reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.05 - Withdrawal of appeal and retraction

Current through June 24, 2024
(1) An appellant
				may withdraw an appeal at any time before the issuance of a decision on the
				merits by notifying the hearing office or by choosing not to continue to
				participate in a hearing. The appeal tribunal shall issue a withdrawal decision
				after determining that an appeal has been withdrawn.
(2) An appellant may submit a request to
				retract its withdrawal and reinstate an appeal. The retraction request shall be
				in writing and state the reason for the request. The appeal tribunal may not
				grant a request to retract a withdrawal unless the request establishes good
				cause for the retraction and is received within 21 days after the withdrawal
				decision was electronically delivered or mailed to the appellant.
(3) If the hearing office receives a
				retraction request before the issuance of a withdrawal decision and the request
				establishes good cause for the retraction, the appeal tribunal shall
				acknowledge the request in writing to the appellant. If a timely retraction
				request is received by the hearing office after issuance of the withdrawal
				decision and the request establishes good cause for the retraction, the appeal
				tribunal shall issue a decision setting aside the withdrawal decision and the
				hearing office shall schedule another hearing.
(4) If the hearing office receives a
				retraction request before or after the issuance of a withdrawal decision and
				the request does not establish good cause for the retraction, the appeal
				tribunal shall deny the request in writing to the appellant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.06 - Notice of hearing; contents; to whom sent; issues not on notice of hearing; consolidation of issues

Current through June 24, 2024
(1) The hearing office shall schedule a
				hearing at the earliest feasible time after the appeal is received.
(2) The notice of hearing shall state the
				time and place of the hearing, the department's statutory authority for
				convening the hearing and the issues to be heard. The hearing office shall
				electronically deliver or mail the notice of hearing to the last-known address
				of each party not less than 6 calendar days before the hearing, unless all
				parties waive the notice requirement.
(3) The appeal tribunal may receive evidence
				and render a decision on issues not listed on the notice of hearing if all
				parties are notified at the hearing and do not object.
(4) The hearing office may consolidate, for
				hearing or decision, issues involving the same parties or issues involving more
				than one appellant or respondent and arising out of the same or similar
				circumstances.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.07 - Prehearing conference

Current through June 24, 2024
(1) After an appeal is filed, the appeal
				tribunal may direct the parties to appear before the appeal tribunal for a
				prehearing conference. In determining whether a prehearing conference is
				necessary, the appeal tribunal may consider any of the following criteria:
(a) The complexity of issues.
(b) The number of possible
				witnesses.
(c) Documentary
				evidence.
(d) The number of parties
				involved.
(e) Other facts which
				would tend to prolong the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.08 - Postponement of hearings

Current through June 24, 2024
(1) A party who
				requests a postponement of a hearing shall notify the hearing office as soon as
				the party becomes aware that a postponement is necessary. Unreasonable delay in
				requesting a postponement may be the basis for denial of the request.
(2) No postponements may be granted for the
				mere convenience of a party. All parties are expected to arrange time off from
				their everyday affairs, including management duties, work, and school, to
				attend hearings. The hearing office or the appeal tribunal scheduled to conduct
				the hearing may grant a postponement only for an exceptional reason. An
				exceptional reason may include any of the following circumstances:
(a) Serious illness of a party or a necessary
				witness.
(b) Death of an immediate
				family member of a party or a necessary witness.
(c) Weather conditions on the day of the
				hearing which make it hazardous for a party or a necessary witness to travel to
				the hearing location.
(d)
				Transportation difficulties arising suddenly which prevent a party or a
				necessary witness from traveling to the hearing location.
(e) A business meeting of a necessary witness
				which was scheduled before receipt of the hearing notice and cannot be
				rescheduled.
(f) Commitment of a
				representative which was scheduled before being retained and which cannot be
				rescheduled, if the party contacted the representative within a reasonable time
				after receipt of the hearing notice.
(g) An unavoidable delay on the day of the
				hearing which prevents the appeal tribunal from conducting the hearing as
				scheduled.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.09 - Access to hearing files; limited discovery; inspection of records

