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Chapter HA 1
PROCEDURE AND PRACTICE FOR CONTESTED CASES
HA 1.01   Application of this chapter.
HA 1.02   Definitions.
HA 1.03   Service of documents.
HA 1.04   Appeals.
HA 1.05   Notice of hearing.
HA 1.06   Place of hearings.
HA 1.07   Changes in time or place of hearing; adjournments; failures to appear.
HA 1.08   Participation.
HA 1.09   Witnesses and subpoenas.
HA 1.10   Preservation of testimony, discovery and summary judgment.
HA 1.11   Conferences.
HA 1.12   Conduct of hearings.
HA 1.13   Rules of evidence.
HA 1.14   Close of hearing.
HA 1.15   Transcripts.
HA 1.16   Briefs.
HA 1.17   Decision.
HA 1.18   Review.
Ch. HA 1 Note Note: This chapter replaces the rules promulgated by the Nursing Home Forfeiture Appeals Board which were repealed effective September 1, 1985.
Ch. HA 1 Note Note: Chapter HA 1 as it existed on December 31, 2002 was repealed and a new chapter HA 1 was created effective January 1, 2003.
HA 1.01 HA 1.01 Application of this chapter.
HA 1.01(1) (1) Adoption. This chapter is adopted pursuant to ss. 15.03, 227.11 (2) (a) and 227.43, Stats.
HA 1.01(2) (2)Application. This chapter shall apply in all contested cases proceedings and hearings before the division of hearings and appeals under ch. 227, Stats., except as specifically provided otherwise. In addition, these rules shall apply if authorized under the terms of any contract the division enters into under s. 227.43 (1m), Stats. Agencies for which the division conducts proceedings, including, but not limited to the departments of natural resources, health and family services, employee trust funds and justice, may have specific administrative code provisions or administrative decisions that govern the conduct of those proceedings. In the event of a conflict between this chapter and an agency administrative code provision or administrative decision, the agency administrative code provision or administrative decision is controlling.
HA 1.01(3) (3)Exclusions. This chapter does not apply to corrections hearings conducted pursuant to ch. HA 2, fair hearings conducted pursuant to ch. HA 3, or hearings conducted pursuant to s. 115.80, Stats.
HA 1.01 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.
HA 1.02 HA 1.02 Definitions. For purposes of this chapter:
HA 1.02(1) (1) "Administrative law judge" means an administrative hearing examiner employed by the division of hearings and appeals.
HA 1.02(2) (2) "Administrator" means the administrator of the division of hearings and appeals.
HA 1.02(3) (3) "Agency" means the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.
HA 1.02(4) (4) "Appeal" means a pleading, petition or application made by an appellant.
HA 1.02(5) (5) "Appellant" means an applicant, complainant or petitioner.
HA 1.02(6) (6) "Division" means the division of hearings and appeals.
HA 1.02(7) (7) "Official of the agency" means the head of an agency.
HA 1.02(8) (8) "Party" means a person or agency named or admitted as a party in a contested case.
HA 1.02(9) (9) "Preponderance of the evidence" means the greater weight of the credible evidence.
HA 1.02 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.
HA 1.03 HA 1.03 Service of documents.
HA 1.03(1) (1) By the division. The division may serve decisions, orders, notices and other documents by first class, certified, registered or inter-departmental mail or by facsimile transmission.
HA 1.03(2) (2)By a party. Materials filed by a party with the division may be served personally or by first class, certified or registered mail, inter-departmental mail or by facsimile transmission. All correspondence, papers or other materials filed by a party shall be served on the same date by that party on all other parties to the proceeding. Service is complete upon mailing. No affidavit of mailing, certification, or admission of service need be filed with the division.
HA 1.03(3) (3)Filing date.
HA 1.03(3)(a)(a) Materials mailed to the division shall be considered filed with the division on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date they are received by the division.
HA 1.03(3)(b) (b) For materials transmitted to the division by facsimile, the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document shall determine the date and time of filing or of service on the division or the administrative law judge. Documents received after midnight local time shall be deemed filed on the first following business day.
HA 1.03 Note Note: The mailing address of the division is:
HA 1.03 Note 5005 University Avenue
HA 1.03 Note Suite 201
HA 1.03 Note Madison, Wisconsin 53705-5400
HA 1.03 Note The facsimile transmission number of the division is:
HA 1.03 Note (608) 264-9885
HA 1.03 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.
HA 1.04 HA 1.04 Appeals.
HA 1.04(1)(1) Form. Appeals shall be in writing and shall conform to the applicable statute as to form, content, number of signatories and verification.
