Register April 2016 No. 724
Chapter TCS 4
ADMINISTRATIVE HEARING PROCEDURES
TCS 4.01   Definitions.
TCS 4.02   Communications and documents addressed to the board.
TCS 4.03   Location of hearing.
TCS 4.04   Parties.
TCS 4.05   Service of papers and documents.
TCS 4.06   Form and style of pleadings.
TCS 4.07   How proceedings instituted.
TCS 4.08   Contents of petition for review.
TCS 4.09   Contents of application.
TCS 4.10   Notice of hearing.
TCS 4.11   Prehearing conferences.
TCS 4.12   Conduct of hearings.
TCS 4.13   Appearances.
TCS 4.14   Order of presenting evidence.
TCS 4.15   Evidence and official notice.
TCS 4.16   Defaults.
TCS 4.17   Subpoenas and witnesses.
TCS 4.18   Record of hearings.
TCS 4.19   Stipulations.
TCS 4.20   Motions.
TCS 4.21   Oral statements and arguments.
TCS 4.22   Briefs.
TCS 4.23   Decisions.
TCS 4.24   Petition for rehearing.
Ch. TCS 4 Note Note: Chapter A-V 4 was renumbered chapter VTAE 4, Register, September, 1985, No. 357, eff. 10-1-85; chapter VTAE 4 was renumbered chapter TCS 4 under s. 13.93 (2m) (b) 1., Stats., Register, June, 1994, No. 462.
TCS 4.01 TCS 4.01Definitions.
TCS 4.01(1) (1) “ Board" means the technical college system board.
TCS 4.01(3) (3) “Code" means the Wisconsin Administrative Code.
TCS 4.01(4) (4) “District" means a technical college district.
TCS 4.01(5) (5) “Hearings" means both hearings and rehearings and this chapter shall cover both so far as applicable, except where otherwise specifically provided for by statute or this chapter.
TCS 4.01(6) (6) “State director" includes the designee of the state director whenever detailed by the state director or discharging the duties and exercising the powers of the state director on appeals and hearings during his or her absence.
TCS 4.01(7) (7) “Statutes" means the Wisconsin Statutes.
TCS 4.01 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (2), Register, September, 1985, No. 357, eff. 10-1-85; correction in (1), (2) and (4) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: r. (2) Register April 2016 No. 724, eff. 5-1-16.
TCS 4.02 TCS 4.02Communications and documents addressed to the board.
TCS 4.02(1) (1) All written communications and documents, submitted pursuant to this chapter, should be addressed to the State Director, Wisconsin Technical College System Board. All documents and communications delivered at the office of the state director are officially received.
TCS 4.02(2) (2) The state director may designate agents to receive written communications and documents. Hearing examiners will receive communications and documents at hearings.
TCS 4.02(3) (3) Office hours are those listed in s. 230.35 (4) (f), Stats. Offices are closed on Saturdays and Sundays and on holidays listed in s. 230.35 (4) (a), Stats.
TCS 4.02 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction in (1) made under s. 13.93 (2m) (b) 6., Stats., Register, September, 1985, No. 357; correction in (1) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: am. (1) Register April 2016 No. 724, eff. 5-1-16.
TCS 4.03 TCS 4.03Location of hearing. Unless otherwise ordered in the notice of hearing or specifically provided by law, all hearings shall be held at the office of the board.
TCS 4.03 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: am. Register April 2016 No. 724, eff. 5-1-16.
TCS 4.04 TCS 4.04Parties. Parties to proceedings are known as petitioners, respondents, intervenors, applicants, and objectors, according to the nature of the proceeding and relationship of the parties to the proceedings.
TCS 4.04(1) (1) Parties seeking relief from district budget limitations are applicants, those opposing such applicants are objectors and those other than applicants or objectors are intervenors.
TCS 4.04(2) (2) Parties filing petitions for review are petitioners, those opposing such petitioners are respondents.
TCS 4.04 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81.
TCS 4.05 TCS 4.05Service of papers and documents.
TCS 4.05(1)(1)Manner of service. Except as otherwise specifically required, service of documents required to be served may be made by personal delivery or by mailing a copy to the last known post office address of the person to be served, in a sealed envelope with first class postage affixed, and shall be deemed to have been served upon deposit in the U.S. mails.
TCS 4.05(2) (2)Date of service. The date of service shall be either the day when the document served is deposited in the mail or is delivered in person.
TCS 4.05 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81.
TCS 4.06 TCS 4.06Form and style of pleadings. All pleadings, notices, orders and other papers filed in connection with any matter or proceeding before the board shall be captioned “STATE OF WISCONSIN, TECHNICAL COLLEGE SYSTEM BOARD" and entitled “In the Matter of (here state the nature of the proceeding) of (here state the name of the aggrieved party)." All papers filed at or in reference to any hearing shall be either printed or typewritten and, except such parts as may be on official forms or other forms or documents in regular use in matters pertaining to vocational education, all pleadings, notices, exhibits, papers and documents filed or presented at any hearings shall be on paper not more than 8 12 inches wide and 11 inches long. The original shall be filed with the board or the hearing examiner conducting the hearing, and a copy thereof shall be furnished to each party or person interested who enters an appearance in the proceedings. The original of such paper (except exhibits offered as evidence) shall be dated and signed with the handwritten signature of the party, or of an officer, agent, employee, or attorney appearing for or with the party in the proceeding, and the name and mailing address of the party or of the representative appearing and signing the same shall be printed or typed immediately following the written signature.
TCS 4.06 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.
TCS 4.07 TCS 4.07How proceedings instituted. Proceedings for a hearing upon a matter shall be initiated as follows:
TCS 4.07(1) (1) On a petition for review by an aggrieved individual or technical college district.
TCS 4.07(2) (2) On an application by any technical college district for relief from district budget limitations.
TCS 4.07 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; corrections made under 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.
TCS 4.08 TCS 4.08Contents of petition for review. A petition for review shall be in writing and shall contain:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.