RR 1.03(3)(e)
(e) A notice of assessment of costs against the railroad under s.
195.60, Stats., where applicable.
RR 1.03(3)(f)
(f) Such other information as the commissioner or hearing examiner may deem appropriate.
RR 1.03 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am. (2),
Register, August, 1986, No. 368, eff. 9-1-86; cr. (3),
Register, February, 1999, No. 518, eff. 3-1-99.
RR 1.04(1)(1)
At any hearing an examiner may preside. Personal interest in or knowledge of the matter to be heard disqualifies the examiner if it prevents the examiner from acting fairly or impartially. No person who has directly participated in the investigation of the matter to be heard shall be designated or serve as examiner.
RR 1.04(2)
(2) The examiner, at any time prior to the commencement of a hearing, may require the parties or their counsel to appear at a pre-hearing conference for the purpose of simplification and clarification of issues or consideration of other matters which may expedite or aid in the disposition of the proceeding, and issue orders as necessary to carry out the purposes of this chapter. All stipulations made at a pre-hearing conference shall be made a matter of record and control subsequent proceedings.
RR 1.04(3)
(3) If any original document in a proceeding is lost or withheld by any person, or is otherwise unavailable, the examiner may authorize the filing or use of a copy in place of the original. The examiner may authorize the substitution of a copy of any original document received in evidence as an exhibit and return the original to the owner.
RR 1.04(4)
(4) Parties may be off the record only when the examiner permits. If a discussion off the record is pertinent, the examiner will summarize it on the record. Any argument before the examiner on objections to receipt of evidence or on motions to strike will not be recorded. The legal reasons for the objections or motion will be recorded.
RR 1.04(5)
(5) Members of the office staff appear neither in support of nor opposition to any cause, but solely to discover and present facts pertinent to the issues.
RR 1.04(6)
(6) No smoking is permitted during hearings.
RR 1.04(7)
(7) Failure to comply with any order issued under sub.
(2) or s.
RR 1.09 by any of the parties without good cause shown for the failure to comply shall result in sanctions being imposed by the examiner. Sanctions which shall be imposed include any of the following:
RR 1.04(7)(a)
(a) An order that the matters for which the initial order was made or any other designated facts shall be taken to be established for the purposes of the hearing in accordance with the claim of the party obtaining the order;
RR 1.04(7)(b)
(b) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the disobedient party from introducing designated matters in evidence; or
RR 1.04(7)(c)
(c) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgement by default against the disobedient party.
RR 1.04(8)
(8) At the request of any of the parties or on the examiner's own motion, the examiner may order the sequestering of witnesses.
RR 1.04 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am. (2) and (5), cr. (7) and (8),
Register, August, 1986, No. 368, eff. 9-1-86; correction in (7) (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 1996, No. 485; am. (1) and (7) (intro.),
Register, February, 1999, No. 518, eff. 3-1-99.
RR 1.05
RR 1.05
Nonappearance at hearing. RR 1.05(1)(1)
When the complainant, petitioner or applicant fails to appear at the hearing without good cause shown, the complaint, petition or application, as the case may be, may be dismissed by the examiner.
RR 1.05(2)
(2) When the respondent or objector fails to appear at the hearing without good cause shown, the allegations of the complaint, petition, application or order to show cause, as the case may be, may be taken as true, and a final order may be issued without further notice of hearing.
RR 1.05(3)
(3) If a party, having failed to appear at a hearing, shows good cause for the failure to the commissioner within 10 days after the final order is issued, the commissioner may set aside the order and afford further opportunity to be heard.
RR 1.05 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am. (3),
Register, August, 1986, No. 368, eff. 9-1-86.
RR 1.06(2)
(2) The presiding examiner shall rule on all objections and motions made prior to the issuance of the proposed decision.
RR 1.06(3)
(3) Failure of a party to object on the record to admission of any evidence shall be deemed a waiver of that objection.
RR 1.06(4)
(4) Any party who is dissatisfied with an examiner's ruling may submit comments explaining their position to the commissioner during the period set for receiving comments on the proposed order. If there is no proposed order, comments shall be filed within 15 days after the close of the period for receiving evidence. The commissioner shall review those comments prior to issuing a final order.
RR 1.06(5)
(5) Petitions or written communications addressed to the commissioner not admissible as evidence may be filed, but will not be considered evidence.
RR 1.06(6)
(6) The party introducing a document as an exhibit shall furnish a copy to all other parties in attendance.
