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

KEVIN W SHERIDAN, Employee

VILLAGE OF WOODVILLE
SAINT CROIX COUNTY, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 06202043HU


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter on November 17, 2006.

A timely petition for review was filed. On March 2, 2007, the commission issued its decision affirming the decision of the administrative law judge.

The employer commenced a proceeding for judicial review of the commission's decision in the Circuit Court for St. Croix County.

On September 7, 2007, the court issued a Stipulated Order setting aside the March 2, 2007 decision of the commission and remanding the matter to the commission for it to remand the matter to the Department of Workforce Development for a new hearing and new decision.

Pursuant to the September 7, 2007 Order of the Circuit Court for St. Croix County, the commission now makes the following:

ORDER

The November 17, 2006 decision of the administrative law judge in this matter is set aside, and the matter is remanded to the Department of Workforce Development for it to conduct a new hearing, before a different administrative law judge, and for issuance by that administrative law judge of a new decision.

Dated and mailed October 17, 2007
sherike . urr : 110 :  PC 732  PC 769

/s/ James T. Flynn, Chairman

/s/ Robert Glaser, Commissioner

Ann L. Crump, Commissioner

 

NOTE: Wis. Stat. § 102.23(1)(d) provides that when judicial review is commenced, "the commission shall make return to the court of all documents and papers on file in the matter, and of all the testimony which has been taken, and of the commission's order, findings and award" (emphasis added). This requires preparation of a verbatim transcript of the administrative hearing. Such a transcript must be prepared from the audio recording of the hearing made by the administrative law judge.

The commission stipulated to have this matter set aside and sent back because it could not satisfy the requirement to file a transcript of the administrative hearing, as the quality of the audio recording of the hearing was so poor that it was not possible to prepare a reasonably accurate transcript. The assessment of the transcription service used by the commission was that the poor quality of the audio recording was largely due to placement of the microphone used to record the hearing.

On remand, every reasonable effort should be made to ensure that the audio recording being made is of sufficient quality that a transcriptionist listening to that recording can prepare an adequate transcript from it.

The commission's order directs that the re-hearing be held before a different administrative law judge simply in order to ensure that the subsequent decision will be based solely on the evidence presented in that hearing and will not be affected by evidence which was heard by the original administrative law judge at the hearing she conducted.


cc:
Kevin W Sheridan
Atty. Autumn L. Lindquist
Bakke Norman SC


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