NR 2.04 NoteNote: The Division of Hearings and Appeals is located at 4822 Madison Yards Way, Madison, WI 53705. The department’s Bureau of Legal Services is located at 101 S. Webster St., 8th floor, Madison, WI, mailing address: Box 7921, Madison, WI 53707.
NR 2.04 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. Register, March, 1978, No. 267, eff. 4-1-78; am. Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04. NR 2.05NR 2.05 Forms of petitions. Petitions shall conform with the applicable statute as to form, content, number of signatories and verifications. All petitions shall be served within the time specified by statute or administrative rule, or, where no time is specified, within 30 days of the date of the order or decision to be reviewed. The department may request additional information concerning any petition or request served under this section. The department may deny any petition or request where the information required or requested under this section is not provided. Forms of petitions in various proceedings shall follow the following formats: To the Department of Natural Resources:
The undersigned hereby petitions for a review of the department order dated , 20 , whereby it was ordered
.
The grounds for this petition are
The modification or change desired is
Date
Signature
Verification
NR 2.05(2)(2) Promulgation, repeal or amendment of rules of the department. The following form shall be used in petitioning for rules pursuant to s. 227.12, Stats. To the Department of Natural Resources:
The undersigned hereby petitions for the promulgation of a rule relating to:
The grounds for this petition are
The petitioners’ interest in the request is
The authority of the department to act is
Date
Signatures (5 needed unless petitioner is a municipality or an association which is representative of a farm, labor, business or professional group)
To the Department of Natural Resources:
The undersigned hereby petitions for the amendment of rule number which provides as follows:
The grounds for this petition are
The modification or change desired is
The petitioners’ interest in the request is
Date
Signatures (5 needed unless petitioner is a municipality or an association which is representative of a farm, labor, business or professional group)
NR 2.05(3)(3) Declaratory rulings. The following form shall be used in petitioning for declaratory rulings pursuant to s. 227.41, Stats. To the Department of Natural Resources:
In the matter of the applicability of the following statute or rule The statute or rule provides as follows:
The grounds for this petition are to determine the applicability of the above provision because of the following state of facts:
The reasons for the requested ruling are
The following are the names and addresses of all other persons other than the petitioner upon whom it is sought to make the ruling binding:
Date
Name Address Signature Verification
NR 2.05(4)(4) Six citizen complaints. The complaint and answer in the proceeding shall conform with the requirements of the applicable provisions of ch. 802, Stats. The following form shall be used in filing 6 citizen complaints pursuant to s. 299.91, Stats.; To the Department of Natural Resources:
(Name) (Address)
is causing or will cause alleged or potential environmental pollution, caused by the activities described herein:
The facts supporting the contention that alleged or potential environmental pollution is or will take place are as follows:
The nature of the alleged or potential environmental pollution is:
The specific relief sought by the complainants is:
Name and address of a person within the state authorized to receive service of the answer and other papers on behalf of the complainants:
(Name) (Address)
Signatures of 6 or more citizens Verifications
NR 2.05(5)(5) Hearings under s. 227.42, Stats. The request for a hearing to be treated as a contested case under s. 227.42, Stats., shall be in writing, and served upon the secretary within 30 days after the department action or inaction complained of, or within the time specified by the statute or administrative rule which accords a right to a hearing. The following form shall be used in requesting a hearing under s. 227.42, Stats. To the Department of Natural Resources:
The undersigned hereby requests that a hearing be held as a contested case under s. 227.42, Stats.
The agency action or inaction which is the basis for the request for a hearing is:
The substantial interest injured or threatened with injury by agency action or inaction is:
The basis for a finding that there is no evidence of legislative intent that the interest is not to be protected is:
The injury to the person requesting the hearing is different in kind or degree from injury to the general public caused by the agency action or inaction because:
There is a dispute of material fact, and the disputed facts are:
The statute or administrative rule other than s. 227.42, Stats., if any, which accords a right to a hearing is:
(Signature) (Address) NR 2.05 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (intro), (1), (2) and (3), r. and recr. (4), cr. (5), Register, March, 1984, No. 339, eff. 4-1-84; correction in (2) (intro.), (3) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1987, No. 373; corrections in (1) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526; CR 02-046: am. (intro.), (1), (2), (3), and (5) Register September 2004 No. 585, eff. 10-1-04. NR 2.055NR 2.055 Determination of jurisdiction. After receipt of a petition for a contested case hearing, the department shall determine whether the petition meets the jurisdictional requirements of the statutes and rules under which the petition is filed. The department shall transmit to the division of hearings and appeals under s. 227.43, Stats., only petitions or portions thereof which the department determines meet the applicable jurisdictional requirements. NR 2.055 HistoryHistory: CR 02-046: cr. Register September 2004 No. 585, eff. 10-1-04. NR 2.06(1)(1) Form. Notice of hearing shall be in writing, with a title identifying the matter set for hearing, and where appropriate, contain a docket number. NR 2.06(2)(2) Content. The notice of hearing shall contain the following information: NR 2.06(2)(d)(d) Other information as the department or the administrative law judge may deem appropriate. NR 2.06(3)(3) Service. Except as otherwise specifically required, service of notice of hearing may be made by personal delivery or by mailing a copy thereof to the last known post office address of the person to be served in a sealed envelope with first class postage prepaid thereon and shall be deemed to have been served upon deposit thereof in the U.S. mails. The department may require service of notice of hearing by registered or certified mail or by publication when deemed appropriate and consistent with the requirements of s. 227.44 (1), Stats. NR 2.06 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (2) (d), Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: am. (1), (2) (d) and (3) Register September 2004 No. 585, eff. 10-1-04. NR 2.065NR 2.065 Contested case designation. NR 2.065(1)(1) Except as provided in sub. (2) or unless otherwise determined by the department or administrative law judge, all department contested case hearings are class 1 proceedings under s. 227.01 (3), Stats. NR 2.065(2)(2) Hearings held under ss. 30.03, 281.17 (3) and (5), 281.19, 281.20, 285.83 (1), 289.95, 289.97 (1), 291.87, 291.89, 291.95 (1), 292.11 (4) and (7) (c), 293.15 (3), 293.83, and 299.21, Stats., and hearings which revoke or suspend a department-issued license as defined in s. 227.01 (5), Stats., are class 2 proceedings. NR 2.065 HistoryHistory: Emerg. cr. eff. 11-1-76; cr. Register, March, 1977, No. 255, eff. 4-1-77; am. Register, March, 1984, No. 339, eff. 4-1-84; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1987, No. 373; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04. NR 2.07NR 2.07 Place of hearings. Unless otherwise specifically provided by law, all contested case hearings shall be held at the offices of the division of hearings and appeals, or at the time, date and place designated by the administrative law judge in the hearing notice. NR 2.07 NoteNote: The offices of the Division of Hearings and Appeals are located at 4822 Madison Yards Way, Madison, WI.
NR 2.08NR 2.08 Persons entitled to participate in contested case hearings. NR 2.08(1)(1) In addition to the parties, any member of the public may participate in any department contested case hearing. NR 2.08(2)(2) Any person desiring to participate in a department contested case hearing, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address, the name and address of any person being represented, and the capacity in which he or she is representing the person. A person may enter his or her appearance either prior to or at the commencement of a contested case hearing. NR 2.08(4)(4) Any documents concerning a contested case hearing filed with the department or the administrative law judge prior to issuance of a final decision in the case shall be served by the person filing the documents on all persons who are identified as parties under sub. (6). NR 2.08(5)(5) The department or the administrative law judge may require persons who wish to be parties to a contested case hearing to attend a prehearing conference. In such a circumstance, the notice of the prehearing conference shall be published in the same manner as is required for notice of hearing. If the notice of hearing is not required to be published, the administrative law judge may cause to be published a notice of the prehearing conference as a class 1 notice under ch. 985, Stats., in the official newspaper designated under s. 985.04 or 985.05, Stats., or, if none exists, in a newspaper likely to give notice in the area affected. The department or the administrative law judge may, under sub. (6) identify parties at a prehearing conference. One notice may be used for both the prehearing conference and the hearing. NR 2.08(6)(6) The department or the administrative law judge shall identify and maintain a list of persons who are recognized as parties to the contested case hearing. A person does not need to be represented by legal counsel to be a party to or participate in a contested case hearing. This list may be adjusted by the department or the administrative law judge as necessary through the course of the hearing. The list of parties required by s. NR 2.155 (3), for purposes of review under s. 227.53, Stats., may differ from the list required by this section. NR 2.08(7)(7) Persons listed as parties under s. 227.47, Stats., and s. NR 2.155 (3), shall be served with exhibits, pleadings, correspondence and other documents submitted by parties after issuance of the decision, including those documents specified in ss. 227.44 (7), 227.49 and 227.50 (2), Stats. The persons shall also be served with petitions for judicial review. NR 2.08 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (2), Register, July, 1978, No. 271, eff. 8-1-78; r. and recr. Register, March, 1984, No. 339, eff. 4-1-84; correction in (6) (intro.) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1987, No. 373; CR 02-046, am. (1), (2), (4), (5), (6) and (7), r. (3), and (6) (a) to (c) Register September 2004 No. 585, eff. 10-1-04. NR 2.085NR 2.085 Environmental impact statements. NR 2.085(1)(1) When an environmental impact statement has been prepared on a proposed action for which a contested case hearing is held, all evidence regarding compliance with s. 1.11, Stats., shall be taken at that hearing unless otherwise provided by statute. NR 2.085(2)(2) In the absence of specific authority for a contested case hearing on a proposed action for which an environmental impact statement has been prepared, a contested case hearing shall be held on the proposed action if a petition for a hearing meeting the requirements of s. 227.42, Stats., is received by the department unless otherwise provided by statute. NR 2.085(3)(3) If a contested case hearing will be held on a proposed action for which an environmental impact statement has been prepared, the informational hearing provided for by s. NR 150.30 (3) (d) shall be combined with the contested case hearing if circumstances and statutes allow. At a combined hearing, the informational portion shall precede the contested portion. NR 2.085 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; am. Register, January, 1987, No. 373, eff. 2-1-87; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04; CR 13-022: am. (3), r. (4) Register March 2014 No. 699, eff. 4-1-14. NR 2.09NR 2.09 Changes in time or place of hearing; adjournments; failures to appear. NR 2.09(1)(1) Changes. Requests for changes in the time or place of a scheduled hearing may be granted by the department or administrative law judge only for good cause shown. A request received after a required newspaper publication or legal notice may be rescheduled only if the person requesting the change bears the cost of republication of the notice and the administrative law judge deems the change appropriate under the circumstances presented. NR 2.09(2)(2) Adjournment. The department or the administrative law judge may adjourn a hearing for good cause shown, the hearing to be reset or reconvened at the discretion of the department or the administrative law judge or at a time and place set by the department or the administrative law judge on the record of the hearing prior to adjournment. NR 2.09(3)(a)(a) If an applicant for a permit or license fails to appear at a hearing following due notice, the department or the administrative law judge may dismiss the application unless the applicant shows good cause for the failure to appear. If an applicant fails to submit proof of publication and notice as required by statute, the department or the administrative law judge may dismiss the application and cancel the hearing. NR 2.09(3)(b)(b) If a respondent in an enforcement proceeding fails to appear, the department or the administrative law judge shall take testimony and issue, modify or rescind the order as may be appropriate. NR 2.09(3)(c)(c) If a petitioner in a proceeding fails to appear, the department or the administrative law judge may dismiss the petition unless the petitioner shows good cause for the failure to appear. NR 2.09 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (2) and (3), cr. (3) (c), Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04. NR 2.095NR 2.095 Declaratory ruling hearings. When a petition for a declaratory ruling is granted under s. 227.41, Stats., the hearing shall be conducted as a noncontested case. The declaratory ruling may be based upon information presented at the hearing and other