ATCP 1.22(2)(e) (e) The identification of witnesses and evidence for hearing.

ATCP 1.22(2)(f) (f) Prehearing motions and discovery requests.

ATCP 1.22(2)(g) (g) The scheduling of proceedings in the contested case, including the date, time and location of hearing.

ATCP 1.22(2)(h) (h) Other matters which may aid the orderly consideration and disposition of the contested case.

ATCP 1.22(3) (3) Memorandum. At the conclusion of a prehearing conference, the administrative law judge shall prepare a memorandum for the record under s. 227.44 (4) (b), Stats., which summarizes the action taken and the agreements reached at the conference. The administrative law judge may, in conjunction with the memorandum, issue any procedural orders which may be necessary to implement the actions taken at the prehearing conference. Copies of the memorandum shall be mailed or delivered to all parties.

ATCP 1.22 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1) and (3), Register, June, 1999, No. 522, eff. 7-1-99.

ATCP 1.23 ATCP 1.23 Discovery.

ATCP 1.23(1) (1) Class 2 contested cases. In a class 2 contested case, every party is entitled to discovery as provided in s. 227.45 (7) and ch. 804, Stats.

ATCP 1.23(2) (2) Other contested cases. In a class 1 or class 3 contested case, the administrative law judge may by order authorize discovery by any party under s. 227.45 (7) and ch. 804, Stats. Except as provided in s. 227.45 (7) (a) to (d), Stats., the decision to grant or deny a discovery request in a class 1 or class 3 contested case is subject to the administrative law judge’s discretion. The administrative law judge may issue a discovery order in response to a motion by any party, and may impose such limits on discovery as the administrative law judge considers appropriate.

ATCP 1.23(3) (3) Exchange of evidence and witness lists.

ATCP 1.23(3)(a) (a) Except as provided under par. (b) or ordered by the administrative law judge, every party in a contested case shall provide every other party with all of the following at least 10 days prior to hearing:

ATCP 1.23(3)(a)1. 1. The name and address of every person whom the party intends to call as a witness in the proceeding. Proposed expert witnesses shall be identified as such.

ATCP 1.23(3)(a)2. 2. A copy of every document which the party intends to offer as evidence in the proceeding.

ATCP 1.23(3)(a)3. 3. A description of every item of physical evidence which the party intends to offer as evidence in the proceeding. Upon request by any other party, the party offering the physical evidence shall permit the requesting party to make reasonable inspection of the physical evidence prior to hearing.

ATCP 1.23(3)(b) (b) Paragraph (a) does not apply to witnesses or evidence used solely to impeach witness testimony.

ATCP 1.23(4) (4) Protective orders. Upon motion by any party, and for good cause shown, the administrative law judge may issue a protective order under s. 804.01 (3), Stats., limiting discovery. The administrative law judge may issue a protective order in any contested case, including a class 2 contested case.

ATCP 1.23(5) (5) Order compelling discovery. If a person fails to respond to a discovery request under this section, the party seeking discovery may move the administrative law judge for an order compelling discovery. Upon motion by any party, the administrative law judge may issue an order compelling discovery under s. 804.12, Stats.

ATCP 1.23 Note Note: If a party fails to comply with sub. (3), or with an administrative law judge’s order under sub. (2), (4) or (5), the party is subject to possible sanctions under s. ATCP 1.11. If any person willfully fails to testify or provide evidence in compliance with an administrative law judge’s order under sub. (5), that person may be coerced under ss. 93.14 (3) and 885.12, Stats., or may be subject to criminal penalties as provided under s. 93.21 (3) or (4), Stats.

ATCP 1.23(6) (6) Completion of discovery. Discovery in a contested case shall be completed at least 10 days prior to the date on which the contested case hearing is scheduled to begin, except as otherwise ordered or allowed by the administrative law judge.

ATCP 1.23 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (2), (3) (a), (4) and (5), Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (3) (a) (intro.), cr. (6) Register December 2010 No. 660, eff. 1-1-11.

ATCP 1.24 ATCP 1.24 Settlement.

ATCP 1.24(1) (1) General. At any point in a contested case proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both of the following:

ATCP 1.24(1)(a) (a) A written stipulation, signed by the parties or their representatives, setting forth the agreed terms of settlement.

ATCP 1.24(1)(b) (b) A proposed order disposing of the case, for signature by the final decisionmaker.

ATCP 1.24(2) (2) Approval. A proposed order under sub. (1) or (3) is subject to approval by the final decisionmaker. The final decisionmaker signifies approval by signing the proposed order as submitted by the parties.

ATCP 1.24(3) (3) Settlement prior to complaint filing or hearing request.

ATCP 1.24(3)(a) (a) The parties to a potential contested case may agree to settle that potential case prior to the filing of any complaint under s. ATCP 1.05 or hearing request under s. ATCP 1.06, and prior to the issuance of any hearing notice under s. ATCP 1.20.

ATCP 1.24(3)(b) (b) The parties to a settlement under par. (a) may stipulate to the issuance of a department order without the filing of any complaint or hearing request, and without further notice, hearing or other contested case procedures. Parties seeking a stipulated order shall file all of the following with the secretary:

ATCP 1.24(3)(b)1. 1. A copy of the proposed order.