HA 1.13(5)(a)
(a) The administrative law judge may order parties offering documentary exhibits or prepared testimony to furnish copies to all other parties in advance of the hearing and to provide a reasonable amount of time as the administrative law judge may order to enable review of the prepared testimony and exhibits. Upon compliance with such order, prepared testimony may be admitted in evidence as though given orally, providing the authors are present and available for cross-examination.
HA 1.13(5)(b)
(b) An administrative law judge at his or her discretion may exclude from the record exhibits offered into evidence that are bulky, dangerous, perishable, or otherwise not suitable for inclusion in agency records. Proponents shall make reasonable efforts to use photographs, recordings, or other mechanical or electronic means to substitute for physical evidence excluded by the administrative law judge.
HA 1.13 History
History: CR 02-024: cr.
Register December 2002 No. 564, eff. 1-1-03.
HA 1.14(1)(1)
Closing and briefs. A hearing in a contested case shall be closed upon completion of the submission of all evidence and expiration of the period fixed for filing of briefs. If the time for filing briefs has expired and the brief of one or more parties is not filed within such time, the administrative law judge may proceed to the determination of the case. The administrative law judge may grant an extension of time to file briefs upon a showing of good cause.
HA 1.14(2)
(2)
Additional evidence. If evidence is permitted to be submitted after the close of testimony, the record will be closed when the evidence is received by the division or when the specified time for furnishing it has elapsed without its being furnished. The administrative law judge may, upon the request of a party, extend the time originally prescribed for filing such additional evidence.
HA 1.14 History
History: CR 02-024: cr.
Register December 2002 No. 564, eff. 1-1-03.
HA 1.15(1)(1)
Method and copies. Hearings shall be recorded either stenographically or electronically. A transcript will be made when it is determined that one is necessary by the division or the administrative law judge. If the division makes a transcript, copies shall be furnished to all persons upon request and prepayment of a reasonable fee, as determined by the division. If no transcript is deemed necessary by the division and a party requests that one be prepared, that party shall be responsible for costs of transcript preparation. If several parties request transcripts, the division may divide the costs of transcription equally among the parties. In lieu of a transcript the division may provide any person requesting a transcript with a copy of the tape recording or an electronic reproduction of the hearing upon payment of a reasonable fee. All requests for transcription shall be made at the hearing or in writing and sent to the administrative law judge who presided at the hearing.
HA 1.15(2)
(2)
Financial need. Any person who, by affidavit or other appropriate means, can establish to the satisfaction of the division that the person is indigent and has a legal need may be provided with a copy of a transcript without charge.
HA 1.15(3)
(3)
Corrections. Any party within 14 days of the date of mailing of the transcript, may file with the administrative law judge a notice in writing of any claimed error and shall mail a copy of such notice to each party of record. Other parties may contest any claimed error within 20 days of the date of the mailing of the transcript by notifying the administrative law judge and other parties of record. All parties shall be advised by the administrative law judge of any corrections to the record approved by the administrative law judge.
HA 1.15 History
History: CR 02-024: cr.
Register December 2002 No. 564, eff. 1-1-03.
HA 1.16(1)(1)
Time schedule for filing of briefs. Parties shall indicate on the record after the close of testimony at the hearing whether they desire to file briefs. The administrative law judge may establish a schedule for the filing of briefs. The party or parties having the burden of proof shall file the first brief. Other parties may subsequently file response briefs, which may be replied to. Alternatively, the administrative law judge may direct that the briefs of all parties be filed simultaneously.
HA 1.16(2)
(2)
Number. One copy of each brief should be filed with the division together with a statement showing upon whom copies have been served. Briefs which contain a summary of evidence or facts relied upon should include, where possible, reference to specific pages of the record containing the evidence or facts.
HA 1.16(3)
(3)
Effect of early filing. The filing of briefs in less time than allowed shall not change the due dates for the remaining briefs.
HA 1.16 History
History: CR 02-024: cr.
Register December 2002 No. 564, eff. 1-1-03.
HA 1.17(1)(1)
Form. After the record is closed in each proceeding the administrative law judge shall prepare written findings of fact, conclusions of law and, except in the case of proceedings under s.
227.46 (3) (b), Stats., either a proposed or a final decision. The decision shall be in accordance with the provisions of ss.
227.46 and
227.47, Stats.
HA 1.17(2)
(2)
Burden of proof. Unless the law provides for a different standard, the quantum of evidence for a hearing decision shall be by the preponderance of the evidence.
HA 1.17(3)
(3)
Comments on proposed decisions. Where a proposed decision is prepared and circulated, comments shall be filed within 15 days of service of the decision unless the administrative law judge or the administrator specifies a different period. An interim decision may be issued as a proposed decision.
HA 1.17(4)
(4)
Effect of decision. Except as provided in s.
227.43 (1) (bg), Stats., an agency may, by administrative code provision or by order in a particular case or category of cases, direct that a decision of the division is to be issued as a final decision, in which case the decision is a final decision of the agency. If the agency does not direct that the decision in a case or category of cases is to be issued as a final decision, the administrative law judge shall issue a proposed decision to the official of the agency.
HA 1.17(5)
(5)
Parties. The administrative law judge shall prepare a list of persons who are parties to the proceeding and include the list in the decision. For purposes of identifying parties to the proceeding under s.
227.47, Stats., and this section, the administrative law judge shall consider the following criteria:
HA 1.17(5)(b)
(b) the persons on whom the decision will have an effect and the amount of the impact;
HA 1.17(5)(c)
(c) the nature of the participation by those involved in the proceeding, including attendance at hearings, cross-examination of witnesses, and submission of briefs.
HA 1.17(6)
(6)
Service. Every decision shall be served, on the date of its signature, upon each party to the proceeding or upon the party's attorney of record.
HA 1.17(7)
(7)
Activities after decision. Person identified as parties shall be served with post hearing motions, correspondence and other documents submitted by any party after issuance of the decision and directly relating to the case. These persons shall also be served with petitions for rehearing and reopening as well as with petitions for administrative and judicial review.
HA 1.17 History
History: CR 02-024: cr.
Register December 2002 No. 564, eff. 1-1-03.
HA 1.18
HA 1.18
Review. A final decision shall include a notice of any right of the parties to petition for rehearing and to request administrative or judicial review of adverse decisions. The notice shall also provide the time allowed for filing a petition for review and shall identify the party to be named as respondent in such an action.
HA 1.18 History
History: CR 02-024: cr.
Register December 2002 No. 564, eff. 1-1-03.