Current through June 24, 2024
(1)
				PRE-HEARING STAGE.
(a) The hearing office
				shall compile a hearing file for every case in which a request for hearing has
				been received which shall contain the papers, documents and departmental
				records relating to the issue of the hearing. Before the scheduled date of the
				hearing, a party to a hearing may inspect the hearing file and procure copies
				of file contents during regular hearing office hours at the hearing office or
				other convenient location approved by the hearing office. If requested, the
				hearing office may electronically deliver or mail copies of file contents to a
				party. The department may allow such inspection or release of file contents to
				a party's representative, union agent or legislator, as prescribed under s.
				DWD
				149.03(2).
(b) Unless the appeal tribunal orders
				otherwise, the sole means of discovery available to a party or party's
				representative before a hearing is inspection of the hearing file and
				procurement of copies of file contents. The appeal tribunal may also order a
				prehearing conference under s.
				DWD 140.07.
				The provisions of ch. 804, Stats., do not apply to hearings under ss.
				108.09,
				108.095
				and
				108.10,
				Stats.
(c) The appeal tribunal may
				deny a request to inspect the hearing file or procure copies of file contents
				on the day of the hearing if the inspection or procurement would delay or
				interfere with the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.10 - Subpoenas; issuance and service; modification

Current through June 24, 2024
(1) Only the
				department, an appeal tribunal or a party's attorney of record may issue a
				subpoena to compel the attendance of any witness or the production of any
				books, papers, documents or other tangible things. A party may request, as soon
				as possible after receipt of the hearing notice, that the appeal tribunal issue
				a subpoena. Subpoenas issued by the department or an appeal tribunal shall be
				issued on completed department forms.
(2) Subpoenas shall only be issued when
				necessary to ensure fair adjudication of the issues of the hearing. The
				department or an appeal tribunal may refuse to issue any subpoena if any of the
				following occur:
(a) The evidence sought is
				not relevant or material.
(b) The
				evidence sought is hearsay.
(c) The
				evidence sought is unduly cumulative or repetitive of other evidence to be
				presented by the party.
(d) The
				evidence requested discloses business secrets.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.12 - Stipulations

Current through June 24, 2024
(1) After an appeal is filed, the parties may
				stipulate to relevant facts and request that the stipulation be used in lieu of
				a hearing. The appeal tribunal may accept the stipulation in lieu of a hearing
				only if all of the following occur:
(a) The
				parties entered into the stipulation voluntarily.
(b) The stipulation contains all the relevant
				and necessary facts to resolve the issues as determined by the appeal
				tribunal.
(c) The stipulation is in
				writing and signed, or electronically executed, by the
				parties.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.13 - Parties who fail to appear; general provisions

Current through June 24, 2024
All parties who are required to appear in person shall
				  appear at the hearing location no later than the starting time listed on the
				  notice of hearing. If the appellant does not appear within 10 minutes after the
				  scheduled starting time of the hearing, the appeal tribunal shall dismiss the
				  appeal. If the respondent does not appear within 10 minutes after the scheduled
				  starting time of the hearing and the appellant is present, the appeal tribunal
				  shall commence the hearing. The provisions of s.
				  108.09(4),
				  Stats., apply when a party fails to appear at a hearing under this
				  chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.15 - Hearing procedure; order of witnesses; public hearing and exclusion of certain persons; oral decisions

Current through June 24, 2024
(1) All testimony shall be given under oath
				or affirmation. The appeal tribunal shall administer the oath or affirmation to
				each witness. No person who refuses to swear or affirm the veracity of their
				testimony may testify. Each party shall be given an opportunity to examine and
				cross-examine witnesses. The appeal tribunal may limit testimony to only those
				matters that are disputed. The appeal tribunal may not allow into the record,
				either on direct or cross-examination, redundant, irrelevant or repetitive
				testimony.
(2) The appeal tribunal
				has the responsibility to develop the facts and may call and examine any
				witness that the appeal tribunal deems necessary, determine the order that
				witnesses are called and the order of examination of each witness. The appeal
				tribunal may deny the request of any party to examine a witness adversely. The
				appeal tribunal may hear closing arguments from the parties and may limit the
				time of such arguments. The appeal tribunal may adjourn and continue a hearing
				to a future date when the hearing cannot be completed in the time
				scheduled.
(3) The appeal tribunal
				may, upon motion of a party or upon the appeal tribunal's own motion, exclude
				witnesses from the hearing until called to testify and may instruct the
				excluded witnesses not to discuss the matter being heard until the hearing has
				been concluded. The appeal tribunal may close the hearing to any person to the
				extent necessary to protect the interests and rights of either party to a fair
				hearing. This subsection does not authorize exclusion of a party who is a
				natural person; one officer or employee of a party which is not a natural
				person; or a person whose presence is shown by a party to be essential to the
				presentation of the party's case.
(4) The appeal tribunal may exclude any
				person who disrupts the hearing. The appeal tribunal may recess or adjourn the
				hearing if any person disrupts the hearing. The appeal tribunal may prohibit
				any excluded representative from representing a party at that hearing or any
				continuance. The appeal tribunal shall offer a party whose representative has
				been excluded or refused admittance an opportunity to secure another
				representative.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.16 - Admissibility of evidence; administrative notice

