Register September 2004 No. 585
Chapter NR 2
PROCEDURE AND PRACTICE
NR 2.01 Application of rules. NR 2.03 Service on the department. NR 2.04 Service of pleadings. NR 2.05 Forms of petitions. NR 2.055 Determination of jurisdiction. NR 2.06 Notice of hearing. NR 2.065 Contested case designation. NR 2.07 Place of hearings. NR 2.08 Persons entitled to participate in contested case hearings. NR 2.085 Environmental impact statements. NR 2.09 Changes in time or place of hearing; adjournments; failures to appear. NR 2.095 Declaratory ruling hearings. NR 2.10 Witnesses and subpoenas in contested cases. NR 2.11 Preservation of testimony and discovery of evidence in contested case hearings. NR 2.115 Alternative dispute resolution. NR 2.12 Informal conferences, prehearing conferences and motions. NR 2.13 Conduct of contested case hearings. NR 2.135 Conduct of noncontested case hearings. NR 2.14 Rules of evidence in contested cases. NR 2.15 Close of hearing. NR 2.155 Decisions in contested cases. NR 2.157 Decisions in noncontested cases. NR 2.16 Reopening hearings. NR 2.17 Transcripts in contested cases. NR 2.19 Confidential status. NR 2.195 Public records and information. NR 2.20 Review of contested case decision. Ch. NR 2 NoteNote: Chapter WCD 2 as it existed on March 31, 1973 was repealed, and a new chapter NR 2 was created, Register, March, 1973, No. 207, effective April 1, 1973. NR 2.01NR 2.01 Application of rules. This chapter shall apply in all proceedings and hearings before the department except as specifically provided otherwise. NR 2.02NR 2.02 Definitions. In this chapter: NR 2.02(1)(1) “Administrative law judge” means a hearing examiner employed by the department of administration division of hearings and appeals. NR 2.02(6)(6) “Department” means the department of natural resources. NR 2.02(7)(7) “Division of hearing and appeals” means the department of administration division of hearings and appeals. NR 2.02(8)(8) “Noncontested case hearing” means any hearing before the department which is not a contested case hearing. NR 2.02(9)(9) “Secretary” means the secretary of the department. NR 2.02 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; r. and recr. (3) and cr. (4), Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: renum. and am. (1) to (4) to be (6), (9), (5) and (8), cr. (1), (4) and (7) Register September 2004 No. 585, eff. 10-1-04. NR 2.03NR 2.03 Service on the department. All petitions for hearings, petitions for rules, petitions for declaratory rulings, petitions for review of contested case decisions under s. NR 2.20, answers and complaints required by any statute or rule shall be served on the department by personal delivery to the office of the secretary, by mailing to the secretary by certified mail, at the following address: P. O. Box 7921, Madison, Wisconsin 53707-7921. NR 2.03 NoteNote: In re Proposed Incorporation of Pewaukee, 72 Wis. 2d 593 (1976) and Schroedel Corp. v. State Highway Commission, 192 Wis. 2d 424 (1968) indicate that when service by mail is authorized, and in the absence of specific language to the contrary, service is complete upon timely mailing. This rule is intended to specify that service is complete upon receipt by the department. NR 2.03 NoteNote: The office of the secretary is located at 101 S. Webster St., 8th floor, Madison, WI.
NR 2.03 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. Register, March, 1978, No. 267, eff. 4-1-78; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04; correction made under 13.92 (4) (b) 6., Stats., Register February 2019 No. 758. NR 2.04NR 2.04 Service of pleadings. After a matter has been set for a contested case hearing, all pleadings and papers shall be served on the division of hearings and appeals, the department’s bureau of legal services and all identified parties. Unless otherwise provided for by the division of hearings and appeals, service shall be made by personal delivery or by mailing. Service by mail shall be complete on mailing. NR 2.04 NoteNote: How service of pleadings is accomplished under s. NR 2.04 differs from how service of petitions is accomplished under s. NR 2.03. 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:
