Chapter TCS 4

Chapter TCS 4

ADMINISTRATIVE HEARING PROCEDURES

TCS 4.01   Definitions.

TCS 4.02   Communications and documents addressed to the board.

TCS 4.03   Location of hearing.

TCS 4.04   Parties.

TCS 4.05   Service of papers and documents.

TCS 4.06   Form and style of pleadings.

TCS 4.07   How proceedings instituted.

TCS 4.08   Contents of petition for review.

TCS 4.10   Notice of hearing.

TCS 4.11   Prehearing conferences.

TCS 4.12   Conduct of hearings.

TCS 4.13   Appearances.

TCS 4.14   Order of presenting evidence.

TCS 4.15   Evidence and official notice.

TCS 4.16   Defaults.

TCS 4.17   Subpoenas and witnesses.

TCS 4.18   Record of hearings.

TCS 4.19   Stipulations.

TCS 4.20   Motions.

TCS 4.21   Oral statements and arguments.

TCS 4.22   Briefs.

TCS 4.23   Decisions.

TCS 4.24   Petition for rehearing.

Ch. TCS 4 Note Note: Chapter A-V 4 was renumbered chapter VTAE 4, Register, September, 1985, No. 357, eff. 10-1-85; chapter VTAE 4 was renumbered chapter TCS 4 under s. 13.93 (2m) (b) 1., Stats., Register, June, 1994, No. 462.

TCS 4.01 TCS 4.01 Definitions.

TCS 4.01(1) (1) “Board” means the technical college system board.

TCS 4.01(3) (3) “Code” means the Wisconsin Administrative Code.

TCS 4.01(4) (4) “District” means a technical college district.

TCS 4.01(5) (5) “Hearings” means both hearings and rehearings and this chapter shall cover both so far as applicable, except where otherwise specifically provided for by statute or this chapter.

TCS 4.01(6) (6) “State director” includes the designee of the state director whenever detailed by the state director or discharging the duties and exercising the powers of the state director on appeals and hearings during his or her absence.

TCS 4.01(7) (7) “Statutes” means the Wisconsin Statutes.

TCS 4.01 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. (2), Register, September, 1985, No. 357, eff. 10-1-85; correction in (1), (2) and (4) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: r. (2) Register April 2016 No. 724, eff. 5-1-16.

TCS 4.02 TCS 4.02 Communications and documents addressed to the board.

TCS 4.02(1) (1) All written communications and documents, submitted pursuant to this chapter, should be addressed to the State Director, Wisconsin Technical College System Board. All documents and communications delivered at the office of the state director are officially received.

TCS 4.02(2) (2) The state director may designate agents to receive written communications and documents. Hearing examiners will receive communications and documents at hearings.

TCS 4.02(3) (3) Office hours are those listed in s. 230.35 (4) (f), Stats. Offices are closed on Saturdays and Sundays and on holidays listed in s. 230.35 (4) (a), Stats.

TCS 4.02 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction in (1) made under s. 13.93 (2m) (b) 6., Stats., Register, September, 1985, No. 357; correction in (1) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: am. (1) Register April 2016 No. 724, eff. 5-1-16.

TCS 4.03 TCS 4.03 Location of hearing. Unless otherwise ordered in the notice of hearing or specifically provided by law, all hearings shall be held at the office of the board.

TCS 4.03 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; 2015 Wis. Act 329: am. Register April 2016 No. 724, eff. 5-1-16.

TCS 4.04 TCS 4.04 Parties. Parties to proceedings are known as petitioners, respondents, intervenors, applicants, and objectors, according to the nature of the proceeding and relationship of the parties to the proceedings. Parties filing petitions for review are petitioners, those opposing such petitioners are respondents.

TCS 4.04 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; CR 21-036: cons. (intro.) and (2) and renum. to TCS 4.04, r. (1) Register August 2021 No. 788, eff. 9-1-21.

TCS 4.05 TCS 4.05 Service of papers and documents.

TCS 4.05(1) (1) Manner of service. Except as otherwise specifically required, service of documents required to be served may be made by personal delivery or by mailing a copy to the last known post office address of the person to be served, in a sealed envelope with first class postage affixed, and shall be deemed to have been served upon deposit in the U.S. mails.

TCS 4.05(2) (2) Date of service. The date of service shall be either the day when the document served is deposited in the mail or is delivered in person.

TCS 4.05 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81.

TCS 4.06 TCS 4.06 Form and style of pleadings. All pleadings, notices, orders and other papers filed in connection with any matter or proceeding before the board shall be captioned “STATE OF WISCONSIN, TECHNICAL COLLEGE SYSTEM BOARD” and entitled “In the Matter of ___________________ (here state the nature of the proceeding) of____________________(here state the name of the aggrieved party).” All papers filed at or in reference to any hearing shall be either printed or typewritten and, except such parts as may be on official forms or other forms or documents in regular use in matters pertaining to vocational education, all pleadings, notices, exhibits, papers and documents filed or presented at any hearings shall be on paper not more than 8 1⁄2 inches wide and 11 inches long. The original shall be filed with the board or the hearing examiner conducting the hearing, and a copy thereof shall be furnished to each party or person interested who enters an appearance in the proceedings. The original of such paper (except exhibits offered as evidence) shall be dated and signed with the handwritten signature of the party, or of an officer, agent, employee, or attorney appearing for or with the party in the proceeding, and the name and mailing address of the party or of the representative appearing and signing the same shall be printed or typed immediately following the written signature.

TCS 4.06 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; correction made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462.

TCS 4.07 TCS 4.07 How proceedings instituted. Proceedings for a hearing upon a matter shall be initiated on a petition for review by an aggrieved individual or technical college district.

TCS 4.07 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; corrections made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462; CR 21-036: cons. (intro.) and (1) and renum. to TCS 4.07 and am., r. (2) Register August 2021 No. 788, eff. 9-1-21.

TCS 4.08 TCS 4.08 Contents of petition for review. A petition for review shall be in writing and shall contain:

TCS 4.08(1) (1) The name, place of residence and post office address of the petitioner.

TCS 4.08(2) (2) A concise statement of the grounds for the petition.

TCS 4.08(3) (3) A signature of the petitioner or duly authorized agent.

TCS 4.08 History History: Cr. Register, February, 1981, No. 302, eff. 3-1-81; CR 21-036: r. (3), renum. (4) to (3) Register August 2021 No. 788, eff. 9-1-21.

TCS 4.10 TCS 4.10 Notice of hearing.

TCS 4.10(1) (1) Form. Notice of hearing shall be in writing, with a title identifying the matter to be set for hearing.

TCS 4.10(2) (2) Content. The notice of hearing shall contain the following information:

TCS 4.10(2)(a) (a) Date, time and location of hearing;

TCS 4.10(2)(b) (b) The reason for the hearing;

TCS 4.10(2)(c) (c) A short summary of the matter to be considered;