HA 1.12 Conduct of hearings. HA 1.13 Rules of evidence. HA 1.14 Close of hearing. Ch. HA 1 NoteNote: This chapter replaces the rules promulgated by the Nursing Home Forfeiture Appeals Board which were repealed effective September 1, 1985.
Ch. HA 1 NoteNote: Chapter HA 1 as it existed on December 31, 2002 was repealed and a new chapter HA 1 was created effective January 1, 2003.
HA 1.01HA 1.01 Application of this chapter. HA 1.01(2)(2) Application. This chapter shall apply in all contested cases proceedings and hearings before the division of hearings and appeals under ch. 227, Stats., except as specifically provided otherwise. In addition, these rules shall apply if authorized under the terms of any contract the division enters into under s. 227.43 (1m), Stats. Agencies for which the division conducts proceedings, including, but not limited to the departments of natural resources, health services, children and families, employee trust funds and justice, may have specific administrative code provisions or administrative decisions that govern the conduct of those proceedings. In the event of a conflict between this chapter and an agency administrative code provision or administrative decision, the agency administrative code provision or administrative decision is controlling. HA 1.01(3)(3) Exclusions. This chapter does not apply to corrections hearings conducted pursuant to ch. HA 2, fair hearings conducted pursuant to ch. HA 3, or hearings conducted pursuant to s. 115.80, Stats. HA 1.01 HistoryHistory: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register June 2023 No. 810. HA 1.02HA 1.02 Definitions. For purposes of this chapter: HA 1.02(1)(1) “Administrative law judge” means an administrative hearing examiner employed by the division of hearings and appeals. HA 1.02(2)(2) “Administrator” means the administrator of the division of hearings and appeals. HA 1.02(3)(3) “Agency” means the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer. HA 1.02(4)(4) “Appeal” means a pleading, petition or application made by an appellant. HA 1.02(5)(5) “Appellant” means an applicant, complainant or petitioner. HA 1.02(6)(6) “Division” means the division of hearings and appeals. HA 1.02(7)(7) “Official of the agency” means the head of an agency. HA 1.02(8)(8) “Party” means a person or agency named or admitted as a party in a contested case. HA 1.02(9)(9) “Preponderance of the evidence” means the greater weight of the credible evidence. HA 1.02 HistoryHistory: CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03. HA 1.03HA 1.03 Service of documents. HA 1.03(1)(1) By the division. The division may serve decisions, orders, notices and other documents by first class, certified, registered or inter-departmental mail or by facsimile transmission.