Section 140.22. Standard affidavit form.

 

(1)   In general.

(a) Personal knowledge is the recognition of facts through firsthand observation or experience.

(b) Information and belief is not based on firsthand observation or experience but is based on secondhand information that is sworn as true.

(c) The department's standard affidavit form for appeals under ss. 108.09 and 108.10 , Stats., is available at the department's website or by requesting a copy from the hearing office.

(2)   Affidavit requirements.

(a) An affidavit must contain all of the following information:

1. The name and address of the affiant.

2. The signature or mark of the affiant.

3. The date the statement was sworn.

4. The signature or mark of the notary public or other person authorized by law to verify sworn statements.

5. The county and state where the statement was sworn.

(b) An affidavit based upon information and belief must state the source of the information and the grounds for the belief.

(3)   Procedure.

(a) A party may submit an affidavit as a potential exhibit by simultaneously delivering the affidavit to the hearing office and a copy to the other party. The administrative law judge conducting the hearing may refuse to consider an affidavit not received by the hearing office and the other party at least 3 days prior to the hearing.

(b) At the hearing, the administrative law judge may accept the affidavit as evidence as provided under s. DWD 140.16 .

CR 13-106 : cr. Register July 2014 No. 703 , eff. 8-1-14.

Note

The standard affidavit form can be found at the department's website: http://www.dwd.wisconsin.gov or by contacting any of the following hearing offices: Microsoft Windows NT 6.1.7601 Service Pack 1 Eau Claire Hearing Office Microsoft Windows NT 6.1.7601 Service Pack 1 715 S. Barstow Street, Suite #1 Microsoft Windows NT 6.1.7601 Service Pack 1 Eau Claire, WI 54701 Microsoft Windows NT 6.1.7601 Service Pack 1 Fox Valley Hearing Office Microsoft Windows NT 6.1.7601 Service Pack 1 54 Park Place, Suite 800 Microsoft Windows NT 6.1.7601 Service Pack 1 Appleton, WI 54914 Microsoft Windows NT 6.1.7601 Service Pack 1 Madison Hearing Office Microsoft Windows NT 6.1.7601 Service Pack 1 3319 W. Beltline Hwy., Room E308 Microsoft Windows NT 6.1.7601 Service Pack 1 P.O. Box 7975 Microsoft Windows NT 6.1.7601 Service Pack 1 Madison, WI 53707-7975 Microsoft Windows NT 6.1.7601 Service Pack 1 Milwaukee Hearing Office Microsoft Windows NT 6.1.7601 Service Pack 1 819 N. 6 th Street, Room 382 Microsoft Windows NT 6.1.7601 Service Pack 1 Milwaukee, WI 53203 Microsoft Windows NT 6.1.7601 Service Pack 1