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 Note
Note: 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 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(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)(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(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 1.16
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.
ATCP 1.20
ATCP 1.20
Hearing notice. To initiate a contested case proceeding, the secretary shall issue a hearing notice to each of the parties. The hearing notice shall be signed and dated by the secretary, and shall be captioned as provided in s.
ATCP 1.13 (2). The hearing notice shall include all of the following:
ATCP 1.20(1)
(1)
Nature of the proceeding. A statement of the general nature of the proceeding, including whether the proceeding is a class 1, class 2, or class 3 proceeding under s.
227.01 (3), Stats.
ATCP 1.20(2)
(2)
Legal authority. A statement of the department's legal authority to conduct the contested case proceeding.
ATCP 1.20(3)
(3)
Administrative law judge. The name of the administrative law judge who is appointed to preside over the contested case, unless the secretary intends to preside in person.
ATCP 1.20(4)
(4)
Final decisionmaker. The name and position of the final decisionmaker who is appointed to issue a final decision in the case, unless the secretary intends to issue the final decision.
ATCP 1.20(5)
(5)
Hearing. Except as provided under sub.
(6), the date, time and location at which a hearing will be held in the proceeding. Except in an emergency, or by agreement of all parties, the hearing date shall be not less than 30 days after the hearing notice is issued. If any party is required to file an answer or other pleading under s.
ATCP 1.21, the hearing date shall not precede the last date for filing the answer or other pleading. The administrative law judge may reschedule a hearing as the administrative law judge deems appropriate.
ATCP 1.20(6)
(6)
Prehearing conference. Instead of scheduling a hearing, the hearing notice may schedule a prehearing conference under s.
ATCP 1.14. The hearing notice may specify that the prehearing conference is to be conducted by telephone, or it may authorize the parties to request a telephone prehearing conference.
ATCP 1.20 Note
Note: If the hearing notice schedules a prehearing conference, rather than a hearing, the administrative law judge will schedule the hearing after consulting the parties.
ATCP 1.20(7)
(7)
Matters asserted. A short and plain statement of the matters asserted. This statement may incorporate, by reference, the complaint or pleading filed by the initiating party under subchapter III. If the contested case is initiated in response to a complaint under s.
ATCP 1.05, a copy of the complaint shall be included with the hearing notice.
ATCP 1.20(8)
(8)
Required answer or pleading. A notice to affected parties that they are required to file an answer or responsive pleading, if such is the case. If a proceeding is initiated in response to a complaint under s.
ATCP 1.05, the notice shall inform each respondent named in the complaint that he or she must file an answer to the complaint under s.
ATCP 1.21 (1).
ATCP 1.20(9)
(9)
Consequences of failing to appear or file answer. A statement that, if a party fails to appear or file an answer or pleading as required, the department may issue a decision and order against that party without further notice or hearing.
ATCP 1.20 History
History: Cr.
Register, May, 1992, No. 437, eff. 6-1-92; am. (3),
Register, June, 1999, No. 522, eff. 7-1-99;
CR 09-054: am. (5), (8)
Register December 2010 No. 660, eff. 1-1-11.
ATCP 1.21
ATCP 1.21
Answers; required pleadings. ATCP 1.21(1)(a)(a) If a respondent is named in a complaint under s.
ATCP 1.05, and is served with a copy of the complaint and the hearing notice issued under s.
ATCP 1.20, the respondent shall file a written answer to the complaint. The respondent shall file the answer within 20 days after the complaint and hearing notice are served on the respondent. Upon request by a respondent, the administrative law judge may grant the respondent an extension of time to file an answer.
ATCP 1.21(1)(b)
(b) An answer under par.
(a) shall be in writing, and shall be captioned as provided in s.
ATCP 1.13 (2). The answer shall be signed by the respondent or the respondent's attorney, and shall clearly and specifically state the respondent's position with respect to each allegation in the complaint.
ATCP 1.21(2)
(2)
Other pleadings. In a hearing notice under s.
ATCP 1.20, the secretary may require the parties to file written pleadings in order to identify the positions of the parties and the matters at issue in the proceeding. The administrative law judge may require the parties to file any supplementary pleadings which the administrative law judge considers necessary.
