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This following is information you will need in the appeal process. If you still have questions after reading this, contact the hearing office listed on your Confirmation of Appeal notice (Form A or B). The hearing office can tell you about general hearing procedures but cannot help prepare your case or give you advice about the merits of the case.
If you have questions about the payment of benefits or issues not under appeal, call:
| Madison area | Milwaukee area | Toll Free |
|---|---|---|
| Fax: (608) 232-0940 | Fax: (414) 438-2100 | |
| Employee: (608) 232-0824 | Employee: (414) 438-7713 | Employee (800) 494-4944 |
| Employer: (608) 232-0633 | Employer: (414) 438-7705 | Employer (800) 247-1744 |
Start to prepare your case now. Do not wait until you receive a hearing notice.
The following is general information on unemployment hearings under chapter 108 of the Wisconsin statutes and chapters DWD 100-150 of the administrative code.
You may read these documents at your local library or on the Internet: Chapter 108.01-108.26 http://www.legis.state.wi.us/statutes/Stat0108.pdf
Unemployment Rules and Regulations
DWD 100-150 http://www.legis.state.wi.us/rsb/code/dwd/dwd100.html
To receive a copy of the UI law, contact the hearing office listed on your determination.
A legal proceeding open to the public that is conducted by an administrative law judge to resolve issues about:
The Administrative Law Judge will ask questions of any witnesses who are necessary for purposes of developing a record. Each party will also have its opportunity to present its case, which includes calling witnesses to give testimony and presenting documentary evidence. During “cross-examination,” each party will have an opportunity to ask questions of a witness. You are NOT permitted to make statements during cross – examination; you are only permitted to ask questions.
You Will Be Participating In A Formal Legal Proceeding Where Testimony Is Taken Under Oath By An Administrative Law Judge.
Be On Time. You should allow additional time to find the hearing office, park and walk to the building. If you are the appellant and you are late, your appeal may be dismissed. If you are the respondent and you are late, the hearing may be conducted without you.
Review Your Materials Before The Hearing. The first time that you look at written materials for the hearing should not be during the hearing itself! Have documents with pertinent information readily available. Do not wait until the hearing to review your materials.
You may review the file on your case at the hearing office listed on the confirmation of appeal notice (Form A or B). Call that office first to make sure the file is there. Write down questions and points you want to make.
In most cases, both the appellant and the respondent should attend with their witnesses. If the appellant does not show up, a hearing will not be held. Your hearing notice will tell you if you are required to participate and, if so, by phone or in person.
Bring Witnesses With Personal, Firsthand Knowledge To The Hearing. Do not expect to submit written statements of witnesses who are not present at the hearing, since they will likely be considered “hearsay” and inadmissible.
Witnesses at a hearing should have direct, personal knowledge of the facts relating to the case.
The rules of evidence at a hearing are like the rules in court.
The judge cannot decide a case solely on hearsay testimony (statements made by a witness who does not have firsthand knowledge of the facts). Generally, a signed statement is hearsay.
The judge may limit the number of witnesses to the same incident and also will not allow testimony that does not have to do with the case. The judge will determine the order of the witnesses.
Bring Copies Of Any Written Materials You Want To Submit At The Hearing. The evidence you submit must relate to the issue(s) of the case. Bring the original document and a copy with you to the hearing. The judge will decide what to accept as evidence. If you bring a video or audiotape, you must bring equipment to play it at the hearing. All exhibits are left with the judge.
If you are the employee, a report from the health care professional who is treating you may help decide your case. The employee may request or the department may send the employee a medical form (UCB-474) to have the health care professional complete. This report should be returned by the due date on the form.
The person who completes the form does not have to be at the hearing. You may subpoena (require) a health care professional to appear. An employer may also subpoena the health care professional or present its own report by a qualified expert for rebuttal purposes. That report must be certified to be included as evidence.
Note: Before calling the hearing office for a subpoena, have ready the witness(es)’ name(s), address(es), and the reason(s) why their testimony relates to your case. If documents are needed, have a detailed description of the documents and the name of the person who has firsthand knowledge of those documents. If the hearing office has granted your request for a subpoena, it will provide you with an instruction sheet concerning subpoenas.
If your request for a subpoena is granted, you are responsible for properly serving the subpoena before the hearing. You must also pay the witness(es) for appearing and cover mileage expenses of the witness(es) you subpoenaed. The judge will decide if you can be paid back for witness fees and mileage expenses. If you want to be repaid, you must request it.
Only the person who requested the hearing may withdraw that request.
You can withdraw the request for a hearing at anytime during the appeal process in writing, by fax, or by calling the hearing office. If you do withdraw your request, no further proceedings will be scheduled in this matter.
If you need an interpreter, it is your obligation to inform the hearing office immediately. The hearing office uses its own interpreters (sign or language) during the hearing.
