1) The
					contribution of individual contributors less than 14 years of age at the time
					of the contribution shall be treated as the contribution of the contributor's
					parents or legal guardians. If the contributor has more than one parent or one
					legal guardian, the contribution shall be attributed to each parent or each
					guardian in equal shares or in such shares as the parents or the guardians
					determine by written agreement.
(2)
					The contribution of individual contributors who are 14 years of age or older at
					the time of the contribution shall be treated for all purposes of campaign
					finance regulation under ch. 11, Stats., as the contribution of the individual
					contributor.
(3) This section shall
					not affect the determination of an individual's right or authority to make
					contributions from a multi-party account at a financial institution.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 1 - Campaign Financing › Section ETH 1.96 - Attribution requirements

Current through June 24, 2024
(1) DEFINITIONS. In this section:
(b) "Legible" means each individual letter or
			 character is clearly printed so it can be easily understood.
(br) "Readable" means able to be read
			 easily.
(c) "Readily accessible"
			 means capable of being seen without much difficulty.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 6 - Procedure › Section ETH 6.02 - Registration statement sufficiency

Current through June 24, 2024
(1) Any
			 registration filed with a filing officer under ss.
			 11.0201,
			 11.0202,
			 11.0203,
			 11.0301,
			 11.0302,
			 11.0303,
			 11.0401,
			 11.0402,
			 11.0403,
			 11.0501,
			 11.0502,
			 11.0503,
			 11.0601,
			 11.0602,
			 11.0603,
			 11.0701,
			 11.0702,
			 11.0703,
			 11.0801,
			 11.0802,
			 11.0803,
			 11.0901,
			 11.0902, and
			 11.0903, Stats., which is
			 insufficient as to essential form, information or attestation shall be rejected
			 by such officer and shall be promptly returned if possible to the proposed
			 registrant indicating the nature of the insufficiency. The proposed registrant
			 shall be informed that the attempted registration is not effective.
(2) Any registration statement filed with a
			 filing officer under ss.
			 11.0201,
			 11.0202,
			 11.0203,
			 11.0301,
			 11.0302,
			 11.0303,
			 11.0401,
			 11.0402,
			 11.0403,
			 11.0501,
			 11.0502,
			 11.0503,
			 11.0601,
			 11.0602,
			 11.0603,
			 11.0701,
			 11.0702,
			 11.0703,
			 11.0801,
			 11.0802,
			 11.0803,
			 11.0901,
			 11.0902, and
			 11.0903, Stats., which is
			 insufficient or incomplete in some manner but substantially complies with law
			 shall be accepted by such officer who shall then promptly notify the registrant
			 indicating the nature of the incompletion or insufficiency. The registrant
			 shall then have 15 days from the date of such notice to rectify the problem. If
			 the incompletion or insufficiency is not rectified by the registrant within 15
			 days from the date of the notice, the registration lapses and is not
			 effective.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 6 - Procedure › Section ETH 6.03 - Assistance by ethics commission staff

Current through June 24, 2024
Pursuant to the authority and responsibility vested in the
						ethics commission by the statutes, specifically s. 19.46(2), Stats., the staff
						of the commission is authorized to provide advice to any interested person with
						respect to the proper application of ch. 11, subch. III of ch. 13, and subch.
						III of ch. 19, Stats. Such advice should not be construed as a formal opinion
						of the commission under s. 19.46(2) (c), Stats.
Section
				  5.05(6),
				  Stats., is repealed by 2007 Wis. Act
				  1.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 6 - Procedure › Section ETH 6.04 - Filing documents by facsimile (FAX) process

Current through June 24, 2024
(1) As used in this
			 rule:
(ag) "Commission" means the ethics
			 commission.
(ar) "Document" means
			 any form, statement, pleading or other writing which is required to be filed
			 with the filing officer.
(b)
			 "Facsimile process" means the electronic transmission of a duplicate copy of a
			 signed original document.
(c) "FAX"
			 has the same meaning as facsimile process.
(d) "Local filing officer" means an elections
			 official other than the commission, with whom campaign finance documents are
			 required to be filed under ch. 11, Stats.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 6 - Procedure › Section ETH 6.05 - Filing campaign finance reports in electronic format

Current through June 24, 2024
(1) Definitions: As
			 used in this rule:
(a) "Campaign period" for a
			 candidate has the same meaning as provided in s.
			 11.1103, Stats., and for any
			 other registrant begins on January 1 of an odd-numbered year and ends on
			 December 31 of the following year.
(b) "Contribution" has the same meaning as
			 provided in s. 11.0101(6),
			 Stats.
(c) "Electronic format"
			 means a computer data file created using the online system maintained by the
			 commission for campaign finance registration and reporting.
(d) "Filing officer" means the ethics
			 commission.
(e) "Registrant" has
			 the same meaning as provided in s.
			 11.0101(6) and
			 (7), Stats.
(f) "Report" means any filing required by ss.
			 11.0103,
			 11.0204,
			 11.0304,
			 11.0404,
			 11.0504,
			 11.0505,
			 11.0604,
			 11.0605,
			 11.0704,
			 11.0804,
			 11.0904, and
			 11.1001, Stats.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 15 - Statement of Economic Interests › Section ETH 15.045 - Identification of individuals and organizations

Current through June 24, 2024
(1) The identity of
					an organization under s.
					19.44(1),
					Stats., is information sufficient to enable a person to ascertain without
					extraordinary diligence the following information:
(a) The general nature of the business or
					activity in which the organization is engaged.
(b) The identity of the organization's
					directors and principal officers, if any.
(c) In the case of a partnership, the
					identity of the general partners.
(d) If the organization's business is
					primarily income producing real property, the property's location.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 15 - Statement of Economic Interests › Section ETH 15.06 - Interests held for benefit of another

Current through June 24, 2024
Economic interests held in the name of a bank, broker-dealer,
						trustee, or nominee for the account of a person are owned by the person for
						whose benefit they are held. A person owns economic interests held in the name
						of another person or entity if by reason of any contract, understanding,
						relationship, including a family relationship or arrangement, such person
						obtains therefrom benefits substantially equivalent to those of
						ownership.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 15 - Statement of Economic Interests › Section ETH 15.07 - Valuation

Current through June 24, 2024
For the purpose of determining under s.
						19.44(1),
						Stats., whether securities are valued at $5,000 or more:
(1) The value of securities listed on a stock
					exchange is the closing price on the exchange.
(2) The value of securities not listed on a
					stock exchange but traded in the over-the-counter market is the average of the
					bid and asked price.
(3) The value
					of securities for which no market information is readily available is:
(a) For common stock and equivalent
					securities, the issuer's net worth divided by the number of outstanding shares
					multiplied by the number of shares held.
(b) For preferred stock, the redemption price
					or, if not redeemable, the stated value.
(c) For debt securities, the unpaid
					balance.
Wisconsin Administrative Code › Ethics Commission › Chapter ETH 15 - Statement of Economic Interests › Section ETH 15.08 - Partnership interest

Current through June 24, 2024
A partner has a 10% or greater interest in a partnership under
						s. 19.44(1),
						Stats., if:
(1) The partner would be
					entitled to receive 10% or more of the proceeds from the partnership's
					dissolution, or
(2) During the
					partnership's accounting period covering the date for which the calculation is
					made the partner, either by prior agreement or by the partner's best estimate,
					received or will be entitled to receive 10% or more of the partnership's net
					profit or will be credited with 10% or more of the partnership's net
					loss.