ATCP 1.20ATCP 1.20 Hearing notice. To initiate a contested case proceeding, the secretary shall issue a hearing notice to each of the parties. The hearing notice shall be signed and dated by the secretary, and shall be captioned as provided in s. ATCP 1.13 (2). The hearing notice shall include all of the following:

ATCP 1.20(1)(1) Nature of the proceeding. A statement of the general nature of the proceeding, including whether the proceeding is a class 1, class 2, or class 3 proceeding under s. 227.01 (3), Stats.

ATCP 1.20(2)(2) Legal authority. A statement of the department’s legal authority to conduct the contested case proceeding.

ATCP 1.20(3)(3) Administrative law judge. The name of the administrative law judge who is appointed to preside over the contested case, unless the secretary intends to preside in person.

ATCP 1.20(4)(4) Final decisionmaker. The name and position of the final decisionmaker who is appointed to issue a final decision in the case, unless the secretary intends to issue the final decision.

ATCP 1.20(5)(5) Hearing. Except as provided under sub. (6), the date, time and location at which a hearing will be held in the proceeding. Except in an emergency, or by agreement of all parties, the hearing date shall be not less than 30 days after the hearing notice is issued. If any party is required to file an answer or other pleading under s. ATCP 1.21, the hearing date shall not precede the last date for filing the answer or other pleading. The administrative law judge may reschedule a hearing as the administrative law judge deems appropriate.

ATCP 1.20(6)(6) Prehearing conference. Instead of scheduling a hearing, the hearing notice may schedule a prehearing conference under s. ATCP 1.14. The hearing notice may specify that the prehearing conference is to be conducted by telephone, or it may authorize the parties to request a telephone prehearing conference.

ATCP 1.20 NoteNote: If the hearing notice schedules a prehearing conference, rather than a hearing, the administrative law judge will schedule the hearing after consulting the parties.

ATCP 1.20(7)(7) Matters asserted. A short and plain statement of the matters asserted. This statement may incorporate, by reference, the complaint or pleading filed by the initiating party under subchapter III. If the contested case is initiated in response to a complaint under s. ATCP 1.05, a copy of the complaint shall be included with the hearing notice.

ATCP 1.20(8)(8) Required answer or pleading. A notice to affected parties that they are required to file an answer or responsive pleading, if such is the case. If a proceeding is initiated in response to a complaint under s. ATCP 1.05, the notice shall inform each respondent named in the complaint that he or she must file an answer to the complaint under s. ATCP 1.21 (1).

ATCP 1.20(9)(9) Consequences of failing to appear or file answer. A statement that, if a party fails to appear or file an answer or pleading as required, the department may issue a decision and order against that party without further notice or hearing.

ATCP 1.20 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (3), Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (5), (8) Register December 2010 No. 660, eff. 1-1-11.

ATCP 1.21(1)(1) Answer.

ATCP 1.21(1)(a)(a) If a respondent is named in a complaint under s. ATCP 1.05, and is served with a copy of the complaint and the hearing notice issued under s. ATCP 1.20, the respondent shall file a written answer to the complaint. The respondent shall file the answer within 20 days after the complaint and hearing notice are served on the respondent. Upon request by a respondent, the administrative law judge may grant the respondent an extension of time to file an answer.

ATCP 1.21(1)(b)(b) An answer under par. (a) shall be in writing, and shall be captioned as provided in s. ATCP 1.13 (2). The answer shall be signed by the respondent or the respondent’s attorney, and shall clearly and specifically state the respondent’s position with respect to each allegation in the complaint.

ATCP 1.21(2)(2) Other pleadings. In a hearing notice under s. ATCP 1.20, the secretary may require the parties to file written pleadings in order to identify the positions of the parties and the matters at issue in the proceeding. The administrative law judge may require the parties to file any supplementary pleadings which the administrative law judge considers necessary.

ATCP 1.21(3)(3) Amendments. A party may, with leave from the administrative law judge, amend an answer or pleading at any point in a contested case proceeding. The administrative law judge may withhold leave if the amendment would unduly delay or disrupt the proceeding, or would work a significant injustice against any party.

ATCP 1.21 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (a), (2) and (3), Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (1) (b) Register December 2010 No. 660, eff. 1-1-11.

ATCP 1.22(1)(1) General. The hearing notice under s. ATCP 1.20 may require the parties to appear at a prehearing conference. The administrative law judge may also require the parties to attend one or more prehearing conferences.

ATCP 1.22 NoteNote: A prehearing conference is normally held in every contested case proceeding unless the administrative law judge determines that a prehearing conference is unnecessary. Prehearing conferences are electronically recorded.

ATCP 1.22(2)(2) Purposes. A prehearing conference may be held to consider any of the following:

ATCP 1.22(2)(d)(d) The possibility of obtaining stipulations of facts, law or evidence that will avoid unnecessary arguments or offers of proof.