ATCP 1.12(1)(1) General. In any contested case, a party may be represented by an attorney who is authorized to practice law in this state. An attorney retained to represent any party in a contested case shall immediately give notice of that representation to the department and to all other parties to the contested case.

ATCP 1.12(2)(2) Actions binding. Actions and omissions by a party’s attorney in a contested case are binding on that party, as if the party had taken or omitted those actions directly.

ATCP 1.12(3)(3) Service of documents. If a party in a contested case is represented by an attorney, a document served on that attorney is deemed to be served on that party.

ATCP 1.13(1)(1) Docket file. The department shall create a docket file for every contested case. The docket file shall be captioned with the docket number and title of the case, “In the matter of ......... ”. The docket file shall include the record of the case and any other material filed in connection with the case, subject to the direction of the administrative law judge or final decisionmaker.

ATCP 1.13(2)(2) Documents captioned. Pleadings, notices, motions, briefs, stipulations, decisions, orders and other documents filed in a contested case shall, to the extent practicable, be captioned with all of the following:

ATCP 1.13(3)(3) Filing deadlines. If a party is required to file a document on or before a specified date, the party complies with the filing deadline if the party mails the document on or before the deadline date.

ATCP 1.13(4)(4) Documents filed by parties; service on other parties.

ATCP 1.13(4)(a)(a) Except as provided under par. (d), whenever a party files a document in a contested case, that party shall mail or deliver a copy of the document to every other party in the case.

ATCP 1.13(4)(b)(b) By filing a document in a contested case, the filing party certifies that he or she has mailed or delivered a copy of the filed document to every other party as required by par. (a). No other affidavit of mailing or service is required.

ATCP 1.13(4)(c)(c) If any party claims not to have received a copy of any document filed under par. (a), an affidavit of mailing constitutes presumptive proof of service.

ATCP 1.13(4)(d)(d) Paragraphs (a) to (c) do not apply to a complaint, request for hearing, or other document filed under subch. III to initiate a contested case.

ATCP 1.13 NoteNote: When the department initiates a contested case in response to a complaint, request for hearing, or other document filed under subch. III, the department provides notice to the other parties in conjunction with the department’s hearing notice under s. ATCP 1.20. Accordingly, the party filing the complaint or request for hearing need not serve a copy on the other parties at the time of filing.

ATCP 1.13(5)(5) Documents issued by secretary, final decisionmaker or administrative law judge. Whenever the secretary, final decisionmaker or administrative law judge issues a hearing notice, order, subpoena or other process in a contested case, a copy of that document shall be mailed or delivered to each party in the case. Service by mail may be proved by a signed return receipt. Proof of mailing does not constitute presumptive proof of service.

ATCP 1.13 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1) and (5), Register, June, 1999, No. 522, eff. 7-1-99.

ATCP 1.14(1)(1) General. Except as provided under subch. III, a person requesting an order from the administrative law judge or final decisionmaker shall make that request in the form of a motion. A motion shall clearly describe the order sought, and the grounds for granting that order. A person may move the administrative law judge or final decisionmaker for any substantive or procedural order authorized by law, including either of the following:

ATCP 1.14(1)(a)(a) An order dismissing a party or case for lack of personal or subject matter jurisdiction. A motion to dismiss for lack of jurisdiction may be made at any point in the proceeding, but should be made as soon as the basis for the motion becomes apparent to the moving party.

ATCP 1.14(1)(b)(b) An order dismissing a case, prior to hearing, for failure to state a claim on which relief can be granted.

ATCP 1.14(2)(2) Form of motion. Every motion, except the following, shall be submitted in writing:

ATCP 1.14(2)(a)(a) A motion made orally at a prehearing conference or hearing, unless the administrative law judge requires that the motion be submitted in writing.

ATCP 1.14(2)(b)(b) An oral motion for an extension of time, if the administrative law judge agrees to hear that oral motion.

ATCP 1.14(3)(3) Written motions. A person filing a written motion shall comply with s. ATCP 1.13 (2) and (4). If the moving person offers any affidavit, brief or other document in support of a motion, the moving person shall include a copy of that document with the motion.