12.2.8 Testimony and Evidence

Once the FEPFEPFinancial and Employment Planner or other W-2W-2Wisconsin Works agency representative has presented documentation to support the agency's action, the Fact Finder must give the PetitionerAn individual requesting a Fact Finding or Departmental review. or their representative an opportunity to present their 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.

At the conclusion of the Fact Finding Review, the Fact Finder must ask all parties to sign the Documents Submitted at Fact Finding Review form (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 of their 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 for submission of additional documentation. However, no new information may be submitted by the agency unless the petitioner is offered an opportunity to rebut the new information.