Wisconsin Legislature: TCS 4.20(1)

TCS 4.10 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.11TCS 4.11 Prehearing conferences. Prehearing conferences may be held at the convenience of the parties and shall be conducted by the hearing examiner designated pursuant to s. TCS 4.12, who shall keep a record of any agreement as to the issues, or stipulation or admission of fact which may be made at such conference or conferences. Such record shall be attached to the file in memorandum form and constitute a part of the official record of the proceeding.

TCS 4.11 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, September, 1985, No. 357, eff. 10-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

TCS 4.12TCS 4.12 Conduct of hearings.

TCS 4.12(1)(1) Hearing examiner. Unless otherwise ordered by the board, all hearings shall be conducted on behalf of the board by a hearing examiner designated by the state director, who shall, in addition to any powers contained in this chapter, have all powers of a hearing examiner permitted by ch. 227, Stats.

TCS 4.12(2)(2) Procedure. The hearing examiner will open the hearing and make a concise statement of its scope and purposes. If the matter is contested, the hearing examiner will state the issues in the proceedings. Thereafter, parties may make motions or opening statements.

TCS 4.12(3)(3) Opening statements. When opening statements are made they shall be confined to:

TCS 4.12(3)(a)(a) A brief summary or outline in clear and concise form of the evidence to be offered; and

TCS 4.12(3)(b)(b) A statement of ultimate legal points relied upon.

TCS 4.12(4)(4) Off record. Parties may be off the record only when the hearing examiner permits. If a discussion off the record is deemed pertinent by the hearing examiner, the hearing examiner may summarize it on the record.

TCS 4.12 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.13TCS 4.13 Appearances. Parties may appear in person or by a regularly employed employee or agent, or by a duly authorized attorney at law, and if a corporation by any of its active officers. Upon an appearance at a hearing the name and mail address of the party appearing and the name and mail address of any agent, employee, officer or attorney appearing with or for the party shall be furnished and entered in the record of the proceedings, and the appearances so made and the mail addresses so given shall be binding on the party unless and except as modified by written notice to the state director or the hearing examiner conducting the hearing and to all other parties appearing in the proceeding and served as provided by s. TCS 4.05 which when so modified shall in turn have the same force and effect as in the first instance.

TCS 4.13 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (1), Register, September, 1985, No. 357, eff. 10-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; CR 21-036: renum. (1) to TCS 4.13, r. (2) Register August 2021 No. 788, eff. 9-1-21.

TCS 4.14TCS 4.14 Order of presenting evidence. Evidence ordinarily will be presented upon petitions: a) petitioner and supporting witnesses and b) respondent and supporting witnesses.

TCS 4.14 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81; CR 21-036: cons. (intro.) and (2) and renum. to TCS 4.14 and am., r. (1) Register August 2021 No. 788, eff. 9-1-21.

TCS 4.15TCS 4.15 Evidence and official notice. Rules of evidence are governed by s. 227.45, Stats.

TCS 4.15 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525.

TCS 4.16TCS 4.16 Defaults. If a party who has received notice of a hearing fails to appear at the hearing, the hearing examiner may proceed with the hearing and, on the evidence presented, may make a decision and issue an order.

TCS 4.16 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.17TCS 4.17 Subpoenas and witnesses. The hearing examiner designated to conduct the hearing may sign and issue subpoenas for the attendance of witnesses or parties at hearings.

TCS 4.17 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.18TCS 4.18 Record of hearings.

TCS 4.18(1)(1) Method. Hearings will be recorded either stenographically or mechanically, and the transcript together with all exhibits, shall be a part of the official record of such proceeding. A typed transcript will be made when deemed necessary by the board. If a transcript is made by the board, copies will be furnished to all persons upon request at a reasonable cost. If no transcript is deemed necessary by the board and a party requests that one be prepared, that party shall be responsible for all costs of transcript preparation. In lieu of a transcript the board will provide any person a copy of the tape recording of the hearing if mechanically recorded upon request and at a reasonable cost. All requests pursuant to the foregoing shall be made in writing and presented to the hearing examiner at the hearing.

TCS 4.18(2)(2) Financial need. Any party who by affidavit or other appropriate means can establish to the board’s satisfaction that the party is impecunious may be provided a copy of the transcript or a copy of the tape recording without charge.

TCS 4.18(3)(3) Errors in record. Any party, within 7 days of the date of mailing of the transcript, may file with the board a notice in writing of any claimed error in the record and shall mail a copy of the notice to each party of record. All parties will be advised by the board of any authorized corrections to the record.

TCS 4.18 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.19TCS 4.19 Stipulations. All stipulations or agreements in reference to a matter that is the subject of a hearing shall be either dictated at length into the record, or reduced to writing, shall be signed by the persons or parties stipulating, and filed as a part of the record of the proceedings. Controversies, or matters which may be the subject of a hearing, may be disposed of by stipulation, agreed settlement, or consent orders.

TCS 4.19 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.20TCS 4.20 Motions.

TCS 4.20(1)(1) Procedure. Unless made during a hearing or prehearing conference, all motions shall be made in writing, shall state with particularity the grounds for the motion and the relief or order sought. A notice of motion is not required, notice being satisfied by service of the copy of the motion.

TCS 4.20(2)(2) Supporting papers. A brief or other papers in support of a motion including affidavits and documentary evidence, shall be served and filed with the motion.

TCS 4.20 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.21TCS 4.21 Oral statements and arguments. Parties may make opening statements after appearances have been entered, and any party to the proceeding may make closing argument at the close of the hearing, which shall not be included in the stenographic or mechanical report of the hearing, unless the presiding officer so directs. The hearing examiner may in his or her discretion, limit the amount of time for opening statement or closing arguments.

TCS 4.21 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.22TCS 4.22 Briefs. The hearing examiner at the hearing shall indicate whether or not briefs are desired and may impose a briefing schedule. If the time for filing briefs has expired and the brief of one or more of the parties has not been filed within the prescribed time, the board may proceed to its determination of the matter. Extension of time to file briefs may be granted by the hearing examiner upon good cause shown.

TCS 4.22 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.23TCS 4.23 Decisions. Where a proposed decision is prepared and circulated pursuant to s. 227.46 (2) or (4), Stats., objections thereto shall be filed within 15 days of service unless a different period is specified by the hearing examiner or board. Objections and briefs shall be filed together and served on all parties.

TCS 4.23 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525.

TCS 4.24TCS 4.24 Petition for rehearing. The board shall not grant a rehearing except upon formal petition being filed with the board within 20 days after service of the final order and decision. Rehearing will be granted only on the basis of some material error of law or fact, or new evidence sufficiently strong to reverse or modify the order, and which could not have been previously discovered by due diligence. The board may order a rehearing or enter an order with reference to the petition without a hearing, and shall dispose of the petition within 20 days after it is filed. If the board does not enter an order disposing of the petition within the 20 day period, the petition shall be deemed to have been denied as of the expiration of the 20 day period.

TCS 4.24 HistoryHistory: Cr. Register, February, 1981, No. 302, eff. 3-1-81.