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 NR 2 NoteNote: Chapter WCD 2 as it existed on March 31, 1973 was repealed, and a new chapter NR 2 was created, Register, March, 1973, No. 207, effective April 1, 1973.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
