Register June 2023 No. 810
Chapter HA 1
PROCEDURE AND PRACTICE FOR CONTESTED CASES
HA 1.01 Application of this chapter.
HA 1.03 Service of documents.
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 1.09 Witnesses and subpoenas.
HA 1.10 Preservation of testimony, discovery and summary judgment.
HA 1.12 Conduct of hearings.
HA 1.13 Rules of evidence.
HA 1.14 Close of hearing.
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Note: This chapter replaces the rules promulgated by the Nursing Home Forfeiture Appeals Board which were repealed effective September 1, 1985.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Note: Chapter HA 1 as it existed on December 31, 2002 was repealed and a new chapter HA 1 was created effective January 1, 2003.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(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 services, children and families, 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;
correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register June 2023 No. 810.
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)(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(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)(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)(e)
(e) the name and address of any person who may be expected to appear on behalf of the appellant;
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(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)(c)
(c) A short summary of the matter to be considered;
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.