Current through June 24, 2024
(1) Statutory and
				common law rules of evidence and rules of procedure applicable to courts of
				record are not controlling with respect to hearings. The appeal tribunal shall
				secure the facts in as direct and simple a manner as possible. Evidence having
				reasonable probative value is admissible. Irrelevant, immaterial and repetitive
				evidence is not admissible. Hearsay evidence is admissible if it has reasonable
				probative value but no issue may be decided solely on hearsay evidence unless
				the hearsay evidence is admissible under ch. 908, Stats.
(2) The appeal tribunal may take
				administrative notice of any department records, generally recognized fact or
				established technical or scientific fact having reasonable probative value but
				the parties shall be given an opportunity to object and to present evidence to
				the contrary before the appeal tribunal issues a decision.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.17 - Form of decision

Current through June 24, 2024
(1) The appeal tribunal may issue an oral
				decision at the hearing on the matters at issue but the appeal tribunal shall
				confirm the oral decision with a written decision. Only the written decision is
				appealable.
(2) The written
				decision of the appeal tribunal shall contain ultimate findings of fact and
				conclusions of law. The findings of fact shall consist of concise and separate
				findings necessary to support the conclusions of law. The decision shall
				contain the reasons and rationale which follow from the findings of fact to the
				conclusions of law.
(3) The
				decision of the appeal tribunal shall specify the time limit to file a petition
				for commission review with the commission under s.
				108.09(6),
				108.095(6)
				or
				108.10(2),
				Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.18 - Fees for representation of parties

Current through June 24, 2024
No representative may charge or receive from a claimant for
				  representation in a dispute concerning benefit eligibility or liability for
				  overpayment of benefits, or in any administrative proceeding under ch. 108,
				  Stats., concerning such a dispute, a fee which, in the aggregate, is more than
				  10% of the maximum benefits at issue unless the department has approved a
				  specified higher fee before the claimant is charged. When a request for waiver
				  of the 10% limitation is received, the department shall consider whether
				  extended benefits or any other state or federal unemployment benefits are at
				  issue. Any request for waiver of the 10% limitation on fees shall be submitted
				  in writing to the central administrative office of the bureau of legal affairs
				  in the division. Under s.
				  108.13,
				  Stats., the department may not assign any past or future benefits for the
				  collection of representative fees.
Any request for a waiver under this section shall be
					 submitted in writing to: Department of Workforce Development, Division of
					 Unemployment Insurance, Central Administrative Office of the Bureau of Legal
					 Affairs, 201 E. Washington Avenue, P.O. Box 8942, Madison, Wisconsin
					 53708-8942.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.19 - Departmental assistance for persons with disabilities and hearing impairments

Current through June 24, 2024
(1) The department may, at its own expense,
				provide a person to assist a person with a hearing impairment in communicating
				at a hearing, if the person with a hearing impairment notifies the hearing
				office within a reasonable time before the date of the hearing and the appeal
				tribunal determines that the impairment is of a type which may hinder or
				prevent the person from communicating.
(2) If the person with a hearing impairment
				makes arrangements on their own behalf to have a person assist them in
				communicating, the department may reimburse such person for fees and travel
				expenses at the rate specified for interpreters under s.
				DWD
				140.20, if the appeal tribunal determines that such
				person is necessary to assist the person with the hearing impairment in
				communicating.
(3) The hearing
				office shall attempt to schedule hearings in buildings which have ease of
				access for any person with a temporary or permanent incapacity or disability.
				The appeal tribunal may reschedule any hearing in which such a person who is a
				party or a necessary witness to the hearing does not have ease of access into
				the building where the hearing is scheduled.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.20 - Witness and interpreter fees; travel expenses

