ATCP 1.10(1)(m)(m) Require or permit the parties to file written briefs and arguments.
ATCP 1.10(1)(n)(n) Supervise the creation of the contested case record for that portion of the contested case that is conducted under the auspices of the administrative law judge.
ATCP 1.10(1)(o)(o) If necessary and with the secretary’s approval, order and supervise the preparation of a written transcript of oral proceedings conducted before the administrative law judge.
ATCP 1.10(1)(p)(p) Issue proposed decisions.
ATCP 1.10(1)(q)(q) At the request of the final decisionmaker, advise the final decisionmaker on final decisions and orders.
ATCP 1.10(1)(r)(r) Impose or recommend sanctions for disobedient parties under s. ATCP 1.11.
ATCP 1.10(1)(s)(s) Issue final decisions and orders if appointed as final decisionmaker by the secretary.
ATCP 1.10(1)(t)(t) Certify the contested case record for that portion of the contested case that is conducted under the auspices of the administrative law judge, if certification is necessary for a judicial review proceeding.
ATCP 1.10(2)(2)Limits on authority. The administrative law judge may not exercise any authority which is reserved to the secretary or final decisionmaker under this chapter, unless the secretary appoints the administrative law judge as final decisionmaker or delegates the secretary’s authority to the administrative law judge in writing.
ATCP 1.10(3)(3)Impartiality.
ATCP 1.10(3)(a)(a) An administrative law judge shall withdraw from a contested case if the administrative law judge determines that there is a conflict of interest or other circumstance which prevents the administrative law judge from acting impartially, or which creates an undue appearance of bias.
ATCP 1.10(3)(b)(b) No person who participates in the investigation or advocacy of a case, or in the decision to initiate an enforcement action in that case, may act as administrative law judge in the case.
ATCP 1.10(3)(c)(c) An administrative law judge is not disqualified solely because of the administrative law judge’s employment with the department, or solely because the administrative law judge has presided over cases involving the same parties, facts or issues in the past.
ATCP 1.10(4)(4)Ex parte communications. If an administrative law judge receives an ex parte communication which violates s. 227.50 (1), Stats., the administrative law judge shall deal with the ex parte communication as provided under s. 227.50 (2), Stats.
ATCP 1.10 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (intro.) and (2) to (4), Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (1) (intro.), (h), (n), (o), (q), (t) Register December 2010 No. 660, eff. 1-1-11.
ATCP 1.11ATCP 1.11Failure to appear, answer or comply with administrative law judge’s order.
ATCP 1.11(1)(1)Sanctions against disobedient party. If a party, without reasonable excuse, fails to file an answer or pleading as required by s. ATCP 1.21, fails to make a required appearance in a proceeding, fails to disclose witnesses or evidence under s. ATCP 1.23 (3), fails to comply with a subpoena or order issued by the administrative law judge, or fails to comply with the provisions of this chapter, the administrative law judge may take any of the following actions which the administrative law judge considers just in relation to the disobedient party’s failure:
ATCP 1.11(1)(a)(a) Accept an opposing party’s allegations as true, and issue a decision and order in the case based on those allegations.
ATCP 1.11(1)(b)(b) Adopt an opposing party’s proposed findings of fact, conclusions of law and order as the administrative law judge’s findings of fact, conclusions of law and order.
ATCP 1.11(1)(c)(c) By order, disqualify the disobedient party from further participation in the proceedings.
ATCP 1.11(1)(d)(d) By order, stay further proceedings until the disobedient party cures the failure.
ATCP 1.11(1)(e)(e) By order, prohibit the disobedient party from arguing designated issues or introducing designated matters in evidence.
ATCP 1.11(1)(f)(f) By order, dismiss the proceeding, or any part of the proceeding, if the proceeding was initiated at the request of the disobedient party.
ATCP 1.11 NoteNote: A person who, in willful violation of a department subpoena or order, fails to appear as a witness or fails to produce evidence in a contested case proceeding, may be coerced as provided in ss. 93.14 (3) and 885.12, Stats., or may be subject to criminal penalties as provided under s. 93.21 (4), Stats.
ATCP 1.11(2)(2)Notice; opportunity to contest.
ATCP 1.11(2)(a)(a) Before issuing an order under sub. (1), the administrative law judge shall mail a copy of the proposed order to the disobedient party, and shall give the disobedient party not less than 10 days to show cause why the proposed order should not be issued. This paragraph does not apply to proposed orders issued under par. (b).
ATCP 1.11(2)(b)(b) If the administrative law judge is not the final decisionmaker, and if an order under sub. (1) would constitute a final order in the contested case, the administrative law judge shall issue the order as a proposed order under s. ATCP 1.30. The final decisionmaker shall issue any final order under s. ATCP 1.31 after the final decisionmaker considers objections to the proposed order under s. ATCP 1.30 (2). An order dismissing any party, proceeding or cause of action is a final order under this paragraph.
ATCP 1.11 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (intro.) and (2) (a) and (b), Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (title), renum. (1) (b) to (e) to be (1) (c) to (f), cr. (1) (b) Register December 2010 No. 660, eff. 1-1-11.
ATCP 1.12ATCP 1.12Party may appear by attorney.