ATCP 1.13 History History: 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 ATCP 1.14 Motions.

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.

ATCP 1.14(4) (4) Motion hearing; notice.

ATCP 1.14(4)(a) (a) Except as provided under par. (b) or (c), the administrative law judge or final decisionmaker shall give all parties an opportunity to argue a motion before the administrative law judge or final decisionmaker rules on the motion. The administrative law judge shall notify every party of any scheduled motion hearing.

ATCP 1.14(4)(b) (b) Paragraph (a) does not prohibit a final decisionmaker from issuing a summary special order which is authorized by law.

ATCP 1.14(4)(c) (c) An administrative law judge or final decisionmaker may, on an ex parte basis, rule on a motion for extension of time.

ATCP 1.14 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (intro.), (2) (a), (b), (4) (a) and (c), Register, June, 1999, No. 522, eff. 7-1-99.

ATCP 1.15 ATCP 1.15 Subpoenas.

ATCP 1.15(1) (1) General. The final decisionmaker, administrative law judge, or a party’s attorney of record may issue a subpoena in a contested case to compel the attendance of any witness or the production of relevant evidence.

ATCP 1.15(2) (2) Request for subpoena. A party may request the administrative law judge or final decisionmaker to issue a subpoena on behalf of that party. The requesting party shall submit the proposed subpoena for signature by the administrative law judge or final decisionmaker, and shall mail or deliver a copy of the request to every other party. A party may object to a subpoena or subpoena request and may request a hearing on the objection. The administrative law judge or final decisionmaker shall not sign a subpoena in blank. A party requesting a subpoena is responsible for serving that subpoena, and for paying any service, witness or travel fees.

ATCP 1.15 Note Note: A person may request form subpoenas from the administrative law judge which may be used in preparing subpoenas under this section. If a person fails to comply with a department subpoena, that person may be compelled as provided under s. 885.12, Stats., or may be subject to penalties under s. 93.21 (4), Stats.

ATCP 1.15 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (2) Register December 2010 No. 660, eff. 1-1-11.

ATCP 1.16 ATCP 1.16 Record of oral proceedings; transcripts.

ATCP 1.16(1) (1) Record of oral proceedings. Oral proceedings in a contested case shall be stenographically or electronically recorded. Oral proceedings in a contested case shall be electronically recorded unless the administrative law judge determines that a stenographic record is necessary and the department approves the creation of a stenographic record.

ATCP 1.16(2) (2) Electronic recording; copies. If an oral proceeding in a contested case is electronically recorded, a copy of the recording shall be furnished at cost to any party who requests a copy.

ATCP 1.16(3) (3) Written transcript. Upon request by any party, the department shall provide the requester with a written transcript of oral proceedings in a contested case. The written transcript may be made from an electronic recording of the oral proceedings. The department shall charge a fee for the written transcript as provided under sub. (4). If the department provides a written transcript of a contested case proceeding to any requester, the department shall inform every party to that case that the written transcript is available.

ATCP 1.16(4) (4) Transcript fees. If the department provides a written transcript to a requester under sub. (3), the department shall charge a fee as follows:

ATCP 1.16(4)(a) (a) Except as provided under par. (b) or (c), the department shall charge the requester a transcription fee that covers the department’s per page transcription costs plus a copying fee of $.25 per page. If 2 or more parties request a written transcript, the department shall charge each requester a copying fee of $.25 per page, but may divide the transcription fee equitably among the requesters.

ATCP 1.16(4)(b) (b) If the department prepares a written transcript for its own purposes, or at the request of any party for purposes of a judicial review proceeding under s. 227.53, Stats., the department shall assume the costs of transcription. Any party may obtain a copy of the transcript for a copying fee of $.25 per page.

ATCP 1.16(4)(c) (c) The department may provide a written transcript free of charge to a requesting party if the requesting party demonstrates, to the department’s satisfaction, that the requesting party is impecunious and has a legal need for the transcript.

ATCP 1.16(5) (5) Information protected from disclosure. This section does not require the department to disclose information in violation of an order under s. ATCP 1.25 (2) (b).

ATCP 1.16 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1), Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (1) to (3), (4) (a), (b) Register December 2010 No. 660, eff. 1-1-11.