Chapter VE 3

VE 3.82(2)(f) (f) Adjourn or postpone proceedings.

VE 3.82(2)(g) (g) Grant continuances or extensions of time.

VE 3.82(2)(h) (h) Issue subpoenas to compel the witness attendance and document production.

VE 3.82(2)(i) (i) Regulate discovery proceedings, and issue orders to compel or limit discovery.

VE 3.82(2)(j) (j) Select the location of the hearing.

VE 3.82(2)(k) (k) Preside over hearings and regulate the course of hearings.

VE 3.82(2)(L) (L) Administer oaths and affirmations.

VE 3.82(2)(m) (m) Make evidentiary rulings and receive relevant evidence.

VE 3.82(2)(n) (n) Impose sanctions on disobedient parties.

VE 3.82(2)(o) (o) Require or permit the parties to file written briefs and arguments.

VE 3.82(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 3.82(2)(q) (q) If required, order and supervise the preparation of a written transcript of proceedings conducted before the administrative law judge.

VE 3.82(2)(r) (r) Issue proposed decisions.

VE 3.82(2)(s) (s) Issue final decisions and orders, if requested by the department.

VE 3.82(3) (3) Limits on authority. The administrative law judge may not exercise any authority which is reserved to the department, except as delegated in writing under sub. (2) (s).

VE 3.82(4) (4) Impartiality.

VE 3.82(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 3.82(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 3.82 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (3) made under s. 13.92 (4) (b) 7., Stats., and correction in (4) (b) made under s. 35.17, Stats., Register July 2022 No. 799

VE 3.84 VE 3.84 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 the division representative and department counsel, setting forth the agreed terms of settlement, and a proposed final order disposing of the case, for approval by the department. No stipulation disposing of a petition filed under this subchapter shall be effective or binding in any respect until the final order is approved and signed by the department.

VE 3.84 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.86 VE 3.86 Conduct of public hearing.

VE 3.86(1) (1) Record. A stenographic, electronic or other record shall be made of all hearings in which the testimony of witnesses is offered as evidence.

VE 3.86(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 3.86(3) (3) Briefs. The administrative law judge may require or permit the filing of briefs.

VE 3.86(4) (4) Motions. All motions, except those made at hearing, shall be in writing, filed by the date set by the administrative law judge, with a copy served upon the opposing party.

VE 3.86(5) (5) Summary judgment. The parties may use the summary judgment procedure provided in s. 802.08, Stats.

VE 3.86(6) (6) Adjournments. The administrative law judge may, for good cause, grant continuances, adjournments and extensions of time.

VE 3.86(7) (7) Subpoenas.

VE 3.86(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 3.86(7)(b) (b) An administrative law judge may issue protective orders according to the provision the provisions of s. 805.07, Stats.

VE 3.86 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.88 VE 3.88 Witness fees and costs. Witnesses subpoenaed at the request of the department shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats.

VE 3.88 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.90 VE 3.90 Record of proceedings, transcripts.

VE 3.90(1) (1) Record of oral proceedings. Oral proceedings in an administrative injunction case shall be electronically recorded unless the administrative law judge determines that a stenographic record is necessary.

VE 3.90(2) (2) Electronic recording; copies. If an oral proceeding in an administrative injunction case is electronically recorded, a copy of the recording shall be furnished at cost to any party who requests a copy.

VE 3.90(3) (3) Stenographic recording; copies.

VE 3.90(3)(a) (a) If a stenographic recording is made, the reporting service who recorded 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 3.90(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 3.90 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.92 VE 3.92 Decision. The administrative law judge shall prepare a proposed decision for consideration by the department or a final decision, if designated as final decision maker. The decision, whether proposed or final, shall include findings of fact, conclusions of law, and an order, with a signed opinion explaining the decision.

VE 3.92 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.94 VE 3.94 Service of decision. The administrative law judge shall deliver the proposed or final decision, with a copy of the record including the electronic recording of the proceedings, to the department. The proposed or final decision shall be served by the administrative law judge on the parties with a notice providing each party adversely affected by the proposed decision with an opportunity to file objections and written argument with respect to the objections to the department or to the administrator of DHA, depending on who is the final decision maker. A party adversely affected by a decision shall have 20 days from the date of service of the proposed decision to file objections and argument.

VE 3.94 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.96 VE 3.96 Final decision and order. After the time expires for filing all objections to the proposed decision and order, the department or the administrator of DHA shall make a final decision and order in the administrative injunction proceeding. If the final decision varies from the administrative law judge’s decision, the final decision shall explain the reasons for all variations.

VE 3.96 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.