RR 1.06 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am. (4) and (5),
Register, August, 1986, No. 368, eff. 9-1-86.
RR 1.07(1)(1)
A stenographic, electronic or other record of oral proceedings shall be made by the office. A written transcript of the record shall be prepared only as deemed necessary by the office, and unless otherwise prepared by the office for its own use, shall not be prepared at the specific request of any person unless needed by that person for appeal or court review purposes, or other valid reasons.
RR 1.07(2)
(2) Except as otherwise provided by statute, if a transcript has been prepared by the office for its own use, copies may be furnished to all interested parties upon payment of a fee of 15 cents for each page. If no transcript of the record has been prepared by the office and a specific request for a transcript is made, the party making the request shall be responsible for all reasonable costs incurred by the office in transcribing the record and in preparation of the transcript. Any party who on the basis of a verified petition can establish to the satisfaction of the office the need for a transcript and financial inability to pay for a copy may be furnished a copy free of cost. No fee shall be assessed against government bodies.
RR 1.07(3)
(3) If a proceeding has been recorded, the office may substitute a copy of the tapes for a transcript request if no petition for judicial review has been filed. The cost per tape shall be an amount set by the office based on the actual total cost and paid in advance, unless otherwise provided by statute.
RR 1.07 Note
Note: The cost per tape is $12.00. This amount is subject to change.
RR 1.07 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am.
Register, August, 1986, No. 368, eff. 9-1-86; am. (3),
Register, February, 1999, No. 518, eff. 3-1-99.
RR 1.08
RR 1.08
Briefs and answers. RR 1.08(1)(1)
The examiner may require briefs in any matter before the office and answers to complaints.
RR 1.08(2)
(2) Whenever briefs and answers are filed, the examiner shall indicate the date on or before which they shall be submitted.
RR 1.08(3)
(3) Briefs shall be no more than 10 pages, typed in double space on 8
1⁄
2 x 11 inch paper, unless the examiner provides otherwise. An original and one copy of the brief shall be filed with the office and one copy mailed, transmitted by facsimile or delivered in person to each of the other parties.
RR 1.08 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am. (3),
Register, August, 1986, No. 368, eff. 9-1-86; am. (1) and (3),
Register, February, 1999, No. 518, eff. 3-1-99.
RR 1.09
RR 1.09
Witnesses, subpoenas and depositions. RR 1.09(1)(1)
Any party may request the examiner to issue subpoenas to compel the attendance of witnesses.
RR 1.09(2)
(2) Any party may request the examiner to issue subpoenas duces tecum to compel a witness to bring specific documents.
RR 1.09(3)
(3) The examiner may limit the scope of the subpoena or deny it if it appears to be unreasonable, oppressive, excessive in scope or unduly burdensome.
RR 1.09(4)
(4) Depositions and written interrogatories may be taken and used as evidence as provided in ch.
804, Stats.
RR 1.09 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82.
RR 1.10
RR 1.10
Close of hearing and evidence. RR 1.10(1)(1)
Evidence in any proceeding will be declared closed when due opportunity to furnish relevant evidence, including proper cross-examination of witnesses and rebuttal, has been afforded all parties. If by stipulation of the parties or by direction of the examiner documentary evidence is permitted or directed to be introduced subsequent to the close of testimony, the evidence will be declared closed when such documentary evidence is received or when the specified time for furnishing it has elapsed without its being furnished. The examiner may extend the time as originally prescribed for filing such evidence.
RR 1.10(2)
(2) When the evidence is closed, but before a proposed decision is issued, the examiner may reopen the hearing for the taking of further evidence.
RR 1.10(3)
(3) A hearing is closed when evidence is closed and when after the proposed decision is issued any period fixed for filing of briefs, comments or presentation of oral argument has expired. If the time for filing briefs or comments has expired and the briefs or comments of one or more parties are not filed within that time, the commissioner may proceed to final determination of the proceeding.
RR 1.10 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am. (3),
Register, August, 1986, No. 368, eff. 9-1-86.
RR 1.11
RR 1.11
Comments on proposed decisions. RR 1.11(1)(1)
Where a proposed decision is prepared and circulated, comments shall be filed within 15 days of the date of the proposed decision unless a different date is specified by the examiner or commissioner. An original and one copy of the comments shall be filed with the office and one copy mailed, transmitted by facsimile, or delivered in person to each of the other parties listed in the proposed decision.
RR 1.11(2)
(2) Oral argument shall be held only where directed by the commissioner.
