Ins 5.15 Ins 5.15 Amendment of pleadings.

Ins 5.15(1) (1) Section 802.09 (1) to (4), Stats., applies in contested cases under this chapter.

Ins 5.15(2) (2) The administrative law judge may permit a party to amend an answer or pleading at any time during a contested case. The administrative law judge may deny a motion to amend if the amendment would unduly delay or disrupt the proceeding or would constitute a significant injustice to any party.

Ins 5.15 History History: Cr. Register, March, 1996, No. 483, eff. 4-1-96.

Ins 5.17 Ins 5.17 Papers; identification; form; filing; service.

Ins 5.17(1) (1) Papers captioned. Except as otherwise permitted by the administrative law judge, each party shall, to the extent practicable, caption each pleading, notice, motion, brief, stipulation, decision, order and other paper filed in a contested case with all of the following:

Ins 5.17(1)(a) (a)

Ins 5.17(1)(a)1. 1. If the contested case arises under ch. Ins 17, the heading,“Board of the Patients Compensation Fund.”

Ins 5.17(1)(a)3. 3. In any other case, the heading, “Commissioner of Insurance.”

Ins 5.17(1)(b) (b) The name of the paper.

Ins 5.17(1)(c) (c) The legal file number assigned to the contested case.

Ins 5.17(1)(d) (d) The title of the contested case in the form, “In the Matter of . . .” followed by one of the following:

Ins 5.17(1)(d)1. 1. The name and designation of the petitioner in a class 1 proceeding.

Ins 5.17(1)(d)2. 2. The name and designation of each respondent in a class 2 proceeding.

Ins 5.17(1)(d)3. 3. The name and designation of the petitioner and the name and designation of one of the following respondents in a class 3 proceeding:

Ins 5.17(1)(d)3.a. a. The Wisconsin compensation rating bureau in a contested case arising under s. 626.31 (4), Stats., and s. Ins 5.09 (4) or s. 102.31 (4), Stats., and s. Ins 5.09 (5).

Ins 5.17(1)(d)3.b. b. The Wisconsin insurance plan in a contested case arising under ss. Ins 4.10 (16) and 5.09 (6).

Ins 5.17(1)(d)3.c. c. The Wisconsin automobile insurance plan in a contested case arising under ss. Ins 3.49 (3) (d) 1. and 5.09 (7).

Ins 5.17(1)(d)3.d. d. The Wisconsin health care liability insurance plan, the patients compensation fund or both in a contested case arising under ss. Ins 5.10 (1) (a) or (c) and 17.24 (3).

Ins 5.17(1)(d)3.e. e. The Wisconsin health care liability insurance plan in a contested case arising under ss. Ins 5.10 (1) (b) and 17.25 (16).

Ins 5.17(1)(d)3.f. f. The patients compensation fund peer review council in a contested case arising under ss. Ins 5.10 (1) (c) and 17.285 (9).

Ins 5.17(2) (2) Form. Except as otherwise permitted or ordered by the administrative law judge, each paper filed shall comply with all of the following:

Ins 5.17(2)(a) (a) It shall be printed or typewritten on only one side of 8-1/2 by 11 inch paper.

Ins 5.17(2)(b) (b) It shall be signed by the party, by the party’s attorney or, if the party is a corporation, limited liability company, partnership, cooperative or other association, by any of its officers or employees. The name and mailing address shall be printed or typewritten immediately after the signature.

Ins 5.17(3) (3) Filing; service.

Ins 5.17(3)(a) (a) Filing of a paper is complete upon its receipt by the office or the administrative law judge before 4:30 p.m. on any business day.

Ins 5.17(3)(b) (b) Whenever a party files a paper in a contested case, that party shall, on the same date, serve a copy on every other party.

Ins 5.17(3)(c) (c) By filing a paper in a contested case, the filing party certifies that he or she has served a copy on every other party as required by par. (b). No other affidavit of mailing or service is required.

Ins 5.17(3)(d) (d) If any party claims not to have received a copy of any filed paper, an affidavit of mailing constitutes presumptive proof of service.