NR 2.055 NR 2.055 Determination of jurisdiction. After receipt of a petition for a contested case hearing, the department shall determine whether the petition meets the jurisdictional requirements of the statutes and rules under which the petition is filed. The department shall transmit to the division of hearings and appeals under s. 227.43, Stats., only petitions or portions thereof which the department determines meet the applicable jurisdictional requirements.

NR 2.055 History History: CR 02-046: cr. Register September 2004 No. 585, eff. 10-1-04.

NR 2.06 NR 2.06 Notice of hearing.

NR 2.06(1) (1) Form. Notice of hearing shall be in writing, with a title identifying the matter set for hearing, and where appropriate, contain a docket number.

NR 2.06(2) (2) Content. The notice of hearing shall contain the following information:

NR 2.06(2)(a) (a) Date, time and location of the hearing.

NR 2.06(2)(b) (b) The statutory authority for the hearing.

NR 2.06(2)(c) (c) A short summary of the matter to be considered.

NR 2.06(2)(d) (d) Other information as the department or the administrative law judge may deem appropriate.

NR 2.06(3) (3) Service. Except as otherwise specifically required, service of notice of hearing may be made by personal delivery or by mailing a copy thereof to the last known post office address of the person to be served in a sealed envelope with first class postage prepaid thereon and shall be deemed to have been served upon deposit thereof in the U.S. mails. The department may require service of notice of hearing by registered or certified mail or by publication when deemed appropriate and consistent with the requirements of s. 227.44 (1), Stats.

NR 2.06 History History: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (2) (d), Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: am. (1), (2) (d) and (3) Register September 2004 No. 585, eff. 10-1-04.

NR 2.065 NR 2.065 Contested case designation.

NR 2.065(1) (1) Except as provided in sub. (2) or unless otherwise determined by the department or administrative law judge, all department contested case hearings are class 1 proceedings under s. 227.01 (3), Stats.

NR 2.065(2) (2) Hearings held under ss. 30.03, 281.17 (3) and (5), 281.19, 281.20, 285.83 (1), 289.95, 289.97 (1), 291.87, 291.89, 291.95 (1), 292.11 (4) and (7) (c), 293.15 (3), 293.83, and 299.21, Stats., and hearings which revoke or suspend a department-issued license as defined in s. 227.01 (5), Stats., are class 2 proceedings.

NR 2.065 History History: Emerg. cr. eff. 11-1-76; cr. Register, March, 1977, No. 255, eff. 4-1-77; am. Register, March, 1984, No. 339, eff. 4-1-84; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1987, No. 373; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04.

NR 2.07 NR 2.07 Place of hearings. Unless otherwise specifically provided by law, all contested case hearings shall be held at the offices of the division of hearings and appeals, or at the time, date and place designated by the administrative law judge in the hearing notice.

NR 2.07 Note Note: The offices of the Division of Hearings and Appeals are located at 4822 Madison Yards Way, Madison, WI.

NR 2.07 History History: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: am. Register September 2004 No. 585, eff. 10-1-04.

NR 2.08 NR 2.08 Persons entitled to participate in contested case hearings.

NR 2.08(1) (1) In addition to the parties, any member of the public may participate in any department contested case hearing.

NR 2.08(2) (2) Any person desiring to participate in a department contested case hearing, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address, the name and address of any person being represented, and the capacity in which he or she is representing the person. A person may enter his or her appearance either prior to or at the commencement of a contested case hearing.

NR 2.08(4) (4) Any documents concerning a contested case hearing filed with the department or the administrative law judge prior to issuance of a final decision in the case shall be served by the person filing the documents on all persons who are identified as parties under sub. (6).

NR 2.08(5) (5) The department or the administrative law judge may require persons who wish to be parties to a contested case hearing to attend a prehearing conference. In such a circumstance, the notice of the prehearing conference shall be published in the same manner as is required for notice of hearing. If the notice of hearing is not required to be published, the administrative law judge may cause to be published a notice of the prehearing conference as a class 1 notice under ch. 985, Stats., in the official newspaper designated under s. 985.04 or 985.05, Stats., or, if none exists, in a newspaper likely to give notice in the area affected. The department or the administrative law judge may, under sub. (6) identify parties at a prehearing conference. One notice may be used for both the prehearing conference and the hearing.

NR 2.08(6) (6) The department or the administrative law judge shall identify and maintain a list of persons who are recognized as parties to the contested case hearing. A person does not need to be represented by legal counsel to be a party to or participate in a contested case hearing. This list may be adjusted by the department or the administrative law judge as necessary through the course of the hearing. The list of parties required by s. NR 2.155 (3), for purposes of review under s. 227.53, Stats., may differ from the list required by this section.

NR 2.08(7) (7) Persons listed as parties under s. 227.47, Stats., and s. NR 2.155 (3), shall be served with exhibits, pleadings, correspondence and other documents submitted by parties after issuance of the decision, including those documents specified in ss. 227.44 (7), 227.49 and 227.50 (2), Stats. The persons shall also be served with petitions for judicial review.

NR 2.08 History History: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (2), Register, July, 1978, No. 271, eff. 8-1-78; r. and recr. Register, March, 1984, No. 339, eff. 4-1-84; correction in (6) (intro.) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1987, No. 373; CR 02-046, am. (1), (2), (4), (5), (6) and (7), r. (3), and (6) (a) to (c) Register September 2004 No. 585, eff. 10-1-04.

NR 2.085 NR 2.085 Environmental impact statements.

NR 2.085(1) (1) When an environmental impact statement has been prepared on a proposed action for which a contested case hearing is held, all evidence regarding compliance with s. 1.11, Stats., shall be taken at that hearing unless otherwise provided by statute.

NR 2.085(2) (2) In the absence of specific authority for a contested case hearing on a proposed action for which an environmental impact statement has been prepared, a contested case hearing shall be held on the proposed action if a petition for a hearing meeting the requirements of s. 227.42, Stats., is received by the department unless otherwise provided by statute.