Current through June 24, 2024
(1) The appeal
				tribunal may authorize reimbursement by the department to any witness
				subpoenaed by a party or any party who has already made reimbursement to such a
				witness for witness fees and travel expenses. The appeal tribunal may also
				require reimbursement for an interpreter who is necessary to interpret
				testimony of a witness offered at the hearing.
(2) The department may refuse to reimburse a
				witness subpoenaed on behalf of a party other than the department for witness
				fees or travel expenses if the appeal tribunal determines that the testimony
				was not relevant or material to the issue of the hearing.
(3) No witness subpoenaed on behalf of or
				requested to appear by the department is entitled to prepayment of witness fees
				or travel expenses but any such witness who appears at the hearing shall be
				paid the fees and travel expenses provided under sub. (4).
(4) The fees of witnesses and interpreters
				are:
(a) For witnesses, $16.00 per
				day.
(b) For expert witnesses, the
				rate set under s.
				814.04(2),
				Stats., plus the fees under pars. (a) and (d).
(c) For interpreters, $35.00 per half day, or
				the contracted amount.
(d) For
				travel expenses, 20 cents per mile from the witness' or interpreter's residence
				in this state to the hearing site and back or, if without the state, from the
				point at which the witness or interpreter passes the state boundary to the
				hearing site, and back.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.21 - Transcripts and recordings

Current through June 24, 2024
(1) Copies of
				hearing transcripts may be obtained from the commission under s. LIRC
				1.08.
(2) Under s.
				108.09(5),
				Stats., if testimony at a hearing is recorded, the department may furnish a
				person with a copy of the hearing recording. The fee is $7.00 per electronic
				recording. The department may waive this fee if the department is satisfied
				that the person is unable to pay.
To request hearing recordings and waivers of fees contact
					 the Department of Workforce Development, Division of Unemployment Insurance,
					 Bureau of Legal Affairs, 201 E. Washington Avenue, P.O. Box 8942, Madison,
					 Wisconsin 53708-8942 or telephone (608)
					 266-3174.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.22 - Standard affidavit form

Current through June 24, 2024
(1) IN GENERAL.
(a) Personal knowledge is the recognition of
				facts through firsthand observation or experience.
(b) Information and belief is not based on
				firsthand observation or experience but is based on secondhand information that
				is sworn as true.
(c) The
				department's standard affidavit form for appeals under ss.
				108.09,
				108.095
				and
				108.10,
				Stats., is available at the department's website or by requesting a copy from
				the hearing office.
Note:
To obtain the department's standard
				  affidavit form, call (608) 266-8010 or visit the website
https://dwd.wisconsin.gov/dwd/forms/ui/ucl-17500-e.htm
.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 142 - State Directory Of New Hires › Section DWD 142.01 - Purpose

Current through June 24, 2024
(1)
									42 USC
				653 a(a)(1)(A) requires each state to
				establish a state directory of new hires that contains information reported by
				employers about each newly hired employee and requires employers to report this
				information. Section
				103.05,
				Stats., implemented the federal new hire reporting requirements by creating a
				state directory of new hires and requiring employers to report information to
				the department about each newly hired employee.
(2) This chapter specifies the information
				that employers must provide, the procedures by which employers may comply with
				the new hire reporting requirements, and the penalties for violating this
				rule.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 142 - State Directory Of New Hires › Section DWD 142.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Department" means the department of workforce development or its authorized
				agent.
(2) "Employee" means an
				individual who is an employee under
				26 USC
				3401(c) but does not include
				an individual performing intelligence or counterintelligence functions for a
				federal or state agency if the head of the agency has determined that reporting
				under s.
				DWD
				142.01 with respect to the individual could endanger
				the individual's safety or compromise an ongoing investigation or intelligence
				mission.
Note:
Under
				  26 USC
				  3401(c), an "employee"
				  includes "an officer, employee, or elected official of the United States, a
				  State, or any political subdivision thereof, or the District of Columbia, or
				  any agency or instrumentality of any one or more of the foregoing. The term
				  'employee' also includes an officer of a corporation."
(3) "Employer" means a person who is an
				employer under 26 USC
				3401(d) and includes any
				governmental entity and any labor organization.
Note:
Under
				  26 USC
				  3401(d), an "employer" means
				  "the person for whom an individual performs or performed any service, of
				  whatever nature, as the employee of such person, except that:
(1) if the person for whom the individual
				performs or performed the services does not have control of the payment of the
				wages for such services, the term `employer' (except for purposes of subsection
				(a)) means the person having control of the payment of such wages, and
(2) in the case of a person paying
				wages on behalf of a nonresident alien individual, foreign partnership, or
				foreign corporation, not engaged in trade or business within the United States,
				the term `employer' (except for purposes of subsection (a)) means such
				person."
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 142 - State Directory Of New Hires › Section DWD 142.03 - Reporting requirements

