NR 2.08(4)(4) Any documents concerning a contested case hearing filed with the department or the administrative law judge prior to issuance of a final decision in the case shall be served by the person filing the documents on all persons who are identified as parties under sub. (6). NR 2.08(5)(5) The department or the administrative law judge may require persons who wish to be parties to a contested case hearing to attend a prehearing conference. In such a circumstance, the notice of the prehearing conference shall be published in the same manner as is required for notice of hearing. If the notice of hearing is not required to be published, the administrative law judge may cause to be published a notice of the prehearing conference as a class 1 notice under ch. 985, Stats., in the official newspaper designated under s. 985.04 or 985.05, Stats., or, if none exists, in a newspaper likely to give notice in the area affected. The department or the administrative law judge may, under sub. (6) identify parties at a prehearing conference. One notice may be used for both the prehearing conference and the hearing. NR 2.08(6)(6) The department or the administrative law judge shall identify and maintain a list of persons who are recognized as parties to the contested case hearing. A person does not need to be represented by legal counsel to be a party to or participate in a contested case hearing. This list may be adjusted by the department or the administrative law judge as necessary through the course of the hearing. The list of parties required by s. NR 2.155 (3), for purposes of review under s. 227.53, Stats., may differ from the list required by this section. NR 2.08(7)(7) Persons listed as parties under s. 227.47, Stats., and s. NR 2.155 (3), shall be served with exhibits, pleadings, correspondence and other documents submitted by parties after issuance of the decision, including those documents specified in ss. 227.44 (7), 227.49 and 227.50 (2), Stats. The persons shall also be served with petitions for judicial review. NR 2.08 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (2), Register, July, 1978, No. 271, eff. 8-1-78; r. and recr. Register, March, 1984, No. 339, eff. 4-1-84; correction in (6) (intro.) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1987, No. 373; CR 02-046, am. (1), (2), (4), (5), (6) and (7), r. (3), and (6) (a) to (c) Register September 2004 No. 585, eff. 10-1-04. NR 2.085NR 2.085 Environmental impact statements. NR 2.085(1)(1) When an environmental impact statement has been prepared on a proposed action for which a contested case hearing is held, all evidence regarding compliance with s. 1.11, Stats., shall be taken at that hearing unless otherwise provided by statute. NR 2.085(2)(2) In the absence of specific authority for a contested case hearing on a proposed action for which an environmental impact statement has been prepared, a contested case hearing shall be held on the proposed action if a petition for a hearing meeting the requirements of s. 227.42, Stats., is received by the department unless otherwise provided by statute. NR 2.085(3)(3) If a contested case hearing will be held on a proposed action for which an environmental impact statement has been prepared, the informational hearing provided for by s. NR 150.30 (3) (d) shall be combined with the contested case hearing if circumstances and statutes allow. At a combined hearing, the informational portion shall precede the contested portion. NR 2.085 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; am. Register, January, 1987, No. 373, eff. 2-1-87; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04; CR 13-022: am. (3), r. (4) Register March 2014 No. 699, eff. 4-1-14. NR 2.09NR 2.09 Changes in time or place of hearing; adjournments; failures to appear. NR 2.09(1)(1) Changes. Requests for changes in the time or place of a scheduled hearing may be granted by the department or administrative law judge only for good cause shown. A request received after a required newspaper publication or legal notice may be rescheduled only if the person requesting the change bears the cost of republication of the notice and the administrative law judge deems the change appropriate under the circumstances presented. NR 2.09(2)(2) Adjournment. The department or the administrative law judge may adjourn a hearing for good cause shown, the hearing to be reset or reconvened at the discretion of the department or the administrative law judge or at a time and place set by the department or the administrative law judge on the record of the hearing prior to adjournment. NR 2.09(3)(a)(a) If an applicant for a permit or license fails to appear at a hearing following due notice, the department or the administrative law judge may dismiss the application unless the applicant shows good cause for the failure to appear. If an applicant fails to submit proof of publication and notice as required by statute, the department or the administrative law judge may dismiss the application and cancel the hearing. NR 2.09(3)(b)(b) If a respondent in an enforcement proceeding fails to appear, the department or the administrative law judge shall take testimony and issue, modify or rescind the order as may be appropriate. NR 2.09(3)(c)(c) If a petitioner in a proceeding fails to appear, the department or the administrative law judge may dismiss the petition unless the petitioner shows good cause for the failure to appear. NR 2.09 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (2) and (3), cr. (3) (c), Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04. NR 2.095NR 2.095 Declaratory ruling hearings. When a petition for a declaratory ruling is granted under s. 227.41, Stats., the hearing shall be conducted as a noncontested case. The declaratory ruling may be based upon information presented at the hearing and other information available to the department to assist in rendering the declaratory ruling. NR 2.095 HistoryHistory: CR 02-046: cr. Register September 2004 No. 585, eff. 10-1-04. NR 2.10NR 2.10 Witnesses and subpoenas in contested cases. The department, the administrative law judge, on the judge’s own motion or at the request of a party, or any attorney of record for a party in a contested case hearing may issue subpoenas to compel the attendance of witnesses at contested case hearings or discovery proceedings under s. NR 2.11. A subpoena requiring the production of documents may be issued if the person issuing the subpoena specifies the documents 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. For good cause shown, 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. NR 2.11NR 2.11 Preservation of testimony and discovery of evidence in contested case hearings. NR 2.11(1)(1) Discovery in class 2 proceedings. The department or any party in a class 2 proceeding may obtain prehearing discovery and preserve testimony as provided under 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 shown, 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. The administrative law judge may issue orders to compel discovery. NR 2.11(2)(2) Discovery in class 1 and 3 proceedings. For good cause shown, the department or the administrative law judge may allow prehearing discovery and the preservation of evidence in any class 1 proceeding or class 3 proceeding as provided under ch. 804, Stats. Any order allowing discovery or the preservation of evidence may include any reasonable limitations on the scope and extent of discovery as the department or the administrative law judge deems appropriate under the circumstances. In class 1 proceedings and class 3 proceedings, the taking and preservation of evidence shall be permitted with respect to a witness in any of the following: NR 2.11(2)(a)(a) Who is beyond reach of a subpoena for the hearing. NR 2.11(2)(b)(b) Who is about to go out of the state, not intending to return in time for the hearing. NR 2.11(2)(c)(c) Who is so sick, infirm or aged as to make it probable that the witness will not be able to attend the hearing. NR 2.11(2)(d)(d) Who is a member of the legislature, if any committee of the same or the house of which the witness is a member is in session, provided the witness waives his or her privilege.