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Board of Regents of the University of Wisconsin System v. State6/28/2002
s in the record and the legal basis (the civil service code, due process concerns, Tracy, and waiver) which the Commission relied on support its decision to exclude the after-acquired evidence in this case. Accordingly, we hold that the Commission's decision to exclude the after-acquired evidence was not an erroneous exercise of discretion.
III.
. The second issue that we address is whether the Commission erred in denying fees and costs to Brenon for successfully defending claims of wrongful termination on his misconduct involving the telling of racial and sexist jokes. Brenon sought fees and costs pursuant to statute. He is entitled to fees and costs unless UWM can show that it was "substantially justified in taking its position . . . ." Wis. Stat. § 227.485(3). "Substantially justified" means "having a reasonable basis in fact and law." Wis. Stat. § 227.485(2)(f). To meet this burden, UWM must show (1) a reasonable basis and truth for the facts alleged; (2) a reasonable basis and law for the theory propounded; and (3) a reasonable connection between the facts alleged and the legal theory advanced. See Sheely v. DHSS, 150 Wis. 2d 320, 337, 442 N.W.2d 1 (1989). The Commission concluded that UWM had met this burden and denied costs to Brenon. We now review this decision by the Commission.
. The question of whether UWM was substantially justified in its position requires an interpretation of the statute. Statutory interpretation presents a question of law. See Dodgeland Educ. Ass'n v. WERC, 2002 WI 22, , 250 Wis. 2d 357, 639 N.W.2d 733. As mentioned, there are three levels of deference under which we review questions of law: "great weight," "due weight," and de novo. Id. We conclude that the Commission's decision is entitled to great weight deference on this issue.
. An agency's conclusions on questions of law are entitled to great weight deference when (1) the agency is charged by the legislature with the duty of administering the statute; (2) the interpretation of the statute is long-standing; (3) the agency employed its expertise or specialized knowledge in forming the interpretation; and (4) the agency's interpretation will provide uniformity and consistency in the application of the statute. Kannenberg v. LIRC, 213 Wis. 2d 373, 384, 571 N.W.2d 165 (Ct. App. 1997). In this case, UWM and the Commission have provided numerous instances in which the Commission has applied this statute, showing its long-standing experience. In addition, in such instances, the Commission employs its expertise and knowledge in interpreting the statute, determining whether agencies are substantially justified in taking its position. Finally, the Commission's interpretation will provide consistency in application of this statute. For these reasons, we conclude that the Commission's interpretation is entitled to great weight deference. Accordingly, we uphold the Commission's interpretation of the statute if it is not contrary to the clear meaning of the statute, even if another interpretation is more reasonable. Id. In other words, we will uphold the Commission's decision if it has "'any rational basis.'" Dodgeland, 2002 WI 22, (citation omitted).
. The Commission concluded that UWM was substantially justified in its position. In reaching this determination, it first examined its decision to reject the ten-day suspension issued against Brenon. It noted that its key reason for finding no just cause for the suspension was that UWM failed to provide sufficient pre-disciplinary process to satisfy due process and statutory requirements. The primary reason for such notice, the Commission concluded, is to provide an opportunity for the employee to respond to the alleged misconduct
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