Section 140.01. Hearings and appeals.

 

(1)   Appeal rights. Any party to a determination issued under ss. 108.09 or 108.10 , Stats., has the right to an appeal. An appeal as to any matter in a determination is a request for hearing and shall be filed with the department by the appellant or its representative. Each determination issued under ss. 108.09 or 108.10 , Stats., shall specify the time limit within which any appeal is required to be filed with the department under ch. 108 , Stats.

(2)   Time limit for filing.

(a) An appeal shall be filed after a copy of the determination is mailed or given to a party, whichever first occurs, as specified under ss. 108.09 or 108.10 , Stats. If a party first receives a determination after the statutory appeal period has expired and through no fault of that party, the statutory appeal period as specified under ss. 108.09 or 108.10 , Stats., shall extend from the date the party receives the determination. An appeal received within these time limits is timely filed. If the deadline for filing an appeal falls on a Saturday, Sunday, any of the holidays enumerated under ss. 230.35 (4) (a) and 995.20 , Stats., or any other day on which mail is not delivered by the United States postal service, then the deadline shall be extended to include the next business day.

(b) An appeal shall be filed with any of the following:

1. An unemployment insurance office.

2. A hearing office.

3. The central administrative office of the bureau of legal affairs, unemployment insurance division, department of workforce development.

4. An appeal by an interstate claimant may also be filed at a public employment office in the agent state under s. 108.14 (8) , Stats., in the manner prescribed for timely filing with the department under this section.

(c) An appeal shall be considered filed on the earliest of the following dates:

1. The date on which the department actually receives the written appeal.

2. If the appeal was mailed and bears only a United States postal service postmark, on the date of that postmark.

3. If the appeal was mailed and bears both a United States postal service postmark and a private meter mark, on the date of the United States postal service postmark.

4. If the appeal was mailed and bears only a private meter mark, on the date of the of the private meter mark.

5. If the appeal was mailed and bears no United States postal service postmark, no private meter mark, or an illegible mark, 2 business days prior to the date the appeal was actually received by the department.

6. If the appeal was sent using a delivery service other than the United States postal service, on the date the department actually receives the appeal.

7. If the appeal was faxed, the date of transmission recorded on the faxed appeal. If the fax is received without a date of transmission recording, the date actually received by the department is presumed to be the date of transmission.

Cr. Register, November, 1985, No. 359 , eff. 12-1-85; r. and recr., Register, June, 1997, No. 498 , eff. 7-1-97 ; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 2000, No. 537 ; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618 .

Note

The address for the central administrative office of the bureau of legal affairs, unemployment insurance division, department of workforce development, is 201 E. Washington, room 331X, P.O. Box 8942, Madison, Wisconsin 53708-8942. Microsoft Windows NT 6.1.7601 Service Pack 1