NR 2.115(1)(1)Alternative settlement recommended. The administrative law judge or the department may, with or without a motion having been filed, upon determining that an action or proceeding is an appropriate one in which to consider a settlement alternative, recommend that the parties select a settlement alternative under s. 802.12, Stats., as a means to attempt settlement. Unless all parties consent, the pursuit of settlement alternatives may not delay the setting of the hearing date or other matters addressed in any scheduling order or conference.
NR 2.115(2)(2)Admissibility. Except for binding arbitration, all settlement alternatives are compromise negotiations for purposes of s. 904.08, Stats., and mediation for purposes of s. 904.085, Stats., and are not admissible in contested case hearings conducted under this chapter.
NR 2.115 HistoryHistory: CR 02-046: cr. Register September 2004 No. 585, eff. 10-1-04.
NR 2.12NR 2.12Informal conferences, prehearing conferences and motions.
NR 2.12(1)(1)Call and purpose. The department or the administrative law judge may call an informal conference or prehearing 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, under s. NR 2.08. The purposes of the conferences shall be to consider, insofar as applicable:
NR 2.12(1)(a)(a) Clarification of issues.
NR 2.12(1)(b)(b) Amendments to the pleadings.
NR 2.12(1)(c)(c) Admissibility of evidence.
NR 2.12(1)(d)(d) The possibility of obtaining admissions or stipulations of fact and of documents which will avoid unnecessary proof.
NR 2.12(1)(e)(e) The identification of witnesses and limitation of the number of witnesses.
NR 2.12(1)(f)(f) The identification of all parties to the proceeding.
NR 2.12(1)(g)(g) The scope and conduct of prehearing discovery.
NR 2.12(1)(h)(h) The exchange of exhibits by all parties prior to the hearing.
NR 2.12(1)(i)(i) Filing of prehearing motions.
NR 2.12(1)(j)(j) Other matters as may aid in the disposition of the matter.
NR 2.12(2)(2)Recording stipulations. The administrative law judge shall record any stipulations made at the conference, which the judge intends shall bind the parties in the proceedings.
NR 2.12(3)(3)Prehearing motions. All motions, notices of motions, and any supporting papers which can reasonably be made prior to the hearing shall be served upon all parties and filed with the administrative law judge at least 7 days prior to the date on which the hearing is scheduled to begin, unless otherwise ordered by the department or the administrative law judge.
NR 2.12(4)(4)Decision on briefs. If an informal conference is held and the parties agree that there is no material dispute of fact raised by the pleadings, the administrative law judge or department may cancel the hearing and may decide the matter on the basis of briefs submitted by the parties.
NR 2.12 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (1) and cr. (3), Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: am. (1) and (2), renum. and am. (3) to be (4), cr. (3) Register September 2004 No. 585, eff. 10-1-04.
NR 2.13NR 2.13Conduct of contested case hearings.
NR 2.13(1)(1)Procedure. The administrative law judge shall open the hearing and make a concise statement of its scope and purposes. Appearances shall be entered on the record. The administrative law judge then shall state the issues in the proceedings. Thereafter, parties may make opening statements. Persons who are not identified as parties by the department or the administrative law judge at any prehearing conference for which notice was provided under s. NR 2.08 (5) may participate in the contested case hearing but may not examine or cross examine witnesses at the hearing unless otherwise ordered by the department or the administrative law judge.
NR 2.13(2)(2)Opening statements. When opening statements are made they shall be confined to:
NR 2.13(2)(a)(a) A brief summary or outline in clear and concise form of the evidence intended to be offered; and
NR 2.13(2)(b)(b) A statement of ultimate legal points relied upon.
NR 2.13(3)(3)Order of proceeding and burden of proof. Unless otherwise ordered by the administrative law judge:
NR 2.13(3)(a)(a) In proceedings where the department has issued an order or proposed order and the order recipient requests a hearing on the matter, the department shall proceed first with the presentation of evidence and shall have the burden of proof.
NR 2.13(3)(b)(b) In proceedings in which a person has been granted a review hearing under s. 227.42, 283.63 or 285.81, Stats., or in which persons have filed a complaint under s. 299.91, Stats., those persons shall proceed first with the presentation of evidence and shall have the burden of proof.
NR 2.13(3)(c)(c) Notwithstanding par. (b), in a de novo proceeding under a statute other than s. 283.63, 285.81 or 299.91, Stats., involving issuance of a license, permit or approval, the applicant for the license, permit or approval shall proceed first with the presentation of evidence and shall have the burden of proof.
NR 2.13(3)(d)(d) In all other proceedings not identified in pars. (a) to (c), the administrative law judge shall determine the order of proceeding and who has the burden of proof.