SPS 3.09(1)
(1)
Designation. Administrative injunction proceedings shall be presided over by an administrative law judge. The administrative law judge shall be an attorney in the department designated by the department general counsel, an employee borrowed from another agency pursuant to s.
20.901, Stats., or a person employed as a special project or limited term employee by the department. The administrative law judge may not be an employee in the division.
SPS 3.09(2)
(2) Authority. An administrative law judge designated under this section has the authority described in s.
227.46 (1), Stats. Unless otherwise directed under s.
227.46 (3), Stats., an administrative law judge shall prepare a proposed decision, including findings of fact, conclusions of law, order and opinion, in a form that may be adopted by the department as the final decision in the case.
SPS 3.09(3)
(3) Service of proposed decision. The proposed decision shall be served by the administrative law judge on all parties with a notice providing each party adversely affected by the proposed decision with an opportunity to file with the department objections and written argument with respect to the objections. A party adversely affected by a proposed decision shall have at least 10 days from the date of service of the proposed decision to file objections and argument.
SPS 3.09 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-93.
SPS 3.10
SPS 3.10 Prehearing conference. In any matter pending before the department, the division and the respondent may be directed by the administrative law judge to appear at a conference or to participate in a telephone conference to consider the simplification of issues, the necessity or desirability of amendments to the pleading, the admission of facts or documents which will avoid unnecessary proof and such other matters as may aid in the disposition of the matter.
SPS 3.10 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-93.
SPS 3.11
SPS 3.11 Settlements. No stipulation or settlement agreement disposing of a petition or informal petition shall be effective or binding in any respect until reduced to writing, signed by the respondent and approved by the department.
SPS 3.11 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-93.
SPS 3.12
SPS 3.12 Discovery. The division and the respondent may, prior to the date set for hearing, obtain discovery by use of the methods described in
ch. 804, Stats., for the purposes set forth therein. Protective orders, including orders to terminate or limit examinations, orders compelling discovery, sanctions provided in s.
804.12, Stats., or other remedies as are appropriate for failure to comply with such orders may be made by the administrative law judge.
SPS 3.12 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-93.
SPS 3.13
SPS 3.13 Default. If the respondent fails to answer as required by
s. SPS 3.08 or fails to appear at the hearing at the time fixed therefor, the respondent is in default and the department may make findings and enter an order on the basis of the petition and other evidence. The department may, for good cause, relieve the respondent from the effect of the findings and permit the respondent to answer and defend at any time before the department enters an order or within a reasonable time thereafter.
SPS 3.13 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-93; correction made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 3.14(1)
(1)
Administrative law judge. The hearing shall be presided over by an administrative law judge designated pursuant to
s. SPS 3.09.
SPS 3.14(2)
(2) Record. A stenographic, electronic or other record shall be made of all hearings in which the testimony of witnesses is offered as evidence.
SPS 3.14(3)
(3) Evidence. The division and the respondent shall have the right to appear in person or by counsel, to call, examine, and cross-examine witnesses and to introduce evidence into the record.
SPS 3.14(4)
(4) Briefs. The administrative law judge may require the filing of briefs.
SPS 3.14(5)(a)(a) How made. An application to the administrative law judge for an order shall be by motion which, unless made during a hearing or prehearing conference, shall be in writing, state with particularity the grounds for the order, and set forth the relief or order sought.
SPS 3.14(5)(b)
(b) Filing. A motion shall be filed with the administrative law judge and a copy served upon the opposing party not later than 5 days before the time specified for hearing the motion.
SPS 3.14(5)(c)
(c) Supporting papers. Any briefs or other papers in support of a motion, including affidavits and documentary evidence, shall be filed with the motion.
SPS 3.14(6)
(6) Adjournments. The administrative law judge may, for good cause, grant continuances, adjournments and extensions of time.
SPS 3.14(7)(a)(a) Subpoenas for the attendance of any witness at a hearing in the proceeding may be issued in accordance with s.
885.01, Stats. Service shall be made in the manner provided in s.
805.07 (5), Stats. A subpoena may command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein.
SPS 3.14(7)(b)
(b) An administrative law judge may issue protective orders according to the provisions of s.
805.07, Stats.
SPS 3.14(8)
(8) Location of hearing. All hearings shall be held at the offices of the department in Madison unless the administrative law judge determines that the health or safety of a witness or of a party or an emergency requires that a hearing be held elsewhere.
SPS 3.14 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-93; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 3.15
SPS 3.15 Witness fees and costs. Witnesses subpoenaed at the request of the division shall be entitled to compensation from the state for attendance and travel as provided in
ch. 885, Stats.
SPS 3.15 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-93.
SPS 3.16(1)
(1) The fee charged for a transcript of a proceeding under this chapter shall be computed by the person or reporting service preparing the transcript on the following basis:
SPS 3.16(1)(a)
(a) If the transcript is prepared by a reporting service, the fee charged for an original transcription and for copies shall be the amount identified in the state operational purchasing bulletin which identifies the reporting service and its fees.
SPS 3.16 Note
Note: The State Operational Purchasing Bulletin may be obtained from the Department of Administration, State Bureau of Procurement, 101 E. Wilson Street, 6th Floor, P.O. Box 7867, Madison, Wisconsin 53707-7867.
SPS 3.16(1)(b)
(b) If a transcript is prepared by the department, the department shall charge a transcription fee of $1.75 per page and a copying charge of $.25 per page. If 2 or more persons request a transcript, the department shall charge each requester a copying fee of $.25 per page, but may divide the transcript fee equitably among the requesters. If the department has prepared a written transcript for its own use prior to the time a request is made, the department shall assume the transcription fee, but shall charge a copying fee of $.25 per page.
SPS 3.16(2)
(2) A person who is without means and who requires a transcript for appeal or other reasonable purposes shall be furnished with a transcript without charge upon the filing of an affidavit showing that the person is indigent according to the standards adopted in rules of the state public defender under
ch. 977, Stats.
SPS 3.16 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-93.
