Section 113.02. Settlement.

 

(1)  Under s. 108.10 (8) , Stats., the department may settle in whole or in part:

(a) Any determination which has been appealed, which has not become final and which has been referred from the bureau of tax and accounting to the bureau of legal affairs; and

(b) Any decision or action which has not become final.

(2)  Settlement shall be based upon advice of counsel for the unemployment compensation division, who shall certify that, after having fully investigated the matter, it is his or her opinion that one or more of the following conditions exists:

(a) The department has made an error of law or fact which, if corrected, would negate or change the initial determination issued in the case.

(b) Given the available evidence, there is significant doubt as to the ability of the department to prevail in the dispute with respect to one or more specific issues and there is little or no likelihood of producing sufficient additional evidence in favor of the department regarding the issues prior to or at a hearing under s. 108.10 (2) , Stats.

(c) Prior to a hearing under s. 108.10 (2) , Stats., the department has discovered additional relevant and material evidence which would negate or change the initial determination in the case.

(d) Given the evidence in the record or the nature of a decision at a lower level, or both, there is significant doubt as to the ability of the department to prevail on appeal with respect to one or more specific issues.

(e) All or part of any interest liability was incurred as a result of undue delay on the part of the department such that there is valid reason to cancel that liability.

(f) There are valid legal defenses of estoppel or laches against the department as to all or part of the initial determination(s).

(3)  A settlement may be implemented by any one or more of the following methods:

(a) Under s. 108.10 (1) , Stats., the department may amend any initial determination affected by the settlement prior to a hearing on the determination(s).

(b) Under s. 108.10 (1) , Stats., the department may set aside the applicable initial determination(s) prior to a hearing on the determination(s) and issue whatever new initial determination(s) are necessary to reflect the terms of the settlement.

(c) The department and the opposing party may enter into a written stipulation which sets forth the terms of the settlement. The stipulation is subject to the approval of the administrative law judge assigned to the case.

(d) The opposing party may withdraw all or part of the appeal of the department's initial determination(s).

History: Cr. Register, February, 1994, No. 458 , eff. 3-1-94.