SECTION 5:
PD 4.03(1)(c) is amended to read:
(1) Any attorney may appeal the state public defender's reduction or denial of any submitted bill. An appeal shall conform with all of the following:
(a) Notice of the appeal is in writing;
(b) Notice is submitted within 30 days of the receipt of the reduced or denied payment; and
(c) Delivery of the notice is by mail, email, or in person.
Note: The mailing address of the state public defender is:
17 S. Fairchild St., 5th Floor
Madison, WI 53703
SECTION 6:
PD 4.03(5m), (5r), and (7m) are created to read:
(5m)(a) The state public defender board shall open the hearing and may make a concise statement of the hearing’s scope and purposes. Appearances shall be entered on the record. The board may permit clear and concise opening statements if it deems appropriate.
(b) The agency shall proceed first with the presentation of evidence and shall bear the burden of proving the allegations by a preponderance of the evidence.
(c) All witnesses for and against the attorney, including the attorney, shall have a chance to speak and respond to questions. All witnesses shall be sworn in accordance with s. 906.03. (5r) Rules governing the admission evidence are governed by s. 227.45, Stats. Any argument before the board on objections to receipt of evidence or on motions to strike will be recorded. The parties will be afforded the opportunity to make an offer of proof, which shall be in the form directed by the board. The board may permit oral argument and oral testimony communicated on the record by telephone or live audiovisual means as provided in s. 807.13, Stats. (7m) Each decision shall include notice of any right of the parties to petition for rehearing and administrative or judicial review of adverse decisions, the time allowed for filing each petition and identification of the party to be named as respondent per 227.48, Stats.
SECTION 7: EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