Current through June 24, 2024
(1) REPORT CONTENTS. Except as provided in
				sub. (2) (b) and s.
				DWD 142.04(1)
				(b), each employer that has one or more
				employees who perform services in Wisconsin shall file a report containing the
				following information with the department:
(a)
				Newly hired employee's name.
(b)
				Newly hired employee's address.
(c)
				Newly hired employee's social security number.
(d) Employer's name.
(e) Employer's payroll address for the newly
				hired employee.
(f) Employer's
				federal employer identification number.
(g) Date the newly hired employee started
				work.
(h) Employee's date of
				birth.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 142 - State Directory Of New Hires › Section DWD 142.04 - Multi-state employers

Current through June 24, 2024
(1) REPORTING OPTIONS. Multi-state employers
				may choose to do either of the following:
(a)
				Report only the newly hired employees working in the state of Wisconsin as
				described in s.
				DWD 142.03
				and report employees not working in Wisconsin to the respective states in which
				they work.
(b) Report all newly
				hired employees to a single state in which the multi-state employer has at
				least one employee working, regardless of where the other employees work. If
				the multi-state employer chooses Wisconsin as the single state to which it
				reports, that employer must file new hire reports electronically as provided in
				s.
				DWD 142.03(2) (a)
				1. In addition to containing all the
				information in s.
				DWD
				142.03(1), the electronically filed
				report for any newly hired employee not working in Wisconsin must also include
				the state in which the employee will work. Report due dates are the same as
				those provided in s.
				DWD
				142.03(3).
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 142 - State Directory Of New Hires › Section DWD 142.05 - Penalties

Current through June 24, 2024
(1) Any person who violates any provision of
				this rule may be subject to the penalties provided under s.
				103.05,
				Stats. No penalty may be imposed unless the person has been notified of the
				violation and has been provided with an opportunity to correct the
				violation.
(2) Pursuant to s.
				103.005(10),
				Stats., if a penalty is imposed it shall be subject to review in the manner
				provided in ch. 227, Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 147 - Seasonal Agricultural Employers › Section DWD 147.01 - Purpose

Current through June 24, 2024
(1) Under s.
				108.066,
				Stats., an employer engaged in agricultural activities may apply to the
				department by May 31 for designation as a seasonal employer. The department
				shall issue an appealable determination regarding the application by June 30.
				The department shall grant seasonal employer designation if all of the
				requirements under s.
				108.066(3),
				Stats., are met.
(2) This chapter
				specifies the industries that the department shall consider to be primarily
				engaged in agricultural production, agricultural services, forestry, or
				commercial fishing, hunting, or trapping.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 147 - Seasonal Agricultural Employers › Section DWD 147.02 - Affected employers

Current through June 24, 2024
An employer shall be considered to be primarily engaged in
				  agricultural production, agricultural services, forestry, or commercial
				  fishing, hunting, or trapping if the department determines that the employer's
				  primary type of business activity is one of those specified in the 2022 version
				  of the North American Industry Classification System, Sector 11 - Agriculture,
				  Forestry, Fishing and Hunting.
The North American Industry Classification System standard
					 is available at
https://www.census.gov/naics/
. The
					 2022 version is on file with the legislative reference bureau and with the
					 bureau of legal affairs of the department's division of unemployment insurance
					 at 201 E. Washington Ave, E-300, Madison, Wisconsin
					 53703.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.001 - Definitions

Current through June 24, 2024
(1) IN GENERAL. Except as provided in sub.
				(2), unless the context clearly indicates a different meaning, the definitions
				in ch. DWD 100 apply to this chapter.
(2) IN THIS CHAPTER. Notwithstanding ch. DWD
				100 and unless the context clearly indicates a different meaning, in this
				chapter:
(a) "Claim information" means
				information about all of the following:
1.
				Whether an individual is receiving, has received, or has applied for
				unemployment insurance.
2. The
				amount of unemployment insurance the individual is receiving or is entitled to
				receive.
3. The individual's
				current or most recent home address.
4. For purposes of s. DWD 149.04 (2) (h) to
				(m), "claim information" also includes all of the following:
a. Whether the individual has refused an
				offer of work and, if so, a description of the job offered including the terms,
				conditions, and rate of pay.
b. Any
				other information contained in the department's unemployment insurance records
				that is needed by the requesting agency to verify eligibility for, and the
				amount of, benefits.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement s.
				  108.14(7),
				  Stats., and to comply with 20 CFR Part 603. Under s.
				  108.14(7),
				  Stats., the unemployment insurance records made or maintained by the department
				  are confidential and shall be open to public inspection or disclosure only to
				  the extent that the department permits in the interest of the unemployment
				  insurance program. This chapter specifies the conditions and circumstances
				  under which the department may permit unemployment insurance records to be
				  disclosed. This chapter shall be interpreted and applied consistently with the
				  requirements of 20 CFR Part 603.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.02 - Confidentiality of records

