Wisconsin Administrative Code
Department of Veterans Affairs
Chapter VA 1 - General Provisions
Section VA 1.03 - Procedure for appeals by applicants for benefits

Universal Citation: WI Admin Code ยง VA 1.03

Current through February 27, 2023

(1) APPEALABLE ACTIONS. An applicant for benefits from the department may appeal a decision of the department concerning an application. Any applicant for benefits whose benefits have been suspended pursuant to s. 45.03(16), Stats., may appeal such suspension.

(2) APPLICATIONS PENDING APPEAL FOR DENIAL OF SUSPENSION OF BENEFITS. During the pendency of an appeal of a suspension of benefits from the department, no decision shall be issued by the department concerning any of the appellant's applications for benefits from the department that were pending in the department at the time of the decision to suspend benefits, or that are submitted by the applicant during the pendency of the appeal even if the decision is not related to the matter being appealed. If the final decision in the appeal affirms the suspension of benefits, the department may deny any of the appellant's applications. If the final decision in the appeal reverses the suspension of benefits, the department shall then determine whether the applications should be approved.

(3) TIME AND MANNER FOR FILING APPEAL. An appeal shall be in writing and shall be filed with the department within 60 calendar days after the date of the department's decision. Any questions about time computations for procedural matters shall be resolved by reference to s. 801.15(1), Stats.

Note: The address to deliver an appeal is: Department of Veterans Affairs, 2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843.

(4) CONDUCT OF HEARING. The hearing on the appeal shall be held before a hearing examiner designated by the department in accordance with all of the following:

(a) The hearing examiner shall have the powers enumerated under s. 227.46, Stats.

(b) The department shall present evidence first unless the hearing examiner varies the order of proceeding in the interest of obtaining the most cogent presentation of the case.

(c) The department may schedule an appellant to appear at an in-person or telephonic hearing.

(d) An appellant may appear with or without counsel or by counsel or other agent of the appellant's choice. If an appellant intends to be represented by counsel, the counsel shall file a notice of appearance with the department.

(5) EVIDENCE. In accordance with s. 227.45, Stats., the hearing examiner may not be bound by common law or statutory rules of evidence. Parties may stipulate to some or all of the facts, and the hearing examiner may base the proposed decision upon the stipulation. All exhibits shall be marked and made available for inspection by the opposing party before being shown to a witness, unless the exhibit shall have been marked and a copy made available to the opposing party prior to hearing.

(6) RECORD OF APPEAL. A stenographic, electronic, or other record of the hearing shall be kept, and shall be transcribed at the request of any party. Such transcription shall be at the department's expense if the purpose for transcription is deemed reasonable to the department's or hearing examiner's satisfaction. Copies of the tape recordings, transcripts, or other record shall be furnished to any party upon request at the cost of production to the department, except that copies may be provided free of charge to parties who can demonstrate that they are indigent.

(7) PROPOSED DECISION. The hearing examiner shall issue a proposed written decision to the department, including findings of fact, conclusions of law, order, and opinion pursuant to s. 227.46(2), Stats. The proposed decision shall be served on all parties at least 20 calendar days before it is submitted to the department for final decision unless all parties waive the 20 calendar day period. Each party adversely affected may file objections to the proposed decision, briefly stating the reasons and authorities for each objection, and may file a brief and present oral argument to the department at the time scheduled for a hearing.

(8) FINAL DECISION. The department shall issue in writing the final decision, findings of fact, and conclusion of law.

(9) PETITION FOR REHEARING. A party aggrieved by a final decision may petition the department for a rehearing pursuant to s. 227.49, Stats. Any other party shall have 20 days from the date the petition for rehearing is mailed to them at their last known address to file a reply to the petition. The department shall grant or deny a petition for a rehearing in accordance with s. 227.49, Stats.

Cr. Register, March, 1965, No. 111, eff. 4-1-65; r. and recr., Register, January, 1984, No. 337, eff. 2-1-84; am. (4) to (7) and (9), Register, February, 1989, No. 398, eff. 3-1-89; am. (7) to (9), Register, May, 1990, No. 413, eff. 6-1-90; correction in (3) made under s. 13.93(2m) (b) 6, Stats., Register, June, 1992, No. 438.

Amended by, CR 20-011: am. (1) to (3), renum. (4) to (4) (intro.), (a) to (d) and am., am. (5), (7) to (9) Register September 2021 No. 789, eff. 10/1/2021

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.