NR 2.16NR 2.16 Reopening hearings. When a hearing in a contested case is closed, no further evidence may be received, except by order of the department or the administrative law judge reopening a closed contested case for the taking of further evidence upon application of a party showing to the department’s or the administrative law judge’s satisfaction that the evidence is newly discovered or was not available at the time of the hearing and that the evidence is necessary for a just disposition of the case. NR 2.17NR 2.17 Transcripts in contested cases. NR 2.17(1)(1) Method and copies. Hearings shall be recorded either stenographically or electronically. A typed transcript shall be made when deemed necessary by the department or the administrative law judge. If a transcript is made by the department or the division of hearings and appeals, copies shall be furnished to all persons upon request and payment of a reasonable fee, as determined by the department or the division of hearings and appeals. If no transcript is deemed necessary by the department or the administrative law judge and a party requests that one be prepared, that party shall be responsible for all costs of transcript preparation. If several parties request transcripts, the department may divide the costs of transcription equally among the parties. In lieu of a transcript the department or the division of hearings and appeals may provide any person requesting a transcript with a copy of the tape recording of the hearing upon payment of a reasonable fee. All requests for transcripts shall be made in writing and sent to the administrative law judge who presided at the hearing. NR 2.17(2)(2) Financial need. Any person who by affidavit or other appropriate means can establish to the satisfaction of the department or the administrator of the division of hearings and appeals that the person is impecunious and has a legal need may be provided with a copy of a transcript without charge. NR 2.17(3)(3) Corrections. Any party, within 7 days of the date of mailing of the transcript, may file with the administrative law judge a notice in writing of any claimed error therein, and shall mail a copy of such notice to each party of record. Other parties may contest any claimed error within 12 days of the date of the mailing of the transcript by so notifying the administrative law judge and other parties of record. All parties will be advised by the administrative law judge of any authorized corrections to the record. NR 2.17 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. Register, December, 1976, No. 252, eff. 1-1-77; am. (1) and (2), Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: am. (1) and (3) Register September 2004 No. 585, eff. 10-1-04. NR 2.18(1)(1) Time for briefs. In contested cases, parties shall indicate on the record after the close of testimony at the hearing whether they desire to file briefs. The administrative law judge may establish a schedule for the filing of briefs. The party or parties having the burden of proof shall file the first brief. Other parties may then file response briefs, which may be replied to. In the alternative, the administrative law judge may direct that briefs of all parties be filed simultaneously. NR 2.18(2)(2) Number. Unless otherwise provided for by the administrative law judge, one copy of all briefs shall be filed with the division of hearings and appeals together with a certification showing when and upon whom copies have been served. Briefs which contain a summary of evidence or facts relied upon shall include reference to specific portions of the record containing the evidence. NR 2.18(3)(3) Effect of early filing. The filing of briefs in less time than allowed does not change the due dates for the remaining briefs. NR 2.18 HistoryHistory: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am., (1), Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04. NR 2.19NR 2.19 Confidential status. NR 2.19(1)(1) Applicability. This section establishes a procedure which shall apply to requests made to the department to treat as confidential, information in possession of the department or being requested by the department. NR 2.19(2)(2) Responsibility for establishing confidentiality. The burden of establishing the need for confidential treatment of any information shall be on the person requesting such treatment of the information. NR 2.19(3)(3) Application for confidential status. Any person seeking confidential treatment of information shall file with the department a written application for confidential status containing in affidavit form: NR 2.19(3)(b)(b) The position of the individual filing the application; NR 2.19(3)(c)(c) The specific type of information for which confidential status is sought; NR 2.19(3)(d)(d) The facts and supporting legal authority believed to constitute a basis for obtaining confidential treatment of the information. NR 2.19(4)(4) Additional information. Within 30 days of the receipt of an application, the department shall mail to the applicant a written set of questions if necessary for a determination under this section. If an extension has not been granted and if the applicant fails to answer all the questions in affidavit form within 30 days, the department shall deny the application. The responses to the questions shall be treated as confidential if a request for such treatment from the applicant accompanies the responses, and if the applicant demonstrates that the responses are entitled to confidential treatment under this section. NR 2.19(5)(a)(a) Within 60 days of receipt of a complete application or within 60 days of receipt by the department of the information requested in questions asked pursuant to sub. (4), the department shall issue a written decision on the request for confidentiality. The decision shall include all of the following: NR 2.19(5)(a)1.1. A finding which identifies the type of information sought to be assigned confidential status. NR 2.19(5)(a)2.2. A determination of whether the department has the authority to compel submittal of the information. NR 2.19(5)(a)3.3. If the authority exists, a determination of whether the department is authorized by law to assign confidential status to the type of information at issue. NR 2.19(5)(a)4.4. The decision to deny or to grant the request in whole or in part. NR 2.19(5)(b)(b) A decision to assign confidential status shall be made pursuant to one of the following: