Chapter Ins 5

Ins 5.41(2)(a)1. 1. Be printed or handwritten on only one side of 8-1/2 by 11 inch paper.

Ins 5.41(2)(a)2. 2. Be double spaced.

Ins 5.41(2)(a)3. 3. Have margins of not less than one inch on all sides.

Ins 5.41(2)(a)4. 4. If typewritten or typeset, have a typeface containing not less than 12 characters to the inch.

Ins 5.41(2)(b) (b)

Ins 5.41(2)(b)1. 1. A party’s initial typewritten or typeset brief may not exceed 40 pages in length.

Ins 5.41(2)(b)2. 2. A party’s initial handwritten brief may not exceed 20,000 words or 50 pages in length.

Ins 5.41(2)(c) (c)

Ins 5.41(2)(c)1. 1. A party’s subsequent typewritten or typeset brief may not exceed 10 pages in length.

Ins 5.41(2)(c)2. 2. A party’s subsequent handwritten brief may not exceed 4,000 words or 12 pages in length.

Ins 5.41 History History: Cr. Register, March, 1996, No. 483, eff. 4-1-96.

subch. IX of ch. Ins 5 Subchapter IX — Decisions

Ins 5.43 Ins 5.43 Proposed decision.

Ins 5.43(1) (1) Issued by administrative law judge. If the administrative law judge is not the final decision maker in a contested case, the administrative law judge shall prepare a proposed decision for consideration by the final decision maker. The proposed decision shall include proposed findings of fact, proposed conclusions of law, a recommended final order and the administrative law judge’s signed opinion explaining the proposed decision. The administrative law judge shall serve a copy of the proposed decision on each party.

Ins 5.43(2) (2) Objections by parties.

Ins 5.43(2)(a) (a) Any party may file written objections to the administrative law judge’s proposed decision under sub. (1). Unless the final decision maker specifies a different time period, an objecting party shall file objections within 20 calendar days after service of the proposed decision and shall serve copies on the other parties. The objecting party shall identify the legal or factual grounds for each objection, and may file a written brief in support of the objections.

Ins 5.43(2)(b) (b) Any other party may file a written response to the objections under par. (a) within 10 calendar days after the objections are filed.

Ins 5.43(2)(c) (c) A final decision maker may, upon written motion by a party, do either of the following:

Ins 5.43(2)(c)1. 1. Extend or limit the time for filing objections or responses to objections.

Ins 5.43(2)(c)2. 2. Permit the parties to make further oral or written arguments to the final decision maker.

Ins 5.43 History History: Cr. Register, March, 1996, No. 483, eff. 4-1-96.

Ins 5.45 Ins 5.45 Final decision.

Ins 5.45(1) (1) Final decision maker.

Ins 5.45(1)(a) (a) If the proceeding arises under ch. Ins 17 or a petition for a declaratory ruling under s. 619.04, Stats., or ch. 655, Stats., the PCF board shall be the final decision maker unless the PCF board directs that the administrative law judge’s decision shall be final.

Ins 5.45(1)(c) (c) In any other case, the commissioner shall be the final decision maker unless the commissioner directs that the administrative law judge’s decision shall be final.

Ins 5.45(2) (2) Contents; notice of rights. The final decision maker, after considering any proposed decision and objections under s. Ins 5.43, shall issue the final decision in a contested case. The final decision shall include findings of fact, conclusions of law, an order, the notice required under s. 227.48, Stats., and a copy of the relevant statutory provisions. If the final decision varies from the administrative law judge’s proposed decision, the final decision shall explain the reasons for the variation.

Ins 5.45(3) (3) Administrative law judge as final decision maker. If the administrative law judge is designated as the final decision maker, the administrative law judge may issue a final decision under sub. (1) without first issuing a proposed decision under s. Ins 5.43, except as provided in s. Ins 5.21 (2).

Ins 5.45(4) (4) Parties for review.

Ins 5.45(4)(a) (a) Each of the following, unless dismissed as a party by the administrative law judge, is a party under s. 227.47, Stats., for purposes of review under s. 227.53, Stats.:

Ins 5.45(4)(a)1. 1. The office, if it participated in the proceeding as a party.

Ins 5.45(4)(a)2. 2. The petitioner, if any.

Ins 5.45(4)(a)3. 3. Each respondent.

Ins 5.45(4)(a)4. 4. Any person permitted to intervene by the administrative law judge.

Ins 5.45(4)(b) (b) The administrative law judge shall prepare a list of persons who are parties for purposes of review under s. 227.47, Stats., and shall include in the proposed decision the name and address of each person on the list. In determining the parties in addition to those specified in par. (a), the administrative law judge shall consider all of the following criteria:

Ins 5.45(4)(b)1. 1. The nature of the proceeding.

Ins 5.45(4)(b)2. 2. The persons affected by the decision and the extent of that effect.

Ins 5.45(4)(b)3. 3. The nature of the participation by those involved in the proceeding, including attendance at hearings, cross-examination of witnesses and submission of briefs.

Ins 5.45(4)(c) (c) Each person listed as a party under par. (b) shall be served with the final decision and any posthearing motion or petition for rehearing, reopening or judicial review, submitted by any party after service of the final decision, and with any correspondence or other document directly related to the hearing or decision.

Ins 5.45 History History: Cr. Register, March, 1996, No. 483, eff. 4-1-96; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register June 2005 No. 594; CR 17-015: r. (1) (b) Register December 2017 No. 744, eff. 1-1-18.