Current through November 27, 2023
(1) Notwithstanding s.
230.44(3),
Stats., and s.
PC 3.01, payment
of a fee or filing of a hardship affidavit in lieu of fee payment is required
for appeals subject to the fee payment of s.
230.45(3),
Stats.
Note: Appeals subject to the fee payment of s.
230.45(3),
Stats., include appeals filed under:
1) s.
230.44(1) (a),
Stats. (relating to personnel decisions made or delegated by the administrator
of the Division of Merit Recruitment and Selection),
2) s.
230.44(1) (b),
Stats. (relating to personnel decisions made or delegated by the Director of
the Office of State Employment Relations - including classification
decisions),
3) s.
230.45(1) (c),
Stats. (relating to final step arbitration under s.
230.04(14),
Stats.), or
4) s.
230.45(1) (e),
Stats. (relating to the county merit system rules under s. 49.50, Stats.).
Note: Section
230.45(1) (e),
Stats., was repealed by 2009 Wis. Act 212.
Note: Section 49.50, Stats., was repealed by 2011
Wis. Act 32.
(2)
Except as provided under sub. (6), the commission may take no action to resolve
an appeal for which the payment of a fee is required until the commission
receives the fee or hardship affidavit as required under this
section.
(3) PAYMENT OF FEES.
(a)
Fee amount. Except as
provided for hardship cases in subs. (4) and (5), the fee for filing an appeal
with the commission is $50.00.
(b)
How fees are paid. Fees shall be paid by money order,
certified check, cashier's check or bank check made payable to the "State
Treasurer of Wisconsin" and must be received, whether in person or by mail, at
the commission's offices. Fees may not be paid in cash, by personal check or in
installments.
Note: The fee requirements of this section apply
to each appellant who submits an appeal, whether such submission is alone or in
conjunction with other appellants.
(4) EXCEPTIONS FOR HARDSHIP CASES.
(a)
Income definition.
"Income" means total annual cash receipts before taxes from all sources,
including but not limited to: money wages before any deductions; net receipts
from self-employment; regular payments from social security, retirement,
unemployment compensation, workers' compensation, veterans' payments, and
public assistance; alimony; child support; college or university scholarships,
grants, fellowships and assistantships; and net rental income. Excluded are
noncash benefits such as the employer-paid portion of health insurance or other
employee fringe benefits, food or housing received in lieu of wages, and such
noncash federal benefit programs as food stamps, school lunches and housing
assistance.
(b)
The
hardship exception. An appellant may qualify for a hardship exception
if either of the following conditions are met:
1. The appellant's income is at or lower than
the federal poverty level as defined by the federal department of labor under
42 USC
9902(2), and where the
appellant has cash resources totalling exactly or less than one month's rent
and food for appellant's family.
2.
Similar circumstances exist which demonstrate that appellant is unable to pay
the filing fee without suffering severe financial hardship.
Note: The 1995 poverty guidelines were published
in the Federal Register, Vol. 60, #27, Thursday, February 9, 1995. The poverty
level for a family unit of one was set at $7,470, with an additional $2,560
added for each additional family member.
(c)
Entitlement to the hardship
exception. An appellant may demonstrate entitlement to the hardship
exception by completing and timely filing a notarized affidavit stating that
the appellant meets one of the conditions set forth in par. (b).
(d)
Penalty for affidavit made in bad
faith. The commission may dismiss an appeal on the merits if it
determines that the appellant falsified a hardship affidavit to avoid payment
of the filing fee.
Note: Falsification of a hardship affidavit also
might be considered as a Class D felony, under s.
946.31(1) (e),
Stats.
(5) TIME
LIMITS FOR PAYING FEES.
(a)
Requirements at time of filing. Except as provided under par.
(b), the fee or the hardship affidavit for filing an appeal shall be received
by the commission at the time the appeal is filed.
(b)
Exceptions; time limits.
1. If an appeal is filed without each
appellant enclosing either the fee payment or hardship affidavit, the
commission shall send each remiss appellant a letter advising of the
requirement to either pay the fee or to submit a hardship affidavit.
2. A fee payment meeting the requirements of
sub. (3) (a) and (b), received by the commission within 30 days of the date
appearing on the commission's letter mailed under subd. 1., will be considered
a timely paid fee. Alternatively, a hardship affidavit meeting the requirements
of sub. (4) (b) and (c) received by the commission within 30 days of the date
appearing on the commission's letter will be considered to meet the
requirements of this section.
(c)
Exceptions; defective hardship
affidavit.1. An appellant whose
initial hardship affidavit does not meet the requirements of this section shall
be sent a letter from the commission which provides an opportunity to
resubmit.
2. A hardship affidavit
meeting the requirements of sub. (4) (b) and (c) received by the commission
within 30 days of the date appearing on the commission's letter mailed under
subd. 1., shall be considered to meet the requirements of this section.
Alternatively, a fee payment meeting the requirements of sub. (3) (a) and (b),
which is received by the commission within 30 days of the date appearing on the
commission's letter shall be considered to meet the requirements of this
section.
(6)
EFFECT OF FAILING TO TIMELY FILE FEE PAYMENT OR HARDSHIP AFFIDAVIT. The
commission shall dismiss without prejudice the appeal of any appellant who has
failed to submit the required fee payment or hardship affidavit within the time
limits under sub. (5).
(7) REFILED
APPEALS. The filing date for an appeal which is refiled after dismissal under
sub. (6), shall be determined by the date upon which the commission receives
the refiled action rather than the filing date of the initial appeal.
Cr. Register, May, 1996,
No. 485, eff. 6-1-96.
For example, where an initial appeal was filed on January 7,
1995, and was later dismissed by the commission for nonpayment of fees, the
filing date for the refiled appeal would be the date the commission receives
the refiled appeal, rather than January 7, 1995.
