Practice and procedure before LIRC is governed both by LIRC's general administrative rules and by particular statutes and administrative rules which are applicable to the program area involved.
Procedure in Unemployment Insurance cases
Procedure in Worker's Compensation cases
Procedure in Discrimination cases
Either party to a case concerning Unemployment Insurance which was heard before an Administrative Law Judge ("ALJ") of the Division of Unemployment Insurance, may petition the commission for review of the ALJ's decision. (DWD itself may also file a petition for review of an ALJ's decision by LIRC). A petition which is delivered or mailed must either be received by the commission within 21 days after the appeal tribunal decision was mailed to the party's last-known address, or (if mailed) it must be postmarked within that same 21-day period. Petitions may also be filed by facsimile transmission (FAX), or filed electronically through a web form available at the commission's website. The commission will dismiss any petition that is not timely filed, unless the petitioner shows probable good cause that the reason for having failed to file the petition timely was beyond the control of the petitioner.
LIRC reviews the decision of the ALJ based only on the evidence which was submitted at the hearing before the ALJ. There is no hearing before LIRC. Based on its review, the commission may affirm, reverse, modify or set aside the decision of the ALJ, or it may order the taking of additional evidence, or it may remand the matter to the department for further proceedings.
Please note that this is merely intended as an overview. Procedure in unemployment insurance cases is governed by the provisions of the Unemployment Insurance and Reserves Act, Ch. 108, Wis. Stats., and the administrative rules of LIRC (Wis. Admin. Code Ch. LIRC 1, 2) and of the Department (Wis. Admin. Code Ch. DWD 100-150) .
The procedures for LIRC review of decisions of Worker's Compensation Division ALJs are similar to the procedures for review in Unemployment Insurance cases, but there are some important differences. While any party in interest may petition the commission for review of a decision awarding or denying compensation, a petition which is delivered or mailed must actually be received by the department or commission within 21 days after the department mailed a copy of the ALJs' findings and order to the party's last-known address; unlike the procedure for UI cases, it is not sufficient for the petition to merely be postmarked within that period. Petitions may also be filed by facsimile transmission (FAX), or filed electronically through a web form available at the commission's website. The commission will dismiss a petition that is not timely, unless the petition shows probable good cause that the reason for the failure to timely file was beyond the petitioner's control.
Based on its review of the record made before the ALJ, and without any separate hearing before it, LIRC will either affirm, reverse, set aside, or modify the findings or order of the ALJ in whole or in part, or direct the taking of additional evidence.
Please note that this is merely intended as an overview. Procedure in Worker's compensation cases is governed by the provisions of the Worker's Compensation Act, Ch. 102, Wis. Stats., and the administrative rules of LIRC (Wis. Admin. Code Ch. LIRC 1, 3) and of the Department (Wis. Admin. Code Ch. DWD 80).
The procedures for LIRC review of decisions of Equal Rights Division ALJs are similar to the procedures for review in the other program areas (UI and WC), but there are some important differences. Any respondent or complainant who is dissatisfied with the findings and order of the Equal Rights ALJ may file a written petition with the department for review by the commission of the findings and order. That petition is to be filed with the Equal Rights Division, and it must be received by the ERD within 21 days from the date that a copy of the findings and order of the ALJ is mailed to the last-known address of the respondent. The postmark date of a mailed petition does not establish timely filing, as it can in UI cases. Petitions for LIRC review may also be filed with the ERD by facsimile transmission (FAX); however, unlike UI and WC cases there is no provision for electronic website-based filing of petitions for review in ER cases. Furthermore, there is no provision in the Fair Employment Act that allows LIRC to accept a late petition based on a finding that there was "good cause" for the petitioner's late filing. If a petition is untimely, it must be dismissed unless the petitioner satisfies the commission that he or she was prejudiced by "exceptional delay" in receipt of the ALJ's decision from the Equal Rights Decision.
Based on its review of the record made before the ALJ, and without any separate hearing before it, the commission may either affirm, reverse, or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings.
Please note that this is merely intended as an overview. Procedure in equal rights cases is governed by the provisions of the Fair Employment Act, Ch. 111.31 et seq., Wis. Stats., (or other equal rights statutes involved) and the administrative rules of LIRC (Wis. Admin. Code Ch. LIRC 1, 4) and of the Department (Wis. Admin. Code Ch. DWD 218) .