Section 11.14. Petition for rehearing.

 

(1)   Time limits; address. A party aggrieved by the final decision may file a petition for rehearing within 20 days after notice of the final decision is mailed. The petition for rehearing is subject to the following requirements:

(a) The petition shall be mailed to the appropriate board in care of the appeals coordinator, department of employee trust funds. Alternatively, the petition may be personally served on a person designated by the board as its agent to accept personal service.

(b) The petition is deemed filed on the date it is received.

(c) The petition shall be disposed of within 30 days of its filing. The petition is deemed denied if not otherwise disposed of within 30 days of its filing.

(2)   Grounds. The board or, when delegated under sub. (4) , the hearing examiner may grant a rehearing but only on the basis of one or more of the following:

(a) A material error of law.

(b) A material error of fact.

(c) The discovery of new evidence no later than 20 days after notice of the final decision is mailed that is sufficiently strong to reverse or modify the original decision, which could not have been previously discovered by due diligence.

(3)   Contents. The petition for rehearing shall specify, in detail, the grounds for the relief requested, including the specific, material error of fact or law or the newly discovered evidence and cite supporting legal authorities for granting the petition.

(4)   Decision on petition. The board chair shall determine whether the petition shall be added to the agenda of the next board meeting or whether to delegate final authority to decide the petition to the hearing examiner who presided over the appeal. The parties to the appeal shall immediately be notified of the decision to grant or deny the petition. If the board itself considers and grants the petition, the appeal will be referred to a hearing examiner and proceedings conducted under sub. (6) . If the decision is delegated to the hearing examiner:

(a) The board staff shall immediately forward the petition for rehearing and the record to the hearing examiner, who shall consider and grant or deny the petition within 20 days.

(b) No hearing on the petition is required.

(c) If the hearing examiner grants the rehearing, the examiner shall proceed to rehear the case under sub. (6) .

(d) The examiner's decision to deny the petition is the final decision of the board.

(5)   Board motion. The board may order a rehearing on its own motion within 20 days of service of the final order.

(6)   Conduct of rehearing. A rehearing, if granted, shall be conducted as soon as practicable.

(a) The proceedings shall conform to those for the original hearing, except as the board or hearing examiner may otherwise direct.

(b) If, after the rehearing, the original decision appears unreasonable or unlawful, the hearing examiner shall prepare for the consideration of the board a proposed decision reversing, changing or modifying the original final decision. The board shall consider the examiner's proposed decision at a subsequent board meeting and issue a final decision as provided in s. ETF 11.12 .

History: Cr. Register, June, 1992, No. 438 , eff. 7-1-92; CR 11-044 : am. (2) (c), (4) (intro.) Register July 2012 No. 679 , eff. 8-1-12.

Note

The board requests that, whenever possible, a party limit the petition for rehearing to no more than 6 pages. Another party responding for or against the petition is requested, whenever possible, to limit the response to no more than 4 pages. Microsoft Windows NT 6.1.7601 Service Pack 1