NR 2.155(1)(1) Administrative law judge decision. The administrative law judge shall prepare findings of fact, conclusions of law and decision subsequent to each contested case heard. Unless the department petitions for judicial review as provided in s. 227.46 (8), Stats., the decision shall be the final decision of the department, but may be reviewed in the manner described in s. NR 2.20. Every decision shall include findings regarding compliance with the requirements of s. 1.11, Stats., to the extent compliance with s. 1.11, Stats., was at issue in the contested case.

NR 2.155(2)(2) Secretary decision.

NR 2.155(2)(a)(a) Notwithstanding sub. (1), the secretary, prior to hearing, may direct that the record be certified to the secretary or secretary’s designee for decision in accordance with the provisions of s. 227.46 (3) (b), Stats., without an intervening decision by the administrative law judge.

NR 2.155(3)(3) Parties. Pursuant to s. 227.47, Stats., the administrative law judge under sub. (1), or the secretary or secretary’s designee under sub. (2), shall include in the decision a list of the names and addresses of all persons who appeared at the hearing and who are considered parties for purposes of review under s. 227.53, Stats. This list may differ from the list of parties prepared under s. NR 2.08, and shall be based on all of the following criteria:

NR 2.155 HistoryHistory: Cr. Register, December, 1976, No. 252, eff. 1-1-77; emerg. am. (2) (a), eff. 10-1-82; am. (2) (a), Register, May, 1983, No. 329, eff. 6-1-83; am. (1), Register, June, 1985, No. 354, eff. 7-1-85; am. (1), Register, September, 1986, No. 369, eff. 10-1-86; CR 02-046: am. (1) and (2) cr. (3) Register September 2004 No. 585, eff. 10-1-04.

NR 2.157(1)(1) Decisions when an environmental analysis is completed. For any decision arising out of a noncontested case hearing, the department may not commence, engage in, fund, approve, conditionally approve, or disapprove an action that has been the subject of a department prepared environmental analysis until it has made a written findings of fact, conclusions of law and decision on compliance with s. 1.11, Stats. The decision shall include findings on all of the following whether:

NR 2.157(2)(2) Other decisions. The department shall include a finding regarding compliance with s. 1.11, Stats., and ch. NR 150 in all written decisions, for which a noncontested case hearing has been held.

NR 2.157 HistoryHistory: Cr. 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. (1) (title), (intro.), (a) Register March 2014 No. 699, eff. 4-1-14.

NR 2.16NR 2.16 Reopening hearings. When a hearing in a contested case is closed, no further evidence may be received, except by order of the department or the administrative law judge reopening a closed contested case for the taking of further evidence upon application of a party showing to the department’s or the administrative law judge’s satisfaction that the evidence is newly discovered or was not available at the time of the hearing and that the evidence is necessary for a just disposition of the case.

NR 2.17(1)(1) Method and copies. Hearings shall be recorded either stenographically or electronically. A typed transcript shall be made when deemed necessary by the department or the administrative law judge. If a transcript is made by the department or the division of hearings and appeals, copies shall be furnished to all persons upon request and payment of a reasonable fee, as determined by the department or the division of hearings and appeals. If no transcript is deemed necessary by the department or the administrative law judge and a party requests that one be prepared, that party shall be responsible for all costs of transcript preparation. If several parties request transcripts, the department may divide the costs of transcription equally among the parties. In lieu of a transcript the department or the division of hearings and appeals may provide any person requesting a transcript with a copy of the tape recording of the hearing upon payment of a reasonable fee. All requests for transcripts shall be made in writing and sent to the administrative law judge who presided at the hearing.

NR 2.17(2)(2) Financial need. Any person who by affidavit or other appropriate means can establish to the satisfaction of the department or the administrator of the division of hearings and appeals that the person is impecunious and has a legal need may be provided with a copy of a transcript without charge.

NR 2.17(3)(3) Corrections. Any party, within 7 days of the date of mailing of the transcript, may file with the administrative law judge a notice in writing of any claimed error therein, and shall mail a copy of such notice to each party of record. Other parties may contest any claimed error within 12 days of the date of the mailing of the transcript by so notifying the administrative law judge and other parties of record. All parties will be advised by the administrative law judge of any authorized corrections to the record.

NR 2.18(1)(1) Time for briefs. In contested cases, parties shall indicate on the record after the close of testimony at the hearing whether they desire to file briefs. The administrative law judge may establish a schedule for the filing of briefs. The party or parties having the burden of proof shall file the first brief. Other parties may then file response briefs, which may be replied to. In the alternative, the administrative law judge may direct that briefs of all parties be filed simultaneously.

NR 2.18(2)(2) Number. Unless otherwise provided for by the administrative law judge, one copy of all briefs shall be filed with the division of hearings and appeals together with a certification showing when and upon whom copies have been served. Briefs which contain a summary of evidence or facts relied upon shall include reference to specific portions of the record containing the evidence.