Chapter HA 1

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) (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 [phone]

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.

HA 1.10(1) (1) Preservation of testimony and discovery. The division or any party involved in a proceeding before the division may obtain discovery and preserve testimony as provided by ch. 227 and ch. 804, Stats. For good cause, the administrative law judge may allow a shorter or longer time for discovery or preserving testimony than is allowed by ch. 804, Stats. For good cause, the administrative law judge may issue orders to protect persons or parties from annoyance, embarrassment, oppression or undue burden, as provided in s. 804.01 (3), Stats., or to compel discovery and for sanctions as provided in s. 804.12, Stats.

HA 1.10(2) (2) Summary judgment. The summary judgment procedure as provided in s. 802.08, Stats., shall be available to the parties upon approval by the division or the administrative law judge.

HA 1.10 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

HA 1.11 HA 1.11 Conferences.

HA 1.11(1) (1) Call and purpose. The administrative law judge may call a conference at any time prior to or during the course of a hearing, and may require the attendance of all persons who are or wish to be parties to the proceeding. At the discretion of the administrative law judge, a conference may be conducted by telephone. The purposes of such conferences shall be to consider the following matters:

HA 1.11(1)(a) (a) The clarification of issues;

HA 1.11(1)(b) (b) any amendments to the pleadings;

HA 1.11(1)(c) (c) the admissibility of evidence;

HA 1.11(1)(d) (d) the possibility of obtaining admissions or stipulations of fact and of documents that will avoid unnecessary proof;

HA 1.11(1)(e) (e) the limitation of the number of witnesses;

HA 1.11(1)(f) (f) the identification of all parties to the proceeding;

HA 1.11(1)(g) (g) other matters as may aid in the disposition of the matter.

HA 1.11(2) (2) Recording stipulations. The administrative law judge may record any stipulations or other agreements made at a conference. Stipulation or other agreements made at a conference shall bind the parties in the subsequent course of the proceeding.

HA 1.11(3) (3) Decision on briefs. If a prehearing conference is held and the parties agree that there is no material dispute of fact raised by the pleadings, the administrative law judge may cancel the hearing and may decide the matter on the basis of briefs or stipulations submitted by the parties.

HA 1.11 History History: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

HA 1.12 HA 1.12 Conduct of hearings.

HA 1.12(1) (1) Procedure. The administrative law judge shall open the hearing and may make a concise statement of its scope and purposes. Appearances shall be entered on the record. Parties may make motions or opening statements.

HA 1.12(2) (2) Opening statements. When opening statements are made they shall be confined to:

HA 1.12(2)(a) (a) Clear and concise summary of the evidence intended to be offered; and

HA 1.12(2)(b) (b) A statement of ultimate legal points relied upon.

HA 1.12(3) (3) Order of proceedings.

HA 1.12(3)(a) (a) In proceedings where an agency has issued an order or proposed order and the order recipient requests a hearing on the matter, the agency shall proceed first with the presentation of evidence and shall bear the burden of proof.

HA 1.12(3)(b) (b) In any proceeding other than a proceeding under par. (a), the administrative law judge will apply normal rules of procedure used in the courts in determining the appropriate order of presentation of a case and on whom the burden of proof should fall.

HA 1.12(4) (4) Off record. Proceedings may be conducted off the record only when the administrative law judge permits. If a discussion off the record is deemed pertinent by the administrative law judge, he or she may summarize it on the record.

HA 1.12(5) (5) Objections to evidence. Any argument before the administrative law judge 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 administrative law judge.

HA 1.12(6) (6) Contempt. Conduct that unreasonably impedes the orderly progress of the hearing or contemptuous conduct at a hearing shall be grounds for exclusion from the hearing. The division or the administrative law judge may take other actions that are authorized by statute and are appropriate under the circumstances.

HA 1.12(7) (7) Sequestration of witnesses. At the request of a party, or on the administrative law judge’s own motion, the administrative law judge may order witnesses sequestered in accordance with s. 906.15, Stats.

HA 1.12(8) (8) Telephone and audiovisual testimony. The administrative law judge may permit oral argument and oral testimony communicated on the record by telephone or live audiovisual means as provided in s. 807.13, Stats.