RR 1.11(2)(a)
(a) Requests for oral argument made by parties admitted to the proceeding prior to preparation and circulation of the proposed decision shall be included with the comments on the proposed decision.
RR 1.11(2)(b)
(b) Requests for oral argument made by an intervenor not admitted as a party to the proceeding prior to preparation and circulation of the proposed decision shall be directed to the commissioner and shall be filed within 5 days of deposit of the proposed decision in the first class mail or delivery in person to the parties to the proceeding. One copy of the request for oral argument by an intervenor under this paragraph shall be deposited in the first class mail or delivered in person to each of the other parties. Parties already admitted to the proceeding shall have until the end of the comment period provided in sub.
(1) to file comments on the admission of the intervenor as a party to the proceeding. Comments on a request made under this paragraph may be included with the comments filed under sub.
(1) or filed separately. Oral argument directed by the commissioner to be held under this paragraph shall be limited to relevant questions of law and the application of policy by the office.
RR 1.11 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am. (1), r. and recr. (2),
Register, August, 1986, No. 368, eff. 9-1-86; am. (1),
Register, February, 1999, No. 518, eff. 3-1-99.
RR 1.12(1)(1)
Office records shall be open and available to the public as required by ch.
19, Stats.
RR 1.12(2)
(2) Written requests for copies of office records shall be addressed to the commissioner or to the legal custodian of records.
RR 1.12(3)
(3) The fee for reproduction, photocopying, photographing, transcription or other duplication of a public record in the custody of the office may not exceed the actual, direct and necessary cost.
RR 1.12 Note
Note: The office charges the following fees: simple photocopying - 15 cents per page, cassette tape of hearing $12.00. When the cost of locating a record exceeds $50, the office charges the actual, necessary and direct costs of location. These amounts are subject to change.
RR 1.12(4)
(4) With the agreement of the record requester, the custodian of records may elect to use a private company to produce copies of records in any form. The fee for such copies shall be the actual cost charged by the private company plus the cost of any office staff labor.
RR 1.12 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am.
Register, August, 1986, No. 368, eff. 9-1-86; renum. from OCT 1.13,
Register, May, 1996, No. 485, eff. 6-1-96; am. (3), cr. (4),
Register, February, 1999, No. 518, eff. 3-1-99.
RR 1.13
RR 1.13
Environmental review. RR 1.13(1)(1)
Approval of construction of major railroad facilities shall be screened using a screening worksheet to determine whether an environmental impact statement is required.
RR 1.13(2)
(2) The following types of office actions shall not require an environmental impact statement:
RR 1.13(2)(d)
(d) Granting exemptions for vertical and horizontal clearances.
RR 1.13(3)
(3) Any action not specifically categorized in subs.
(1) and
(2) is presumed not to be a major action which may significantly affect the human environment. The office shall consider on an individual basis, any such action brought to its attention, and may determine that a screening worksheet is required to determine whether an environmental impact statement is needed.
RR 1.13(4)
(4) The procedure for an environmental screening shall be that outlined in ch.
PSC 4.
RR 1.13(5)
(5) If an environmental impact statement is required, it shall be prepared in the manner outlined in ch.
PSC 4.
RR 1.13 History
History: Cr.
Register, October, 1982, No. 322, eff. 11-1-82; am. (2) (intro.) and (3),
Register, August, 1986, No. 368, eff. 9-1-86; renum. from OCT 1.14,
Register, May, 1996, No. 485, eff. 6-1-96; correction in (4) and (5) made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 1996, No. 485; r. (2) (a) to (d), (f) and (g), renum. (2) (e), (h) and (i) to be (2) (a) to (c), cr. (2) (d),
Register, February, 1999, No. 518, eff. 3-1-99.
RR 1.14(1)(1)
Form. Each proposed decision issued by a hearing examiner shall be in writing, with a title identifying the matter and the docket number.
RR 1.14(2)
(2) Content. Each proposed decision shall include all of the following:
RR 1.14(2)(b)
(b) Proposed ultimate conclusion on each material issue.
RR 1.14(2)(d)
(d) A proposed order setting out the duties of each party, including deadlines for work or installations required, and an apportionment of costs.
RR 1.14 History
History: Cr.
Register, February, 1999, No. 518, eff. 3-1-99.
RR 1.15(1)(1)
Form. Each final decision issued by a hearing examiner shall be in writing, with a title identifying the matter and the docket number.
RR 1.15(2)
(2) Content. Each final decision shall include all of the following:
