VE 3.32(1) (1) The complaint and other papers may be served on a respondent by mailing a copy of the paper to the respondent at the last known address of the respondent, by any procedure described in s. 801.14 (2), Stats., or by electronic transmission if agreed to by the respondent or respondent’s authorized representative. Service by mail is complete upon mailing.

VE 3.32(2) (2) Any paper required to be filed with the board may be mailed to the board’s office and, if an administrative law judge has been designated to preside in the matter, to the administrative law judge and shall be deemed filed on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date they are received at the board’s office or by the administrative law judge. Papers required to be filed may instead be filed and served by electronic mail or facsimile transmission. For materials transmitted by electronic mail, the filing date shall be the date that the electronic mail was sent. For materials transmitted by facsimile, the date received shall determine the date of filing.

VE 3.32 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.34 VE 3.34 Answer.

VE 3.34(1) (1) An answer to a complaint shall state in short and plain terms the defenses to each cause asserted and shall admit or deny the allegations upon which the complainant relies. If the respondent is without knowledge or information sufficient to form a belief as to the truth of the allegation, the respondent shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the allegations denied. The respondent shall make denials as specific denials of designated allegations or paragraphs but if the respondent intends in good faith to deny only a part or a qualification of an allegation, the respondent shall specify so much of it as true and material and shall deny only the remainder.

VE 3.34(2) (2) The respondent shall set forth affirmatively in the answer any matter constituting an affirmative defense.

VE 3.34(3) (3) Allegations in a complaint are admitted when not denied in the answer.

VE 3.34(4) (4) An answer to a complaint shall be filed within 30 days from the date of service of the complaint.

VE 3.34 History History: CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

VE 3.36 VE 3.36 Administrative law judge.

VE 3.36(1) (1) Designation. The board may request DHA assign an administrative law judge to preside over any disciplinary proceeding.

VE 3.36(2) (2) Authority and duties. An administrative law judge may, on behalf of the board, do all of the following:

VE 3.36(2)(a) (a) Gain permission from parties for service of all documents to be via electronic transmission, or other means if necessary.

VE 3.36(2)(b) (b) Require parties to clarify positions or issues.

VE 3.36(2)(c) (c) Hold prehearing conferences and issue memoranda for the record, summarizing all actions taken and agreements reached.

VE 3.36(2)(d) (d) Make procedural rulings and issue scheduling orders, including for motions, date, time and location of hearing, discovery, identification of witnesses and evidence for hearing, stipulations by the parties for hearing and other matters aiding in the orderly disposition of the proceedings.

VE 3.36(2)(e) (e) Hold motion hearings and make rulings on said motions.

VE 3.36(2)(f) (f) Adjourn or postpone proceedings.

VE 3.36(2)(g) (g) Grant continuances or extensions of time.

VE 3.36(2)(h) (h) Issue subpoenas to compel witness attendance and document production.

VE 3.36(2)(i) (i) Regulate discovery proceedings, and issue orders to compel or limit discovery.

VE 3.36(2)(j) (j) Select the location of the hearing.

VE 3.36(2)(k) (k) Preside over hearings and regulate the course of hearings.

VE 3.36(2)(L) (L) Administer oaths and affirmations.

VE 3.36(2)(m) (m) Make evidentiary rulings and receive relevant evidence.

VE 3.36(2)(n) (n) Impose sanctions on disobedient parties.

VE 3.36(2)(o) (o) Require or permit the parties to file written briefs and arguments.

VE 3.36(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 3.36(2)(q) (q) If required, order and supervise the preparation of a written transcript of proceedings conducted before the administrative law judge.