Jus 11.09(3)(e)(e) The claimant shall proceed with the burden of proving by a preponderance of the credible evidence that: Jus 11.09(3)(e)2.2. The victim incurred a personal injury as defined under s. 949.01 (5), Stats., or a death, as a direct result of the incident. Jus 11.09(3)(e)3.3. The victim or claimant suffered an economic loss as defined in s. 949.06, Stats., as a direct result of the injury or death. Jus 11.09(3)(f)(f) The department shall have the burden of proving by the preponderance of the credible evidence any limitations to an award or any defenses to the claimant’s application. Jus 11.09(3)(g)(g) All hearings shall be open to the public unless in a particular case the examiner determines that the hearing, or a portion thereof, shall be held in private having regard for the fact that the offender has not been convicted and for the interest of the victim. Jus 11.09(3)(h)(h) The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this subchapter and may enforce compliance with such subpoenas as provided in s. 885.12, Stats. Jus 11.09 HistoryHistory: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 15-058: am. (2) (intro.), (3) (b), (c), (h) Register May 2016 No. 725, eff. 6-1-16; CR 19-136: am. (1) (d), (3) (g) Register September 2021 No. 789, eff. 10-1-21. Jus 11.10Jus 11.10 Review by attorney general. Jus 11.10(1)(1) Petition for review. After entry of a decision of the hearing examiner, any party who is adversely affected by that decision may submit a written petition for review by the attorney general of the record upon which that decision was based. Jus 11.10(1)(a)(a) The petition for review shall be served upon the attorney general and upon all other parties to the action, either personally or by certified mail, within ten days of the entry of the decision of the hearing examiner. Jus 11.10(1)(b)(b) The petition shall specify in detail the grounds for the review, the relief which the petitioner seeks and citation to any supporting authorities. Jus 11.10(1)(c)(c) Papers and petitions under this section shall be served in person or by mail and shall be addressed: Attorney General, 114 East State Capitol, Madison, WI 53702. Jus 11.10(2)(2) Discretion. Within 14 days of receipt of the petition for review, the attorney general shall issue an order either granting or denying review of the decision. The attorney general shall not delegate the review to anyone who has had prior involvement in either the contested case hearing or decision-making process. Jus 11.10(2)(a)(a) If the order of the attorney general denies review, the decision of the hearing examiner shall become the final decision of the department. Jus 11.10(2)(b)(b) If the order of the attorney general grants review, the attorney general may order a transcript of the proceedings before the hearing examiner, the filing of briefs, presentation of oral arguments, or rehearing of all or part of the evidence presented at the original contested case hearing. Jus 11.10(3)(3) Limitations. The petition for review by the attorney general under this section is not a prerequisite for the petition for rehearing under s. 227.49, Stats., or under s. 227.52, Stats. A petition for review pending under this section shall not in any manner affect or extend the time limits for filing an action under ss. 227.49 and 227.52, Stats. Jus 11.10(4)(4) Attorney general’s decision. The attorney general’s decision shall set forth the findings of fact and conclusions of law which are at variance with, or in addition to, the determinations of the hearing examiner. The decision shall state the evidence relied on and the reasons for the decision. Jus 11.10 HistoryHistory: Cr. Register, February, 1992, No. 434, eff. 3-1-92. Jus 11.11Jus 11.11 Duties of a law enforcement agency. Jus 11.11(1)(1) Provide forms. The department shall prescribe application forms for awards under this subchapter and may furnish law enforcement agencies with the forms. The law enforcement agency investigating a crime shall provide information as provided under s. 950.08 (2g) (b), Stats. Jus 11.11 NoteNote: A copy of the application form may be obtained from the Wisconsin department of justice at no charge.
Jus 11.11(2)(2) Provide information. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files and other appropriate information which the department requests in order to make a determination that a person is eligible for an award under this subchapter.