ATCP 1.23 Note Note: If a party fails to comply with sub. (3), or with an administrative law judge’s order under sub. (2), (4) or (5), the party is subject to possible sanctions under s. ATCP 1.11. If any person willfully fails to testify or provide evidence in compliance with an administrative law judge’s order under sub. (5), that person may be coerced under ss. 93.14 (3) and 885.12, Stats., or may be subject to criminal penalties as provided under s. 93.21 (3) or (4), Stats.

ATCP 1.23(6) (6) Completion of discovery. Discovery in a contested case shall be completed at least 10 days prior to the date on which the contested case hearing is scheduled to begin, except as otherwise ordered or allowed by the administrative law judge.

ATCP 1.23 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (2), (3) (a), (4) and (5), Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (3) (a) (intro.), cr. (6) Register December 2010 No. 660, eff. 1-1-11.

ATCP 1.24 ATCP 1.24 Settlement.

ATCP 1.24(1) (1) General. At any point in a contested case proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both of the following:

ATCP 1.24(1)(a) (a) A written stipulation, signed by the parties or their representatives, setting forth the agreed terms of settlement.

ATCP 1.24(1)(b) (b) A proposed order disposing of the case, for signature by the final decisionmaker.

ATCP 1.24(2) (2) Approval. A proposed order under sub. (1) or (3) is subject to approval by the final decisionmaker. The final decisionmaker signifies approval by signing the proposed order as submitted by the parties.

ATCP 1.24(3) (3) Settlement prior to complaint filing or hearing request.

ATCP 1.24(3)(a) (a) The parties to a potential contested case may agree to settle that potential case prior to the filing of any complaint under s. ATCP 1.05 or hearing request under s. ATCP 1.06, and prior to the issuance of any hearing notice under s. ATCP 1.20.

ATCP 1.24(3)(b) (b) The parties to a settlement under par. (a) may stipulate to the issuance of a department order without the filing of any complaint or hearing request, and without further notice, hearing or other contested case procedures. Parties seeking a stipulated order shall file all of the following with the secretary:

ATCP 1.24(3)(b)1. 1. A copy of the proposed order.

ATCP 1.24(3)(b)2. 2. A written stipulation, signed by the parties or their attorneys, in which the parties consent to the entry of the proposed order without the filing of a complaint or hearing request, and without further notice, hearing or other contested case procedures. The stipulating parties waive any right to hearing, reconsideration or judicial review of the stipulated order, including any rights under s. 227.42, 227.49, or 227.52, Stats.

ATCP 1.24(3)(c) (c) Before filing a stipulation and proposed special order under s. 100.20, Stats., the department of justice shall provide a copy of the stipulation and proposed order to the trade and consumer protection division.

ATCP 1.24 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; CR 09-054: am. (2), (3) (title), r. and recr. (3) (a), (b) Register December 2010 No. 660, eff. 1-1-11.

ATCP 1.25 ATCP 1.25 Hearing.

ATCP 1.25(1) (1) Hearing time and location.

ATCP 1.25(1)(a) (a) A contested case hearing shall be held at a time and location specified in the hearing notice under s. ATCP 1.20, or at a time and location specified by the administrative law judge. In determining the hearing time and location, the administrative law judge shall consider all of the following:

ATCP 1.25(1)(a)1. 1. The location and convenience of the parties.

ATCP 1.25(1)(a)2. 2. The location and convenience of department personnel involved in the proceeding.

ATCP 1.25(1)(a)3. 3. The location and convenience of witnesses involved in the proceeding.

ATCP 1.25(1)(a)4. 4. Public interest and convenience in attending the proceeding.

ATCP 1.25(1)(b) (b) The administrative law judge may adjourn, recess or postpone a hearing as the administrative law judge deems appropriate.

ATCP 1.25(1)(c) (c) A hearing, or any portion of a hearing, may be held by telephone if the administrative law judge determines that the telephone hearing is justified for the convenience of any party or witness, and that no party is unfairly prejudiced by the telephone hearing.

ATCP 1.25(1)(d) (d) The administrative law judge may on his or her own motion, or on the motion of any party, hold a hearing or any portion of a hearing by videoconferencing technology as defined in s. 885.52 (3), Stats., if all of the following apply:

ATCP 1.25(1)(d)1. 1. The administrative law judge determines that the standards and criteria set forth in ss. 885.54 and 885.56, Stats., are met.

ATCP 1.25(1)(d)2. 2. The department or the party requesting the use of videoconferencing technology agrees to pay the cost of using that technology.

ATCP 1.25(2) (2) Hearings open to public.

ATCP 1.25(2)(a) (a) Except as ordered by the administrative law judge, every contested case hearing is open to attendance by the public.