The department will try to schedule your hearing as soon as possible. This may be as soon as a few weeks after you requested your hearing. However, there are times this may not be possible. Your hearing will be in person or by phone. There are many hearing sites around the state. If you are more than 40 miles from the hearing site, your hearing may be by telephone.
The hearing office cannot promise a specific date and time. If you become aware of a scheduling conflict, contact the hearing office right away. Do not wait until the hearing is scheduled.
Postponements of scheduled hearings are generally not given unless there has been a showing of exceptional circumstances which justify delaying the proceedings. Requests for postponements cannot be made in writing; you must contact the hearing office to discuss the particular facts which you believe require a postponement of the case.
You will receive a Hearing Notice (Form F) telling you:
Hearings are scheduled by the four UI hearing offices: Madison, Milwaukee, Eau Claire and Appleton. Hearing office hours are 7:45 am to 4:30 pm, Monday through Friday.
If you think you might need special arrangements, immediately contact the hearing office listed on your notice.
If a request for appeal is late (postmarked or received after the deadline):
In general, parties or witnesses who want to participate in a hearing by telephone must be located at least 40 miles from the hearing site. If you have been granted permission to participate in a telephone hearing, you must furnish the hearing office with the phone number that you want to be contacted at for the hearing prior to the hearing. The hearing office will place a call to you at the number you furnish at the time of the hearing.
The hearing office may schedule a telephone hearing. If you choose to appear at the hearing location in person, instead of using the telephone, you must contact the hearing office in advance.
You will receive hearing instructions (Form C) and documents before the hearing. It is your responsibility to provide the correct telephone number(s) where you and your witness(es) can be reached at the time of the hearing. This information should be provided at least 3 days prior to the hearing.
We will send you a telephone Hearing Notice (Form F) that tells you the date and time of the hearing and other important information. Read both sides of the Hearing Notice.
If you are the person who requested the hearing and cannot be reached within 15 minutes of the scheduled time, your appeal will be dismissed. If you are the person who did not request the hearing, the hearing will proceed without you if you are not reached within 5 minutes of the scheduled time.
Due to unforeseen delays, you will be expected to wait up to one hour for the administrative law judge to call you.
The administrative law judge will control the hearing. It is the judge’s job to get all the information needed to make a complete record and make a decision in your case.
The judge will identify people in the room and explain how the hearing will work. The judge will state the determination being appealed, define the issue(s), and ask you to state your position.
The judge will decide the order of the witnesses who will give their testimony under oath. The judge may require a witness(es) or other person(s) to leave the room while others testify. The judge will give you an opportunity to ask questions of each of the witnesses at the appropriate time. You will not be allowed to argue or disrupt the hearing.
After the parties have had a chance to present evidence, the judge will close the hearing.
Once the hearing is closed, the judge can no longer discuss your case with you. It is important to present all of your evidence at the hearing. The decision will be based only on the evidence presented at the hearing. Any further appeal will only involve review of the record made at the hearing.
The hearing will be recorded. To make sure the recording is clear, speak loudly and clearly. If you want a copy of the recording of your hearing, call (608) 266-3174.
The department does not furnish legal representation to parties. If you want to be represented by an attorney, you must arrange such representation yourself. Your attorney should contact the hearing office immediately upon being retained to indicate they will be representing you at the hearing.
The judge may take testimony from department staff or receive into the record a certified report from the department’s labor market database to make a decision. The report describes jobs, wages and other labor market conditions which may affect your case.
The judge will wait 15 minutes for the appellant (the party requesting the hearing) to arrive before dismissing the appeal. The dismissal decision issued in your case will become final, unless there is good cause for not attending.
A respondent (the party who did not request the hearing) who does not attend gives up the chance to present evidence, unless good cause is shown for not attending. If the appellant who requested the hearing is present, the judge will wait 5 minutes for the respondent to arrive before going on with the hearing.
If you fail to attend your hearing, you must explain in writing why you did not appear. Your explanation should be mailed immediately. Make sure to provide the hearing number in your letter of explanation.
Your explanation for not appearing at the hearing will be reviewed by the hearing office. A decision may be issued based on that explanation or a hearing will be scheduled to decide if you had good cause for not appearing at the original hearing.
The judge decides how the law applies to the facts and issues a written decision. A copy of the decision is mailed to the parties, usually within two weeks.
If a determination denying benefits is reversed, it may take two to four weeks for benefit checks to be mailed.
If a determination allowing benefits is later reversed, an employee may be required to repay benefits. If you were overpaid because of a department error, and you were not at fault, you may not have to repay the benefits.
If you disagree with the judge’s decision, you have 21 days from the date the decision is mailed to file an appeal for review by the Labor and Industry Review Commission. Your appeal must be postmarked or received within those 21 days.
If you are the employee and your appeal is pending, you should continue to file weekly claim certifications until the appeal process is over.
UCL-4478-P (R.02/2006)
The Department of Workforce Development (DWD) is an equal opportunity service provider. If you need assistance to access services or materials in an alternate format, please contact us.