STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

QUITMAN MORGAN, Employe

ECKERT DOOR CO INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 98602750MW

ORDER

Pursuant to authority granted in Wis. Stat. § 108.09(6)(d), the Labor and Industry Review Commission hereby sets aside the appeal tribunal decision in the above- referenced matter and remands this matter for a new hearing and decision before a different administrative law judge.

Dated and mailed: August 4, 1998
morgaqu.upr : 132 : 1 PC 714.01

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

NOTE: The appeal tribunal took administrative notice of the certified expert report to be prepared subsequent to the hearing. The administrative law judge attached a copy of the report to his decision and used that report as a basis for the decision. However, Wis. Admin. Code § DWD 140.16(2) provides that the administrative law judge may take administrative notice of department records but the parties shall be given an opportunity to object and to present evidence to the contrary before the administrative law judge issues a decision. In cases where the certified report is objected to at the hearing or, for example, is found to be inaccurate, the administrative law judge has the option of continuing the hearing or generating a report after the hearing and allowing the parties the opportunity to object to the report before issuing a decision. Either course of action allows any objections to be raised and addressed for the first time at the hearing level rather than at the commission level.

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