ATCP 1.21(3)
(3)
Amendments. A party may, with leave from the administrative law judge, amend an answer or pleading at any point in a contested case proceeding. The administrative law judge may withhold leave if the amendment would unduly delay or disrupt the proceeding, or would work a significant injustice against any party.
ATCP 1.21 History
History: Cr.
Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (a), (2) and (3),
Register, June, 1999, No. 522, eff. 7-1-99;
CR 09-054: am. (1) (b)
Register December 2010 No. 660, eff. 1-1-11.
ATCP 1.22(1)(1)
General. The hearing notice under s.
ATCP 1.20 may require the parties to appear at a prehearing conference. The administrative law judge may also require the parties to attend one or more prehearing conferences.
ATCP 1.22 Note
Note: A prehearing conference is normally held in every contested case proceeding unless the administrative law judge determines that a prehearing conference is unnecessary. Prehearing conferences are electronically recorded.
ATCP 1.22(2)
(2)
Purposes. A prehearing conference may be held to consider any of the following:
ATCP 1.22(2)(c)
(c) The necessity or desirability of amending the pleadings.
ATCP 1.22(2)(d)
(d) The possibility of obtaining stipulations of facts, law or evidence that will avoid unnecessary arguments or offers of proof.
ATCP 1.22(2)(e)
(e) The identification of witnesses and evidence for hearing.
ATCP 1.22(2)(g)
(g) The scheduling of proceedings in the contested case, including the date, time and location of hearing.
ATCP 1.22(2)(h)
(h) Other matters which may aid the orderly consideration and disposition of the contested case.
ATCP 1.22(3)
(3)
Memorandum. At the conclusion of a prehearing conference, the administrative law judge shall prepare a memorandum for the record under s.
227.44 (4) (b), Stats., which summarizes the action taken and the agreements reached at the conference. The administrative law judge may, in conjunction with the memorandum, issue any procedural orders which may be necessary to implement the actions taken at the prehearing conference. Copies of the memorandum shall be mailed or delivered to all parties.
ATCP 1.22 History
History: Cr.
Register, May, 1992, No. 437, eff. 6-1-92; am. (1) and (3),
Register, June, 1999, No. 522, eff. 7-1-99.
ATCP 1.23(1)(1)
Class 2 contested cases. In a class 2 contested case, every party is entitled to discovery as provided in s.
227.45 (7) and ch.
804, Stats.
ATCP 1.23(2)
(2)
Other contested cases. In a class 1 or class 3 contested case, the administrative law judge may by order authorize discovery by any party under s.
227.45 (7) and ch.
804, Stats. Except as provided in s.
227.45 (7) (a) to
(d), Stats., the decision to grant or deny a discovery request in a class 1 or class 3 contested case is subject to the administrative law judge's discretion. The administrative law judge may issue a discovery order in response to a motion by any party, and may impose such limits on discovery as the administrative law judge considers appropriate.
ATCP 1.23(3)(a)
(a) Except as provided under par.
(b) or ordered by the administrative law judge, every party in a contested case shall provide every other party with all of the following at least 10 days prior to hearing:
ATCP 1.23(3)(a)1.
1. The name and address of every person whom the party intends to call as a witness in the proceeding. Proposed expert witnesses shall be identified as such.
ATCP 1.23(3)(a)2.
2. A copy of every document which the party intends to offer as evidence in the proceeding.
ATCP 1.23(3)(a)3.
3. A description of every item of physical evidence which the party intends to offer as evidence in the proceeding. Upon request by any other party, the party offering the physical evidence shall permit the requesting party to make reasonable inspection of the physical evidence prior to hearing.
ATCP 1.23(3)(b)
(b) Paragraph
(a) does not apply to witnesses or evidence used solely to impeach witness testimony.
ATCP 1.23(4)
(4)
Protective orders. Upon motion by any party, and for good cause shown, the administrative law judge may issue a protective order under s.
804.01 (3), Stats., limiting discovery. The administrative law judge may issue a protective order in any contested case, including a class 2 contested case.
ATCP 1.23(5)
(5)
Order compelling discovery. If a person fails to respond to a discovery request under this section, the party seeking discovery may move the administrative law judge for an order compelling discovery. Upon motion by any party, the administrative law judge may issue an order compelling discovery under s.
804.12, Stats.
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(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:
