Chapter VE 3

VE 3.20 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.22 VE 3.22 Review record. The credential holder may request a copy of the recorded review at no cost.

VE 3.22 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

subch. III of ch. VE 3 Subchapter III — Procedures for Disciplinary Proceedings

VE 3.24 VE 3.24 Scope. This subchapter governs procedures in all disciplinary proceedings against credential holders before the board.

VE 3.24 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.26 VE 3.26 Commencement of disciplinary proceedings. Disciplinary proceedings commence when a complaint is served upon the respondent.

VE 3.26 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.28 VE 3.28 Pleadings to be captioned. All pleadings, notices, orders, and other papers filed in disciplinary proceedings shall be captioned: “BEFORE THE WISCONSIN VETERINARY EXAMINING BOARD” and shall be entitled: “IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST _____________, RESPONDENT.”

VE 3.28 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.30 VE 3.30 Complaint. The disciplinary counsel may make a complaint upon information and belief and it shall contain:

VE 3.30(1) (1) The name and address of the credential holder complained against and the name and address of the complainant.

VE 3.30(2) (2) A short statement in plain language of the cause for disciplinary action identifying with reasonable particularity the transaction, occurrence or event out of which the cause arises and specifying the statute, rule or other standard alleged to have been violated.

VE 3.30(3) (3) A request in essentially the following form: “Wherefore, the complainant demands that the board hear evidence relevant to matters alleged in this complaint, determine and impose the discipline warranted, and assess the costs of the proceeding against the respondent.”

VE 3.30(4) (4) The signature of the complainant.

VE 3.30 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.32 VE 3.32 Service and filing of complaint.

VE 3.32(1) (1) The complaint and other papers may be served on a respondent by mailing a copy of the paper to the respondent at the last known address of the respondent, by any procedure described in s. 801.14 (2), Stats., or by electronic transmission if agreed to by the respondent or respondent’s authorized representative. Service by mail is complete upon mailing.

VE 3.32(2) (2) Any paper required to be filed with the board may be mailed to the board’s office and, if an administrative law judge has been designated to preside in the matter, to the administrative law judge and shall be deemed filed on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date they are received at the board’s office or by the administrative law judge. Papers required to be filed may instead be filed and served by electronic mail or facsimile transmission. For materials transmitted by electronic mail, the filing date shall be the date that the electronic mail was sent. For materials transmitted by facsimile, the date received shall determine the date of filing.

VE 3.32 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.34 VE 3.34 Answer.

VE 3.34(1) (1) An answer to a complaint shall state in short and plain terms the defenses to each cause asserted and shall admit or deny the allegations upon which the complainant relies. If the respondent is without knowledge or information sufficient to form a belief as to the truth of the allegation, the respondent shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the allegations denied. The respondent shall make denials as specific denials of designated allegations or paragraphs but if the respondent intends in good faith to deny only a part or a qualification of an allegation, the respondent shall specify so much of it as true and material and shall deny only the remainder.

VE 3.34(2) (2) The respondent shall set forth affirmatively in the answer any matter constituting an affirmative defense.

VE 3.34(3) (3) Allegations in a complaint are admitted when not denied in the answer.

VE 3.34(4) (4) An answer to a complaint shall be filed within 30 days from the date of service of the complaint.

VE 3.34 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.36 VE 3.36 Administrative law judge.

VE 3.36(1) (1) Designation. The board may request DHA assign an administrative law judge to preside over any disciplinary proceeding.

VE 3.36(2) (2) Authority and duties. An administrative law judge may, on behalf of the board, do all of the following:

VE 3.36(2)(a) (a) Gain permission from parties for service of all documents to be via electronic transmission, or other means if necessary.

VE 3.36(2)(b) (b) Require parties to clarify positions or issues.

VE 3.36(2)(c) (c) Hold prehearing conferences and issue memoranda for the record, summarizing all actions taken and agreements reached.

VE 3.36(2)(d) (d) Make procedural rulings and issue scheduling orders, including for motions, date, time and location of hearing, discovery, identification of witnesses and evidence for hearing, stipulations by the parties for hearing and other matters aiding in the orderly disposition of the proceedings.

VE 3.36(2)(e) (e) Hold motion hearings and make rulings on said motions.

VE 3.36(2)(f) (f) Adjourn or postpone proceedings.

VE 3.36(2)(g) (g) Grant continuances or extensions of time.

VE 3.36(2)(h) (h) Issue subpoenas to compel witness attendance and document production.

VE 3.36(2)(i) (i) Regulate discovery proceedings, and issue orders to compel or limit discovery.

VE 3.36(2)(j) (j) Select the location of the hearing.

VE 3.36(2)(k) (k) Preside over hearings and regulate the course of hearings.

VE 3.36(2)(L) (L) Administer oaths and affirmations.

VE 3.36(2)(m) (m) Make evidentiary rulings and receive relevant evidence.

VE 3.36(2)(n) (n) Impose sanctions on disobedient parties.

VE 3.36(2)(o) (o) Require or permit the parties to file written briefs and arguments.

VE 3.36(2)(p) (p) Supervise the required creation of a stenographic or electronic record of the portion of the proceedings conducted under the auspices of the administrative law judge.

VE 3.36(2)(q) (q) If required, order and supervise the preparation of a written transcript of proceedings conducted before the administrative law judge.

VE 3.36(2)(r) (r) Issue proposed decisions.

VE 3.36(3) (3) Limits on authority. The administrative law judge may not exercise any authority reserved to the board.

VE 3.36(4) (4) Impartiality.

VE 3.36(4)(a) (a) An administrative law judge shall withdraw from a contested case if the administrative law judge determines that there is a conflict of interest or other circumstance which prevents the administrative law judge from acting impartially, or which creates an undue appearance of bias.

VE 3.36(4)(b) (b) If an administrative law judge receives an ex parte communication which violates s. 227.50 (1), Stats., the administrative law judge shall deal with the ex parte communication as provided in s. 227.50 (2), Stats.

VE 3.36 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (4) (b) made under s. 35.17, Stats., Register July 2022 No. 799.

VE 3.38 VE 3.38 Settlements. At any point in a proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both a written stipulation, signed by the respondent and any representative and disciplinary counsel, setting forth the agreed terms of settlement, and a proposed final order disposing of the case, for approval by the board. No stipulation disposing of a complaint shall be effective or binding in any respect until approved by the board in a signed final order.

VE 3.38 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.40 VE 3.40 Conduct of hearing.

VE 3.40(1) (1) Record. An electronic or stenographic recording shall be made of all hearings in which the testimony of a witness is offered as evidence.

VE 3.40(2) (2) Evidence. The respondent shall have the right to appear in person or by counsel, and both parties have the right to call, examine, and cross-examine witnesses and to introduce evidence into the record.

VE 3.40(2m) (2m) Remote hearings. A hearing, or any portion of a hearing, may be held by telephone or video-conference if the administrative law judge determines that this method is justified for the convenience of any party or witness, and that no party is unfairly prejudiced by this method. The party calling a witness to testify by telephone or video-conference shall notify the administrative law judge before the hearing to allow for making the necessary arrangements and is responsible for providing the witness with a complete set of numbered copies of all exhibits.

VE 3.40(3) (3) Briefs. The administrative law judge may require or permit the filing of briefs.

VE 3.40(4) (4) Motions. All motions, except those made at hearing, shall be in writing, filed by the date set by the administrative law judge, and a copy served upon the opposing party. If no date is set by the administrative law judge all motions shall be filed 10 business days before hearing.

VE 3.40(5) (5) Summary judgment. The parties may use the summary judgment procedure provided in s. 802.08, Stats.

VE 3.40(6) (6) Adjournments. The administrative law judge may, for good cause, grant continuances, adjournments and extensions of time.

VE 3.40(7) (7) Subpoenas.