Current through June 24, 2024
(1) Unemployment
				insurance records made or maintained by the department are confidential and not
				open to public inspection or disclosure, except as provided in subs. (2) and
				(3).
(2) The department may
				disclose the following unemployment insurance records if the disclosure is in
				the interest of the unemployment insurance program and does not interfere with
				the efficient administration of the program:
(a) Public domain information.
(b) Appeals records and decisions with
				personally identifiable information, as defined in s.
				19.62(5),
				Stats., redacted as provided in s.
				DWD
				140.09.
(c) Any unemployment insurance record that
				has been screened to prevent identification of the individual or employing unit
				that is the subject of the record or which could foreseeably be combined with
				other publicly available information to reveal any identifying particulars of
				an individual or employing unit.
(d) Unemployment insurance records as
				provided in ss.
				DWD
				149.03 and 149.05.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.03 - Disclosure of records to individuals, employing units, their agents, and authorized third parties

Current through June 24, 2024
(1) CLAIMANTS AND EMPLOYING UNITS. Except as
				otherwise provided under s.
				DWD
				140.09, the department shall make the following
				records available to the following persons upon request:
(a) An unemployment insurance record
				concerning an individual is available to that individual.
(b) An unemployment insurance record
				concerning an individual's work for an employing unit is available to that
				employing unit.
(c) An unemployment
				insurance record concerning a determination to which an employing unit is
				identified as a party of interest under s.
				108.09,
				Stats., is available to that employing unit.
(d) An unemployment insurance record
				concerning an employing unit's status or liability under ch. 108, Stats., is
				available to that employing unit.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.04 - Mandatory disclosure of unemployment insurance records

Current through June 24, 2024
(1) DISCLOSURE
				REQUIRED BY LAW. The department shall disclose unemployment insurance records
				to any person or agency as required by state or federal law.
(2) FEDERALLY-MANDATED DISCLOSURES TO CERTAIN
				AGENCIES. The department shall disclose unemployment insurance records to the
				following:
(a) The internal revenue service
				for purposes of unemployment insurance tax administration.
(b) The U.S. citizenship and immigration
				services for purposes of verifying an individual's immigration
				status.
(c) A federal official for
				purposes of unemployment insurance program oversight and audits.
(d) Wage and claim information to the U.S.
				department of health and human services for purposes of the National Directory
				of New Hires under
				42 USC
				653 a.
(e) Any other state to properly administer
				its unemployment insurance program.
(f) The name, address, ordinary occupation,
				and employment status of each recipient of unemployment insurance and a
				statement of the recipient's rights to further insurance under ch. 108, Stats.,
				to any governmental unit for purposes of administering a program of public
				works or public assistance through public employment.
(g) The railroad retirement board.
(h) Wage and claim information to any
				government unit in the administration of a food stamp program under
				7 USC
				2011 to
				2029 for purposes of
				determining an individual's eligibility for and amount of benefits.
(i) Wage and claim information to any state
				or local child support enforcement agency for purposes of locating individuals
				owing child support obligations and establishing and collecting child
				support.
(j) Wage and claim
				information to the U. S. department of housing and urban development or
				representatives of a public housing agency for purposes of determining an
				individual's eligibility for benefits or amount of benefits under a housing
				assistance program of the department of housing and urban development, provided
				the individual has signed a consent form.
(k) Wage and claim information to a
				government unit in the administration of a program funded under Temporary
				Assistance for Needy Families under
				42 USC
				601 to
				619.
(L) Wage and claim information to any
				governmental unit administering the provisions of a Medicaid state plan
				approved under Title XIX of the Social Security Act.
(m) Wage and claim information to any
				governmental unit in the administration of Federal Old-Age, Survivors, and
				Disability Insurance and Supplemental Security Income for the Aged, Blind, and
				Disabled.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.05 - Permissive disclosure of unemployment insurance records

