ERC 94.01(1)(1) Designation. Any matter to be heard by the commission may be designated for hearing by one or more commissioners or by such other persons as may be permitted by statute. Hearing examiners shall have all powers necessary to conduct commission hearings. When a hearing is conducted before the commission itself, the hearing shall be presided over by the chairperson or, in the chairperson’s absence, by another commissioner designated by the commission.

ERC 94.01(2)(2) Limitation against final disposition. Notwithstanding sub. (1), no hearing examiner shall decide any motion which would require final disposition of any case except when the commission has by order directed that the hearing examiner’s decision shall be the final decision of the commission.

ERC 94.01(3)(3) Disqualification. If a presiding authority is unqualified to preside for reasons of conflict of interest or personal bias, the presiding authority shall withdraw and notify the commission and the parties of the disqualification.

ERC 94.01(4)(4) Motions for substitution or disqualification of persons conducting hearings. If a party deems the presiding authority to be unqualified for reasons of conflict of interest or bias, the party may move in a timely manner for substitution of a different examiner or disqualification of the commissioner. The motion shall be accompanied by a written statement setting forth the basis for the motion. If a hearing examiner does not grant a motion for substitution, it shall be referred to the commission, which shall determine the sufficiency of the ground alleged.

ERC 94.01(5)(5) Unavailability. If the presiding authority becomes unavailable during the course of a hearing, the commission shall designate a substitute. The substitute may confer with the original presiding authority regarding the case.

ERC 94.02(1)(1) Requirements. Prior to requesting a continuance of a hearing date, a party shall seek agreement for a continuance from all other parties to the case. In making the request to the hearing examiner or a commissioner, the party seeking the continuance shall advise the hearing examiner or commissioner if agreement between the parties has been reached. Requests for continuances of a hearing date shall only be granted upon a showing of good cause and after consideration of any hardship on the other parties. In any case in which a hearing examiner has been designated, the request shall be directed to the hearing examiner, if available. The hearing examiner or commissioner may require presentation of evidence before considering the request.

ERC 94.02(2)(2) Notification of witnesses. Each party is responsible for advising the party’s own witnesses of any continuance.

ERC 94.03(1)(1) Generally. The commission is not bound by the strict rules of procedure and the customary practices of courts of law.

ERC 94.03(2)(2) Open to the public. Except where requested by an appellant pursuant to s. 230.44 (4) (a), Stats., or to the extent necessary to protect the confidentiality of materials or testimony as provided by law, all hearings conducted by the commission shall be open to the public.