VE 3.40(7)(a) (a) Subpoenas for the attendance of any witness at a hearing in the proceeding may be issued in accordance with s. 885.01, Stats. Service shall be made in the manner provided in s. 805.07 (5), Stats. A subpoena may command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein.

VE 3.40(7)(b) (b) An administrative law judge may issue protective orders according to the provisions of s. 805.07, Stats.

VE 3.40 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in numbering (2m) under s. 13.92 (4) (b) 1., Stats., and (2m) title created under s. 13.92 (4) (b) 2., Stats., Register July 2022 No. 799.

VE 3.42 VE 3.42 Witness fees and costs. Witnesses subpoenaed at the request of the disciplinary counsel shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats.

VE 3.42 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.44 VE 3.44 Record of proceedings, transcripts.

VE 3.44(1) (1) Record of oral proceedings. Oral proceedings in a disciplinary proceeding shall be electronically recorded unless the administrative law judge determines that a stenographic record is required.

VE 3.44(2) (2) Electronic recording; copies. If an oral proceeding in a contested case is electronically recorded, a copy of the recording shall be furnished at cost to any party who requests a copy.

VE 3.44(3) (3) Stenographic recording; copies.

VE 3.44(3)(a) (a) If a stenographic recording is made, the reporting service who records the proceeding may charge a fee for an original transcription and for copies. Fees are identified in the state operational purchasing bulletin for reporting services and fees allowed to be charged.

VE 3.44 Note Note: Purchasing bulletins may be obtained through the State Bureau of Procurement, PO Box 7867, Madison WI 53707-7867, call [phone] or email [e-mail].

VE 3.44(3)(b) (b) A person who is without means and who requires a transcript for appeal or other reasonable purposes shall be furnished with a transcript without charge upon the filing of a petition of indigency signed under oath.

VE 3.46 VE 3.46 Proposed decision. The administrative law judge shall prepare a proposed decision for consideration by the board. The proposed decision shall include proposed findings of fact, conclusions of law, and a final order, with a signed opinion explaining the proposed decision.

VE 3.46 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.48 VE 3.48 Assessment of costs.

VE 3.48(1) (1) The proposed decision shall include a recommendation whether all or part of the costs of the proceeding shall be assessed against the respondent.

VE 3.48(2) (2) If a respondent objects to the recommendation that costs be assessed, objections to the assessment of costs shall be filed at the same time as other objections to the proposed decision.

VE 3.48(3) (3) When costs are imposed, the administrative law judge shall file a supporting affidavit with the proposed decision, listing costs incurred to be paid by the respondent. Within 20 days, the disciplinary counsel shall file a supporting affidavit showing costs incurred. The respondent shall file any objection to the affidavits within 15 days after service of the disciplinary counsel’s affidavit.

VE 3.48 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.50 VE 3.50 Service of proposed decision. The administrative law judge shall deliver the proposed decision, with a copy of the record including the electronic recording of the proceedings, to the board. The administrative law judge shall serve the proposed decision on the parties, in the manner agreed to by the parties. Each proposed decision shall contain a notice providing each party, adversely affected by the proposed decision, with an opportunity to file objections and written argument with the board. A party adversely affected by a proposed decision shall have 20 days from the date of service of the proposed decision to file objections and argument.

VE 3.50 Note Note: Objections may be electronically filed at [e-mail] or mailed to the Wisconsin Veterinary Examining Board, PO Box 8911, Madison, WI 53708-8911.

VE 3.50 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.52 VE 3.52 Final decision and order. After the time expires for filing all objections to the proposed decision and order, including assessment of costs, the board shall meet to make a final decision and order in a disciplinary proceeding. The final decision and order shall include a determination whether all or part of the costs of the proceeding shall be assessed against the respondent. If the final decision varies from the administrative law judge’s proposed decision, the final decision shall explain the reasons for all variations.

VE 3.52 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

subch. IV of ch. VE 3 Subchapter IV — Summary Suspensions and Limitations

VE 3.54 VE 3.54 Scope. This subchapter governs procedures in all summary suspension or limitation proceedings against credential holders before the board.