Current through June 24, 2024
(1) The department
				may disclose unemployment insurance records to any of the following persons or
				government units if the department approves the purposes for which the records
				are requested:
(a) The United States
				department of labor, including for purposes of the federal workforce innovation
				and opportunity act, and the bureau of labor statistics.
(b) The Unemployment Insurance Advisory
				Council when reasonably necessary in the course of its duties under s.
				108.14(5),
				Stats.
(c) A local, state, Indian
				tribal, or federal government official, other than a clerk of court on behalf
				of a litigant, with authority to obtain the information pursuant to a subpoena
				or court order.
(d) A public
				official or its agent or contractor for use in the performance of official
				duties, including any of the following:
1.
				Any division of the department or corresponding unit in another state agency,
				the government of another state, or the federal government.
2. Any legislative service agency listed
				under ch. 13, Stats.
3. Any taxing
				authority of the United States or of this state or any of its political
				subdivisions.
4. Colleges,
				universities, government units, or other organizations or persons for research
				projects of a public nature that benefit the unemployment insurance program,
				only if on behalf of a public official.
5. Any federal law enforcement agency or law
				enforcement agency of the state or any of its political subdivisions, if the
				individual or employing unit whose record is being sought is the subject of a
				criminal investigation.
6. Any
				person whom the department authorizes to use, print, or otherwise reproduce
				unemployment insurance records for purposes of demonstrating services or
				equipment in connection with the administration of the unemployment insurance
				program.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.06 - Confidentiality safeguard requirements and disclosure of records to third parties

Current through June 24, 2024
(1) Third party recipients of unemployment
				insurance records shall comply with all of the following confidentiality
				safeguard requirements:
(a) Safeguard
				disclosed information against unauthorized access or redisclosure.
(b) Use the disclosed information only for
				the purposes authorized by law and consistent with any applicable record
				disclosure agreement under s.
				DWD
				149.07.
(c) Store disclosed information in a safe
				place physically secure from unauthorized access.
(d) Store and process information in
				electronic format in a way that unauthorized persons cannot obtain the
				information by any means.
(e)
				Ensure that only authorized persons are given access to disclosed information
				stored in a computer system.
(f)
				For third parties authorized to receive information by an individual or
				employing unit under s.
				DWD
				149.03(3), maintain a copy of the
				written release authorizing each access and ensure that access to disclosed
				information will be only to those authorized under the release.
(g) Instruct all persons having access to
				disclosed information of the confidentiality requirements and the penalties for
				unauthorized disclosure, and have these persons sign an acknowledgement that
				they have been so instructed and agree to report any infraction
				promptly.
(h) Dispose of all
				disclosed records and copies after the purpose for which the information was
				disclosed has been served or when the department considers appropriate, except
				for disclosed information possessed by any court.
(i) Allow the department to conduct on-site
				inspections of the disclosed records and to audit for compliance with this
				section.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.07 - Record disclosure agreements

Current through June 24, 2024
(1) The department
				shall require a record disclosure agreement to be in effect before disclosing
				unemployment insurance records under ss.
				DWD
				149.03(3), 149.04(2) (e) to (m) and
				(3), and 149.05(1) (d).
(2) The
				department may require a record disclosure agreement to be in effect before
				disclosing unemployment insurance records to any person, government unit, or
				entity not listed in sub. (1).
(3)
				Any record disclosure agreement with an agent of a public official for
				disclosure must be made with the public official and hold the public official
				responsible for ensuring the agent complies with the confidentiality
				requirements in s.
				DWD
				149.06(1).
(4) A record disclosure agreement shall be in
				writing for a prescribed period of time and include all of the following
				provisions:
(a) A statement of the purpose for
				which the record is sought, description of the specific information to be
				furnished, the methods and timing of requests and responses for information,
				and the format to be used.
(b) A
				requirement that the person, government unit, or entity that is a party to the
				agreement comply with all of the following:
1.
				Use the information only for purposes authorized by law and as stated in the
				agreement and limit access to the information to those with a need to access it
				for the stated purpose.
2. Pay all
				of the department's costs in providing information from unemployment insurance
				records, unless the agreement provides for the reciprocal sharing of
				costs.
3. Comply with the
				confidentiality safeguards requirements of s.
				DWD
				149.06 and not release information obtained from any
				unemployment insurance record to a third party without prior written approval
				of the department.
4. Verify the
				information in an unemployment insurance record released by the department if
				the person, government unit, or entity may take any action detrimental to the
				interests of the employee or employing unit that is the subject of the
				record.
5. Maintain a system of
				security that includes a procedure for the destruction of confidential
				information and report any infraction of the confidentiality safeguard
				requirements under s.
				DWD
				149.06 or the agreement under this section fully and
				promptly.
6. Allow for on-site
				inspections by the department to ensure the confidentiality safeguard
				requirements of the agreement are met.
(c) For authorized third parties under s.
				DWD
				149.03(3), the information may be
				accessed only by those persons with authorization under the release, and the
				purpose for the release of information shall be limited to providing a service
				to benefit the individual.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.08 - Fee for disclosing unemployment insurance records