HA 1.04(2) (2)Content. Appeals shall contain the following information:
HA 1.04(2)(a) (a) The name and address of the appellant;
HA 1.04(2)(b) (b) a description of the action that is being contested, the effective date of the action and, if possible, a copy of the document that prompted the action;
HA 1.04(2)(c) (c) a concise statement of the reasons for objecting to the action;
HA 1.04(2)(d) (d) what type of relief the appellant is seeking;
HA 1.04(2)(e) (e) the name and address of any person who may be expected to appear on behalf of the appellant;
HA 1.04(2)(f) (f) a request for hearing.
HA 1.04(3) (3)Filing and service. All appeals shall be filed within the time specified by statute or administrative code or, where no time is specified, within 30 days of the date of the order or decision to be reviewed. Appeals shall be filed and served in accordance with s. HA 1.03.
HA 1.04(4) (4)Additional information. The division may request additional information concerning an appeal filed under this section and may deny any such petition, complaint or request where the information required or requested is not timely provided.
HA 1.04 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.
HA 1.05 HA 1.05 Notice of hearing.
HA 1.05(1) (1) Form. The notice of hearing shall be in writing, with a title identifying the matter to be set for hearing and the docket number.
HA 1.05(2) (2)Content. The notice of hearing shall contain the following information:
HA 1.05(2)(a) (a) The date, time and location of the hearing;
HA 1.05(2)(b) (b) The statutory authority for the hearing;
HA 1.05(2)(c) (c) A short summary of the matter to be considered;
HA 1.05(2)(d) (d) The class of the contested case in accordance with s. 227.01 (3), Stats.;
HA 1.05(2)(e) (e) Other information as the division or the administrative law judge deems appropriate.
HA 1.05 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.
HA 1.06 HA 1.06 Place of hearings. Unless otherwise specifically provided by law, all hearings shall be held at the offices of the division or at the location designated by the administrative law judge. Hearings may be conducted outside the offices of the division at the discretion of the administrative law judge. Within the discretion of the administrative law judge, prehearing and other conferences may be conducted by telephone and witness testimony at hearing may be allowed to be by telephone, if necessary and desirable.
HA 1.06 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.
HA 1.07 HA 1.07 Changes in time or place of hearing; adjournments; failures to appear.
HA 1.07(1) (1) Changes. Requests for changes in the time and place of a scheduled hearing will be granted only for good cause. A request received after any required newspaper publication or legal notice will be rescheduled only if the person requesting the change bears the cost of such change and the administrative law judge deems such change appropriate under the circumstances presented.
HA 1.07(2) (2)Adjournment. The administrative law judge may adjourn a hearing for good cause and the hearing shall be reset or reconvened at his or her discretion.
HA 1.07(3) (3)Failure to appear.
HA 1.07(3)(a)(a) If an appellant fails to appear at a hearing following due notice, the administrative law judge may dismiss the appeal unless the appellant shows good cause for the failure to appear. If an appellant fails to submit proof of publication and notice as required by statute, the administrative law judge may dismiss the appeal and cancel the hearing.
HA 1.07(3)(b) (b) If a respondent fails to appear, the administrative law judge may take testimony and issue, modify or rescind an order or take the allegations in an appeal as true as may be appropriate, unless good cause is shown for the failure to appear.
HA 1.07(3)(c) (c) For a telephone or video hearing or prehearing, the administrative law judge may find a failure to appear grounds for default if any of the following conditions exist for more than ten minutes after the scheduled time for hearing or prehearing conference: (1) The failure to provide a telephone number to the division after it had been requested; (2) the failure to answer the telephone or videoconference line; (3) the failure to free the line for the proceeding; (4) the failure to be ready to proceed with the hearing or prehearing conference as scheduled.
HA 1.07 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.
HA 1.08 HA 1.08 Participation. Any person desiring to participate in a proceeding before the division, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance by giving his or her name and address, the name and address of any party being represented, and the capacity in which he or she is representing such party. A person may enter his or her appearance either prior to or at the commencement of a contested case hearing unless otherwise directed in the notice of hearing.
HA 1.08 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.
HA 1.09 HA 1.09 Witnesses and subpoenas. An attorney may issue a subpoena to compel the attendance of witnesses under the procedure provided by s. 805.07, Stats. The division or the administrative law judge may also issue subpoenas to compel the attendance of witnesses at hearings or discovery proceedings under this section. An attorney may issue a subpoena requiring the production of material if he or she specifies the material to be presented by the subpoenaed witness. Sections 814.67, 885.06 and 885.07, Stats., shall govern the payment of witness fees and expenses.
HA 1.09 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.
HA 1.10 HA 1.10 Preservation of testimony, discovery and summary judgment.
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