RR 1.04 HistoryHistory: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (2) and (5), cr. (7) and (8), Register, August, 1986, No. 368, eff. 9-1-86; correction in (7) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1996, No. 485; am. (1) and (7) (intro.), Register, February, 1999, No. 518, eff. 3-1-99.

RR 1.05(1)(1) When the complainant, petitioner or applicant fails to appear at the hearing without good cause shown, the complaint, petition or application, as the case may be, may be dismissed by the examiner.

RR 1.05(2)(2) When the respondent or objector fails to appear at the hearing without good cause shown, the allegations of the complaint, petition, application or order to show cause, as the case may be, may be taken as true, and a final order may be issued without further notice of hearing.

RR 1.05(3)(3) If a party, having failed to appear at a hearing, shows good cause for the failure to the commissioner within 10 days after the final order is issued, the commissioner may set aside the order and afford further opportunity to be heard.

RR 1.06(1)(1) Rules of evidence are governed by s. 227.45, Stats.

RR 1.06(2)(2) The presiding examiner shall rule on all objections and motions made prior to the issuance of the proposed decision.

RR 1.06(3)(3) Failure of a party to object on the record to admission of any evidence shall be deemed a waiver of that objection.

RR 1.06(4)(4) Any party who is dissatisfied with an examiner’s ruling may submit comments explaining their position to the commissioner during the period set for receiving comments on the proposed order. If there is no proposed order, comments shall be filed within 15 days after the close of the period for receiving evidence. The commissioner shall review those comments prior to issuing a final order.

RR 1.06(5)(5) Petitions or written communications addressed to the commissioner not admissible as evidence may be filed, but will not be considered evidence.

RR 1.06(6)(6) The party introducing a document as an exhibit shall furnish a copy to all other parties in attendance.

RR 1.07(1)(1) A stenographic, electronic or other record of oral proceedings shall be made by the office. A written transcript of the record shall be prepared only as deemed necessary by the office, and unless otherwise prepared by the office for its own use, shall not be prepared at the specific request of any person unless needed by that person for appeal or court review purposes, or other valid reasons.

RR 1.07(2)(2) Except as otherwise provided by statute, if a transcript has been prepared by the office for its own use, copies may be furnished to all interested parties upon payment of a fee of 15 cents for each page. If no transcript of the record has been prepared by the office and a specific request for a transcript is made, the party making the request shall be responsible for all reasonable costs incurred by the office in transcribing the record and in preparation of the transcript. Any party who on the basis of a verified petition can establish to the satisfaction of the office the need for a transcript and financial inability to pay for a copy may be furnished a copy free of cost. No fee shall be assessed against government bodies.

RR 1.07(3)(3) If a proceeding has been recorded, the office may substitute a copy of the tapes for a transcript request if no petition for judicial review has been filed. The cost per tape shall be an amount set by the office based on the actual total cost and paid in advance, unless otherwise provided by statute.

RR 1.08(1)(1) The examiner may require briefs in any matter before the office and answers to complaints.

RR 1.08(2)(2) Whenever briefs and answers are filed, the examiner shall indicate the date on or before which they shall be submitted.

RR 1.08(3)(3) Briefs shall be no more than 10 pages, typed in double space on 81⁄2 x 11 inch paper, unless the examiner provides otherwise. An original and one copy of the brief shall be filed with the office and one copy mailed, transmitted by facsimile or delivered in person to each of the other parties.

RR 1.08 HistoryHistory: Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (3), Register, August, 1986, No. 368, eff. 9-1-86; am. (1) and (3), Register, February, 1999, No. 518, eff. 3-1-99.

RR 1.09(1)(1) Any party may request the examiner to issue subpoenas to compel the attendance of witnesses.

RR 1.09(2)(2) Any party may request the examiner to issue subpoenas duces tecum to compel a witness to bring specific documents.

RR 1.09(3)(3) The examiner may limit the scope of the subpoena or deny it if it appears to be unreasonable, oppressive, excessive in scope or unduly burdensome.