PROPOSED ORDER OF THE WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
AMENDING AND ADOPTING RULES
The Wisconsin department of
workforce development proposes
the following order
to
create
s.
DWD
80.
13
,
relating to
the worker's compensation program
and audio recording of a worker's compensation hearing
.
Analysis Prepared by the Department of
Workforce Development
Statutes interpreted
Statutes Interpreted:
Section
10
2
.15
, Stats.
Statutory authority
Explanation of
s
tatutory
a
uthority
Chapter
102
, Stats., governs the state's worker's compensation program. The department has general rule-making authority under s.
102.15 (1)
, Stats., to adopt r
ules of procedure and s.
103
.005 (1)
, Stats., to adopt reasonable and proper rules and regulations relative to exercise
of its powers
and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.
Related statutes or rules
Chapter
102
, Stats.
relating to worker's compensation.
P
lain
l
anguage
a
nalysis
This
proposed
rule
will create DWD 80.13 to allow a party to a worker's compensation case to audio record the proceedings of a formal hearing in a non-disruptive and non-obstructive manner
;
and only when verbal notice is given to
the administrative law judge and
all parties
involved
prior to the start of the hearing and
before
recording begins.
The right to audio record the pro
ceedings of a formal hearing is
limited to the parties in the case. The proposed rule allows a party to voluntarily record a hearing for the party's own purposes and is not considered the official transcript
or record of the hearing. The official transcript and record of the hearing are provided under s.
102.15 (3)
, Stats.
Under this proposed rule, the administrative law judge can establish conditions for
the
audio recording of the proceedings of a formal hearing to avoid disruption or obstruction of the hearing.
Summary of, and comparison with, existing or proposed federal statutes and regulations
There are no proposed or existing federal statutes or regulations related to the proposed rule.
Comparison with rules in adjacent states
In Minnesota rule R
1420.2900
, subpart 9, covers
disruption of hearings. This rule states "…No television, video, digital, still, or other camera, and no electronic recording devices, other than those provided by the office may be operated in the hearing room during the course of the hearing unless permission is obtained from the judge. Permission is subject to conditions set by the judge to avoid disruption of the hearing…"
The proposed rule differs from
the Minnesota rule
by specifically permitting a party to audio record the proceedings of a formal hearing with notice to the administrative law judge
.
With the proposed rule
a party is not required to obtain
permission
from the administrative law judge
before
audi
o record
ing
the proceedings of a formal hearing
. In both this
proposed rule and the Minnesota rule
, the presiding administrative law judge has the authority to establish conditions for the audio recording of the hearing to avoid disruptions
and obstructions
of the hearing.
There are no similar rules in Illinois, Iowa or Michigan.
Summary of factual data and analytical methodologies
Proposed rule changes were developed after consultation with the Worker's Compensation Advisory Council.
Analysis and supporting documents used to determine effect on small business or in preparation of the economic impact analysis
The proposed rule will have no effect on small business. The proposed hearing draft will be posted for 14-days to solicit public comment on any economic impact.
Effect on small business
The proposed rule is primarily procedural in nature and will have no effect on small businesses.
Agency contact person
James T.
O'Malley, Director
Bureau of Legal Services
Department of Workforce Development
Worker's Compensation
Division
P. O. Box 7901
Madison, WI
53707-7901
Telephone: (608) 267-6704
Place where comments are to be submitted and deadline for submission
James T.
O'Malley, Director
Bureau of Legal Services
Department of Workforce Development
Worker's Compensation
Division
P. O. Box 7901
Madison, WI 53707-7901
Telephone: (608) 267-6704
The department
will hold a hearing on April 28, 2015 and public comments will be accepted until May 1, 2015.
SECTION 1. DWD 80.13 is created to read:
DWD 80.13 Audio recording of formal hearings.
(1) (a) A party to a claim may audio record the proceedings of a formal hearing in a non
-
disruptive and non
-
obstructive manner.
(b) A party shall
provide
verbal notice of audio recording
the proceedings of
a formal hearing to the presiding administrative law judge and all other parties in attendance before audio recording of the
hearing
begin
s
.
(
c) The presiding administrative law judge shall determine if audio recording of the
proceedings of the
formal hearing disrupts or obstructs the hearing.
(d) The presiding administrative law judge may set conditions for audio recording of a formal hearing to avoid disruption or obstruction of the hearing.
(e) The audio recording of the proceedings of a formal hearing does not constitute the official record of the
hearing.
The official transcript and record of the proceedings of a formal hearing
are provided under s.
102.15
(3)
, Stats.
S
ection
2
. Effective date and initial applicability.
This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided under s.
227.22 (2) (intro.)
.
