12.2.8  Testimony and Evidence

Once the FEPFinancial and Employment Planner or other W-2Wisconsin Works agency representative has presented documentation to support the agency's action, the Fact Finder must give the Petitioner An individual requesting a Fact Finding or Departmental review. the opportunity to rebut the information.  If credibility is an issue, the Fact Finder must determine which party was most credible based on testimony and evidence presented during the Fact Finding Review.  Factors used to weigh the evidence include:

·        Was testimony or evidence in conflict with other testimony or evidence in the record?

·        Does the individual have firsthand knowledge?

·        Does the individual appear to be telling the truth?

·        Will he or she benefit from hiding the truth?

·        Has evidence been presented that the person providing testimony has been unreliable or inconsistent in the past?

At the conclusion of the Fact Finding Review, the Fact Finder must ask all parties to sign the form Documents Submitted at Fact Finding Review (370).  This form is used to list all evidence/documentation submitted and, to capture the signature of each person attending the Fact Finding Review, swearing to the accuracy or his or her individual testimony.   

If the Fact Finder determines that additional documentation may exist that will support statements made during the Review, the Fact Finder may hold the record open for a specified number of days to allow the submission of the additional documentation.  However, no new information may be submitted by the agency unless the petitioner is offered an opportunity to rebut the new information.

History: Release 14-02; Release 13-02; Release 11-03.