information available to the department to assist in rendering the declaratory ruling. NR 2.095 HistoryHistory: CR 02-046: cr. Register September 2004 No. 585, eff. 10-1-04. NR 2.10NR 2.10 Witnesses and subpoenas in contested cases. The department, the administrative law judge, on the judge’s own motion or at the request of a party, or any attorney of record for a party in a contested case hearing may issue subpoenas to compel the attendance of witnesses at contested case hearings or discovery proceedings under s. NR 2.11. A subpoena requiring the production of documents may be issued if the person issuing the subpoena specifies the documents to be presented by the subpoenaed witness. Sections 814.67, 885.06 and 885.07, Stats., shall govern the payment of witness fees and expenses. For good cause shown, the administrative law judge may issue orders to protect persons or parties from annoyance, embarrassment, oppression or undue burden, as provided in s. 804.01 (3), Stats. NR 2.11NR 2.11 Preservation of testimony and discovery of evidence in contested case hearings. NR 2.11(1)(1) Discovery in class 2 proceedings. The department or any party in a class 2 proceeding may obtain prehearing discovery and preserve testimony as provided under ch. 804, Stats. For good cause, the administrative law judge may allow a shorter or longer time for discovery or preserving testimony than is allowed by ch. 804, Stats. For good cause shown, the administrative law judge may issue orders to protect persons or parties from annoyance, embarrassment, oppression or undue burden, as provided in s. 804.01 (3), Stats. The administrative law judge may issue orders to compel discovery. NR 2.11(2)(2) Discovery in class 1 and 3 proceedings. For good cause shown, the department or the administrative law judge may allow prehearing discovery and the preservation of evidence in any class 1 proceeding or class 3 proceeding as provided under ch. 804, Stats. Any order allowing discovery or the preservation of evidence may include any reasonable limitations on the scope and extent of discovery as the department or the administrative law judge deems appropriate under the circumstances. In class 1 proceedings and class 3 proceedings, the taking and preservation of evidence shall be permitted with respect to a witness in any of the following: NR 2.11(2)(a)(a) Who is beyond reach of a subpoena for the hearing. NR 2.11(2)(b)(b) Who is about to go out of the state, not intending to return in time for the hearing. NR 2.11(2)(c)(c) Who is so sick, infirm or aged as to make it probable that the witness will not be able to attend the hearing. NR 2.11(2)(d)(d) Who is a member of the legislature, if any committee of the same or the house of which the witness is a member is in session, provided the witness waives his or her privilege. NR 2.11(3)(3) Completion of discovery. In all contested cases, all discovery shall be completed at least 7 days prior to the date on which the hearing is scheduled to begin, unless otherwise agreed by the parties or ordered by the department or the administrative law judge. NR 2.11 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. Register, April, 1976, No. 244, eff. 5-1-76; am. Register, March 1978, No. 267, eff. 4-1-78; am. Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: renum. and am. (intro) to be (1), cr. (2) and (3) Register September 2004 No. 585, eff. 10-1-04. NR 2.115NR 2.115 Alternative dispute resolution. NR 2.115(1)(1) Alternative settlement recommended. The administrative law judge or the department may, with or without a motion having been filed, upon determining that an action or proceeding is an appropriate one in which to consider a settlement alternative, recommend that the parties select a settlement alternative under s. 802.12, Stats., as a means to attempt settlement. Unless all parties consent, the pursuit of settlement alternatives may not delay the setting of the hearing date or other matters addressed in any scheduling order or conference. NR 2.115(2)(2) Admissibility. Except for binding arbitration, all settlement alternatives are compromise negotiations for purposes of s. 904.08, Stats., and mediation for purposes of s. 904.085, Stats., and are not admissible in contested case hearings conducted under this chapter. NR 2.115 HistoryHistory: CR 02-046: cr. Register September 2004 No. 585, eff. 10-1-04. NR 2.12NR 2.12 Informal conferences, prehearing conferences and motions. NR 2.12(1)(1) Call and purpose. The department or the administrative law judge may call an informal conference or prehearing conference at any time prior to or during the course of a hearing, and may require the attendance of all persons who are or wish to be parties to the proceeding, under s. NR 2.08. The purposes of the conferences shall be to consider, insofar as applicable: NR 2.12(1)(d)(d) The possibility of obtaining admissions or stipulations of fact and of documents which will avoid unnecessary proof. NR 2.12(1)(e)(e) The identification of witnesses and limitation of the number of witnesses. NR 2.12(1)(f)(f) The identification of all parties to the proceeding. NR 2.12(1)(h)(h) The exchange of exhibits by all parties prior to the hearing.
