1. (1) Election to proceed by arbitration.

   1. (a) An appellant in a classification appeal may elect to proceed by arbitration hearing rather than by contested case hearing. Except as permitted in par. (b), an appeal shall proceed by contested case hearing if the appellant fails to make an election at the prehearing conference and fails to make an election by any later date set by the commission.
   2. (b) A decision to proceed by arbitration hearing or by contested case hearing made under par. (a), can be changed only upon agreement of the parties and with approval of the arbitrator.

   3. (c) Where consolidation of more than one classification appeal is requested by any party or the commission, such request shall be granted unless appellants disagree on whether to proceed by arbitration hearing or by contested case hearing, or unless the commission determines that the requested consolidation is undesirable for other reasons.

      Note: This provision clarifies that all appellants must agree to proceed in the same manner (for example, all agree to proceed by arbitration, or all agree to proceed by formal hearing) as a prerequisite to consolidation.

2. (2) Disclosure of witness lists and exhibits. Each party shall file and serve on the opposing party and on the commission, a list of witnesses and copies of exhibits. These materials shall be received by the commission and by the opposing party at least 3 working days prior to the arbitration hearing. The arbitrator may bar any evidence which the offering party failed to timely disclose under this subsection.

   Note: For example, compliance with the “3 working days” requirement in s. ERC 95.02 (2), means that the commission and opposing party must each receive a party’s witness list and copies of exhibits no later than 4:30 p.m. on the Thursday preceding a Tuesday hearing, where neither that Thursday, nor the intervening Friday or Monday, is a legal holiday listed in s. 230.35 (4) (a), Stats.

History

History: Cr. Register, May, 1996, No. 485, eff. 6-1-96.