Chapter VE 3

VE 3.36(4) (4) Impartiality.

VE 3.36(4)(a) (a) An administrative law judge shall withdraw from a contested case if the administrative law judge determines that there is a conflict of interest or other circumstance which prevents the administrative law judge from acting impartially, or which creates an undue appearance of bias.

VE 3.36(4)(b) (b) If an administrative law judge receives an ex parte communication which violates s. 227.50 (1), Stats., the administrative law judge shall deal with the ex parte communication as provided in s. 227.50 (2), Stats.

VE 3.36 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (4) (b) made under s. 35.17, Stats., Register July 2022 No. 799.

VE 3.38 VE 3.38 Settlements. At any point in a proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both a written stipulation, signed by the respondent and any representative and disciplinary counsel, setting forth the agreed terms of settlement, and a proposed final order disposing of the case, for approval by the board. No stipulation disposing of a complaint shall be effective or binding in any respect until approved by the board in a signed final order.

VE 3.38 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.40 VE 3.40 Conduct of hearing.

VE 3.40(1) (1) Record. An electronic or stenographic recording shall be made of all hearings in which the testimony of a witness is offered as evidence.

VE 3.40(2) (2) Evidence. The respondent shall have the right to appear in person or by counsel, and both parties have the right to call, examine, and cross-examine witnesses and to introduce evidence into the record.

VE 3.40(2m) (2m) Remote hearings. A hearing, or any portion of a hearing, may be held by telephone or video-conference if the administrative law judge determines that this method is justified for the convenience of any party or witness, and that no party is unfairly prejudiced by this method. The party calling a witness to testify by telephone or video-conference shall notify the administrative law judge before the hearing to allow for making the necessary arrangements and is responsible for providing the witness with a complete set of numbered copies of all exhibits.

VE 3.40(3) (3) Briefs. The administrative law judge may require or permit the filing of briefs.

VE 3.40(4) (4) Motions. All motions, except those made at hearing, shall be in writing, filed by the date set by the administrative law judge, and a copy served upon the opposing party. If no date is set by the administrative law judge all motions shall be filed 10 business days before hearing.

VE 3.40(5) (5) Summary judgment. The parties may use the summary judgment procedure provided in s. 802.08, Stats.

VE 3.40(6) (6) Adjournments. The administrative law judge may, for good cause, grant continuances, adjournments and extensions of time.

VE 3.40(7) (7) Subpoenas.

VE 3.40(7)(a) (a) Subpoenas for the attendance of any witness at a hearing in the proceeding may be issued in accordance with s. 885.01, Stats. Service shall be made in the manner provided in s. 805.07 (5), Stats. A subpoena may command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein.

VE 3.40(7)(b) (b) An administrative law judge may issue protective orders according to the provisions of s. 805.07, Stats.

VE 3.40 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in numbering (2m) under s. 13.92 (4) (b) 1., Stats., and (2m) title created under s. 13.92 (4) (b) 2., Stats., Register July 2022 No. 799.

VE 3.42 VE 3.42 Witness fees and costs. Witnesses subpoenaed at the request of the disciplinary counsel shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats.

VE 3.42 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.44 VE 3.44 Record of proceedings, transcripts.

VE 3.44(1) (1) Record of oral proceedings. Oral proceedings in a disciplinary proceeding shall be electronically recorded unless the administrative law judge determines that a stenographic record is required.

VE 3.44(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.

VE 3.44(3) (3) Stenographic recording; copies.

VE 3.44(3)(a) (a) If a stenographic recording is made, the reporting service who records the proceeding may charge a fee for an original transcription and for copies. Fees are identified in the state operational purchasing bulletin for reporting services and fees allowed to be charged.

VE 3.44 Note Note: Purchasing bulletins may be obtained through the State Bureau of Procurement, PO Box 7867, Madison WI 53707-7867, call [phone] or email [e-mail].

VE 3.44(3)(b) (b) A person who is without means and who requires a transcript for appeal or other reasonable purposes shall be furnished with a transcript without charge upon the filing of a petition of indigency signed under oath.

VE 3.46 VE 3.46 Proposed decision. The administrative law judge shall prepare a proposed decision for consideration by the board. The proposed decision shall include proposed findings of fact, conclusions of law, and a final order, with a signed opinion explaining the proposed decision.

VE 3.46 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.48 VE 3.48 Assessment of costs.

VE 3.48(1) (1) The proposed decision shall include a recommendation whether all or part of the costs of the proceeding shall be assessed against the respondent.