Current through June 24, 2024
(1)
(a) The department shall charge a fee for
				disclosing an unemployment insurance record when the disclosure is for a third
				party, government unit, or entity that requests the record and disclosure is
				not necessary for the proper administration of the unemployment insurance
				program, unless only incidental staff time and nominal processing costs are
				involved in making the disclosure.
(b) The department may charge a fee for
				disclosure in the following circumstances:
1.
				Disclosure of public domain information.
2. Disclosure to an individual, employing
				unit, or agent.
3. The purpose of
				the disclosure is program oversight or audit.
4. The disclosure is pursuant to a court
				order or is to officials with subpoena authority.
(c) The fee for disclosure may not exceed the
				actual, necessary, and direct costs of location and disclosure of the record,
				including photocopy, postage, computer reprogramming, and labor costs, except a
				record location fee may be charged if the costs of location exceed $50. The
				department shall require the fee for disclosure to be paid in advance except
				for good reason.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 149 - Disclosure Of Unemployment Insurance Records › Section DWD 149.09 - Penalties

Current through June 24, 2024
Any person who permits inspection or disclosure of an
				  unemployment insurance record provided to that person by the department without
				  authorization of the department shall be subject to the penalties provided
				  under s.
				  108.24(4),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 150 - forms › Section DWD 150.05 - Forms

Current through June 24, 2024
Copies of forms are provided by the department.
TABLE DWD 150
Form Number
Title or Similar Description
(1) Coverage.
(a) UCT-1-E
- Wisconsin Employer Report
(b) RC-1
- Election to Cover Multi-state Workers
(c) UCT-115-E
- Report of Business Transfer
(d) UCT-117-E
- Computation of Partial Transfer Percentage
(e) UCT-119-E
- Benefit Payment Allocation Report
(f) UCT-43-E
- Preliminary Report
(g) UCT-673-E
- Nonprofit Organization Employer's Report
(h) UCT-5332-E
- Domestic Employer's Report
(i) UCT-5334-E
- Agricultural Employer's Report
(j) UCT-6491-E
- Account Change Information
(2) Contributions.
(a) UCT-101-E
- Quarterly Contribution Report to be Filed with
								Quarterly Wage Report
(c) UCT-100B-E
- Annual Tax Rate Notice and Schedule-with
								Voluntary
(d) UCT-100B1-E
- Annual Tax Rate Notice and Schedule-Without
								Voluntary
(e) UCT-100B2-E
- UI Tax Rate Adjustment/Rate Schedule
(f) UC-7823-E
- Quarterly Wage Report
(g) UCT-7842-E
- Contribution Adjustment Report
(h) UCT-7878-E
- Wage Adjustment Report
(i) UCT-7937
- Election to Exclude Principal Officers
(j) UCT-8055
- Worksheet-Corporate Officer Exclusion
(k) UCT-17927-E
- Reelection of Coverage of Principal
								Officers
(3) Benefit notices and reports, required of
								employers.
(a) UCB-201-P
- Wisconsin Unemployment Insurance Handbook for
								Employers
(b) UCB-7-P
- Notice to Employees About Applying for Wisconsin
								Unemployment Benefits
(e) UCB-16
- Separation Notice
(f) UCB-23
- Wage Verification Eligibility Report
(h) UCB-9381-P
- Seasonal Employment Notice
(i) UCB-719
- Urgent Request for Wages
(4) Benefit claims and
								payments.
(a) UCB-10-P
- Unemployment Insurance Handbook for
								Claimants
(5) Settlement of contested benefit
								claims.
(b) UCB-474
- Physician's Report, for Determining
								Eligibility
Copies of forms are available online at:
https://dwd.wisconsin.gov/dwd/forms-publications-search.htm
.