Chapter CVRB 1

CVRB 1.07(1) (1) A hearing may be requested by any party or by the board. A party may appear in person or by telephone at the hearing, or may submit a written statement of position on the complaint in place of a personal appearance.

CVRB 1.07(2) (2) A party who chooses not to appear at the hearing shall notify the board not later than two weeks prior to the hearing of this intent. A party who chooses to submit a written statement shall submit that statement to the board not later than one week prior to the scheduled hearing date.

CVRB 1.07(3) (3) One month prior to the hearing, or at another date determined by the board, the parties may provide the board with all of the following:

CVRB 1.07(3)(a) (a) A list of witnesses whom the party wishes to have the board subpoena for the hearing. Subpoenas may also be issued in accordance with s. 227.45 (6m), Stats.

CVRB 1.07(3)(b) (b) A list of questions for the board to ask another party or witness at the hearing.

CVRB 1.07(4) (4) The board, or its designee, or a hearing examiner proceeding under ch. 227, Stats., may preside over the hearing.

CVRB 1.07(5) (5) The parties appearing at the hearing shall be afforded reasonable opportunity to be represented by counsel, to call witnesses, and to present evidence. Questioning of a party by another party is not favored and may be limited by the board consistent with s. 227.45 (6), Stats.

CVRB 1.07(6) (6) The board may set reasonable time limits for testimony and may limit the number of witnesses called by a party. No party may require the mediator to testify as a witness at the hearing.

CVRB 1.07(7) (7) Proof of a violation of the rights of a crime victim shall be made by clear and convincing evidence. “Clear and convincing evidence” means evidence which satisfies and convinces the board, because of its greater weight, that a violation occurred.

CVRB 1.07(8) (8) A stenographic, electronic or other record shall be made of all hearings in which the testimony of witnesses is offered as evidence. Testimony will not be transcribed unless a party requests a transcript and pays any costs required to prepare the transcript. The board shall prepare a transcript, at its own expense, in the event a party seeks judicial review of the board’s decision.

CVRB 1.07(9) (9) The board may vote to hold the hearing in closed session pursuant to s. 19.85 (1) (f), Stats. Parties and their counsel or another advocate, including a family member, shall be permitted to be present during the entire hearing.

CVRB 1.07(10) (10) Witnesses subpoenaed at the request of a party or the board shall be entitled to compensation from the board for attendance and travel as provided in ch. 885, Stats.

CVRB 1.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

CVRB 1.08 CVRB 1.08 Decisions.

CVRB 1.08(1) (1) At the close of the hearing, the board shall meet for purposes of deliberating on the complaint. Upon a vote of the board, the board may deliberate in closed session as provided by s. 19.85 (1) (a), Stats.

CVRB 1.08(2) (2) Within 30 days of the close of the hearing, or by another date established by the board if no hearing is held, the board’s legal counsel shall prepare a written proposed decision for the board, including findings of fact, conclusions of law, and a recommended remedy, and shall provide the proposed decision to the board.

CVRB 1.08(3) (3) The board shall consider the proposed decision at its next regularly scheduled meeting or at a meeting called by the chairperson. The board may amend any portion of the recommended decision prior to approving the final decision. Upon a vote of the board, the board may conduct its discussion of the final decision in closed session as provided by s. 19.85 (1) (a), Stats.

CVRB 1.08(4) (4) The board shall provide the final decision to the parties along with a notice of the right to request rehearing or seek judicial review under ch. 227, Stats.

CVRB 1.08(5) (5) If no hearing has been held, the board shall make its final decision under the process provided in subs. (2) and (3).

CVRB 1.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

CVRB 1.09 CVRB 1.09 Rehearing.

CVRB 1.09(1) (1) A party aggrieved by the final decision may file a written request for rehearing with the board within 20 days after the date of the final decision.

CVRB 1.09(2) (2) The request for rehearing shall include a detailed statement of the grounds for the request, including the material error of fact or law, or newly discovered evidence, that in the party’s view warrants a rehearing. If the request is based on newly discovered evidence, the party shall state why the evidence could not have been previously discovered through reasonably diligent effort.

CVRB 1.09(3) (3) The board may grant a rehearing on the basis of one or more of the following:

CVRB 1.09(3)(a) (a) A material error of law.

CVRB 1.09(3)(b) (b) A material error of fact.

CVRB 1.09(3)(c) (c) The discovery of new evidence sufficiently strong to reverse or modify the original decision which could not have been previously discovered through reasonably diligent efforts by the parties.

CVRB 1.09(4) (4) The board shall determine whether to grant the request for rehearing at its next regularly scheduled meeting or at a meeting called by the chairperson. If the board grants rehearing, it shall follow the procedures in s. CVRB 1.07 in conducting the rehearing.

CVRB 1.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

CVRB 1.10 CVRB 1.10 Judicial review. Judicial review of the board’s final decision is governed by ss. 227.52 to 227.59, Stats.

CVRB 1.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

CVRB 1.11 CVRB 1.11 Miscellaneous provisions.

CVRB 1.11(1) (1) Relief from deadlines. The board may grant a party’s request for reasonable extension of the deadlines set forth in this chapter.

CVRB 1.11(2) (2) Representation. A party may be represented throughout proceedings under this chapter, including at hearing, by counsel or by another advocate.

CVRB 1.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.