VE 3.48(2) (2) If a respondent objects to the recommendation that costs be assessed, objections to the assessment of costs shall be filed at the same time as other objections to the proposed decision.

VE 3.48(3) (3) When costs are imposed, the administrative law judge shall file a supporting affidavit with the proposed decision, listing costs incurred to be paid by the respondent. Within 20 days, the disciplinary counsel shall file a supporting affidavit showing costs incurred. The respondent shall file any objection to the affidavits within 15 days after service of the disciplinary counsel’s affidavit.

VE 3.48 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.50 VE 3.50 Service of proposed decision. The administrative law judge shall deliver the proposed decision, with a copy of the record including the electronic recording of the proceedings, to the board. The administrative law judge shall serve the proposed decision on the parties, in the manner agreed to by the parties. Each proposed decision shall contain a notice providing each party, adversely affected by the proposed decision, with an opportunity to file objections and written argument with the board. A party adversely affected by a proposed decision shall have 20 days from the date of service of the proposed decision to file objections and argument.

VE 3.50 Note Note: Objections may be electronically filed at [e-mail] or mailed to the Wisconsin Veterinary Examining Board, PO Box 8911, Madison, WI 53708-8911.

VE 3.50 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.52 VE 3.52 Final decision and order. After the time expires for filing all objections to the proposed decision and order, including assessment of costs, the board shall meet to make a final decision and order in a disciplinary proceeding. The final decision and order shall include a determination whether all or part of the costs of the proceeding shall be assessed against the respondent. If the final decision varies from the administrative law judge’s proposed decision, the final decision shall explain the reasons for all variations.

VE 3.52 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

subch. IV of ch. VE 3 Subchapter IV — Summary Suspensions and Limitations

VE 3.54 VE 3.54 Scope. This subchapter governs procedures in all summary suspension or limitation proceedings against credential holders before the board.

VE 3.54 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.56 VE 3.56 Petition for summary suspension or limitation.

VE 3.56(1) (1) The disciplinary counsel shall petition the board for a summary suspension or limitation. The petition shall state the name and credential status of the respondent, and an assertion of the facts establishing that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires summary suspension or limitation of the respondent’s credential.

VE 3.56(2) (2) The petitioner shall sign the petition upon oath and make the petition upon information and belief or by affidavit of another person with knowledge of the necessary facts to sustain the petition.

VE 3.56 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.58 VE 3.58 Notice of petition to respondent. Prior to presenting the petition, the petitioner shall give notice to the respondent and respondent’s authorized representative of the time and place when the petition will be presented to the board. Notice may be given by mailing a copy of the petition and notice to the last-known address of the respondent as indicated in the records of the board, pursuant to s. 227.44 (1), Stats. Notice by mail is complete upon mailing. Notice may also be given by electronic transmission if agreed to by the respondent or authorized representative.

VE 3.58 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.60 VE 3.60 Issuance of summary suspension or limitation order.

VE 3.60(1) (1) If the board finds that notice has been given under s. VE 3.58 and finds probable cause to believe that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent’s credential, the board may issue an order for summary suspension or limitation. The order may be issued at any time prior to or subsequent to the commencement of a disciplinary proceeding under s. VE 3.26.

VE 3.60(2) (2) The petitioner may establish probable cause under sub. (1) by affidavit or other evidence.

VE 3.60(3) (3) The summary suspension or limitation order shall be effective upon service, under s. VE 3.62, or upon actual notice of the summary suspension or limitation order to the respondent or respondent’s attorney, whichever is sooner. The order shall continue through the effective date of the final decision and order made in the disciplinary proceeding against the respondent, unless the credential is restored or the limitation is lifted under s. VE 3.64 or the disciplinary proceeding is otherwise terminated.

VE 3.60 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.62 VE 3.62 Contents of summary suspension or limitation order. The summary suspension or limitation order shall include all of the following:

VE 3.62(1) (1) The manner in which the respondent or the respondent’s attorney was notified of the petition for summary suspension or limitation.

VE 3.62(2) (2) The identification of all witnesses providing evidence at the time the petition for summary suspension or limitation was presented and identification of the evidence used as a basis for the decision to issue the summary suspension or limitation order.

VE 3.62(3) (3) A finding that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent’s credential.

VE 3.62(4) (4) A statement that the suspension or limitation order is in effect and continues until the effective date of a final order and decision in the disciplinary proceeding against the respondent, unless otherwise ordered by the board.

VE 3.62(5) (5) A statement of the respondent’s right to request a hearing at any time to show cause why the summary suspension or limitation order should not be continued, with the board’s office mailing address or email address where a request for hearing may be filed.

VE 3.62(6) (6) A statement that the hearing to show cause shall be scheduled for hearing on a date within 20 days of receipt by the board of respondent’s request for hearing, unless a later time is requested by or agreed to by the respondent.

VE 3.62 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.64 VE 3.64 Service of summary suspension or limitation order. An order of summary suspension or limitation shall be served upon the respondent by mail or by email if agreed to by respondent or respondent’s attorney.

VE 3.64 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.66 VE 3.66 Hearing to show cause.

VE 3.66(1) (1) A hearing to show cause shall be scheduled for a date no later than 20 days after the filing of the request for hearing with the board, unless a later time is requested by or agreed to by the respondent.

VE 3.66(2) (2) Unless the parties otherwise agree, no discovery is permitted, except for the taking and preservation of evidence as provided in ch. 804, Stats., with respect to witnesses described in s. 227.45 (7) (a) to (d), Stats. A respondent may inspect records under s. 19.35, Stats., the public records law.

VE 3.66(3) (3) At the hearing to show cause, the disciplinary counsel may call, examine and cross-examine witnesses, or present other evidence in order sustain its burden to show, by a preponderance of the evidence, why the summary suspension or limitation order should be continued. The respondent may testify, call, examine and cross-examine witnesses, and offer other evidence to rebut disciplinary counsel’s showing.

VE 3.66(4) (4) Immediately upon conclusion of the hearing to show cause the board shall make findings and an order on the record. If it is determined that the summary suspension or limitation order should not be continued, the suspended credential shall be immediately restored, and any limitation shall be lifted.

VE 3.66 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.68 VE 3.68 Delegation.

VE 3.68(1) (1) The board may delegate authority to preside over and rule in a hearing to show cause to an administrative law judge employed by the division.

VE 3.68(2) (2) A delegation of authority under sub. (1) may be continuing.

VE 3.68 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.70 VE 3.70 Commencement of disciplinary proceeding.

VE 3.70(1) (1) A complaint, under s. VE 3.26, commencing a disciplinary proceeding against the respondent shall be issued no later than 20 days following the issuance of the summary suspension or limitation order or the suspension or limitation shall lapse at the end of the tenth subsequent day, meaning the thirtieth day following the issuance of the summary suspension or limitation order. The formal disciplinary proceeding shall be determined promptly.

VE 3.70(2) (2) If at any time the disciplinary proceeding is not advancing with reasonable promptness, the respondent may make a motion to the administrative law judge for an order granting relief.

VE 3.70(3) (3) If it is found that the disciplinary proceeding is not advancing with reasonable promptness, and the delay is not as a result of the conduct of respondent or respondent’s counsel, a remedy, as would be just, shall be granted including:

VE 3.70(3)(a) (a) An order immediately terminating the summary suspension or limitation.

VE 3.70(3)(b) (b) An order compelling that the disciplinary proceeding be held and determined by a specific date.

VE 3.70 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

subch. V of ch. VE 3 Subchapter V — Administrative Injunctions

VE 3.72 VE 3.72 Scope; kinds of proceedings. This subchapter governs procedures for public hearings before the department to determine whether a person has engaged in a practice or used a title without a credential required under ch. 89, Stats., and whether to issue a special order for an administrative injunction.

VE 3.72 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.74 VE 3.74 Pleadings to be captioned. All pleadings, notices, orders, and other papers filed in an administrative injunction proceeding shall be captioned: “BEFORE THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION” and shall be entitled: “IN THE MATTER OF A PETITION FOR A SPECIAL ORDER TO ENJOIN _________________, RESPONDENT.”

VE 3.74 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.76 VE 3.76 Petition for administrative injunction. Department counsel, on behalf of the division, may petition for a special order from the department to issue an administrative injunction, which shall allege that a person has engaged in a practice or used a title without a credential required under ch. 89, Stats. A petition may be made on information and belief and shall contain:

VE 3.76(1) (1) The name and address of the respondent and the name and address of the department attorney who is prosecuting the petition.

VE 3.76(2) (2) A short statement in plain language of the basis for the belief that the respondent has engaged in a practice or used a title without a credential required under ch. 89, Stats., and specifying the statute or rule alleged to have been violated.

VE 3.76(3) (3) A request in essentially the following form: “Wherefore, the petitioner requests that a public hearing be held and that the department issue a special order enjoining the person from the continuation of the practice or use of the title.”