ATCP 1.30(1)(1) Issued by administrative law judge. If the administrative law judge is not the final decisionmaker in a contested case, the administrative law judge shall prepare a proposed decision for consideration by the final decisionmaker. The proposed decision shall include proposed findings of fact, proposed conclusions of law, a proposed final order, and the administrative law judge’s signed opinion explaining the proposed decision. A copy of the proposed decision shall be mailed or delivered to every party to the contested case.

ATCP 1.30(2)(2) Objections by parties.

ATCP 1.30(2)(a)(a) Any party may file written objections to the administrative law judge’s proposed decision under sub. (1). Unless the final decisionmaker specifies a different time period, an objecting party shall file objections within a time period specified by the administrative law judge. The objecting party shall identify the legal or factual grounds for each objection, and may file a written brief or argument in support of the objections.

ATCP 1.30 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1) and (2) (a), Register, June, 1999, No. 522, eff. 7-1-99.

ATCP 1.31(1)(1) General. The final decisionmaker, after considering any proposed decision and objections under s. ATCP 1.30, shall issue the final decision in a contested case. The final decision shall include findings of fact, conclusions of law and an order.

ATCP 1.31(2)(2) Administrative law judge as final decisionmaker. If the administrative law judge is also the final decisionmaker, the administrative law judge may do either of the following:

ATCP 1.31(3)(3) Identification of parties; service on parties. The department shall mail or deliver a copy of the final decision to every party in a contested case. The name and address of every party shall be included with the final decision.

ATCP 1.31(4)(4) Variance from proposed decision. If the final decision varies from the administrative law judge’s proposed decision, the final decision shall explain the reasons for the variation.

ATCP 1.31(5)(5) Petition for rehearing or judicial review; notice of rights. The following statement, or its equivalent, shall be included with the final decision pursuant to s. 227.48, Stats.:

“A party adversely affected by this final decision may file a written petition for rehearing under s. 227.49, Stats., within 20 days after he or she is served with the decision under s. 227.48. A petition for rehearing, if any, shall specify in detail the grounds for rehearing.

A party adversely affected by this final decision may also seek judicial review under ss. 227.52 and 227.53, Stats., by filing a petition for judicial review within 30 days after he or she is served with the decision under s. 227.48. In any petition for judicial review, the Wisconsin Department of Agriculture, Trade and Consumer Protection shall be named as the respondent.”

ATCP 1.31(6)(6) Motion for costs and attorneys fees; notice of rights. If a prevailing party in a contested case may be entitled to costs and attorneys fees under s. 227.485, Stats., the final decision shall include notice of the procedure for requesting an award of costs and attorneys fees under s. ATCP 1.32.

ATCP 1.31 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (2) and (4), Register, June, 1999, No. 522, eff. 7-1-99; CR 01-028: r. and recr. (2), Register September 2001 No. 549, eff. 10-1-01.

ATCP 1.32(1)(1) Motion; itemized statement. If an individual, small non-profit corporation or small business is a prevailing party in a contested case, that prevailing party may submit a motion for costs and attorneys fees under s. 227.485, Stats. A prevailing party shall submit the motion within 30 days after the administrative law judge issues a proposed decision under s. ATCP 1.30 (1) or 1.31 (2) (a) or, if the administrative law judge issues a final decision under s. ATCP 1.31 (2) (b) without issuing a proposed decision, within 30 days after the administrative law judge issues that final decision.

ATCP 1.32(2)(2) Reply. A division or state agency which is a party to the contested case, and whose action gave rise to the motion for costs and attorneys fees under sub. (1), may file a written response to that motion. The response shall be filed within 30 days after the prevailing party’s motion is filed under sub. (1).

ATCP 1.32(3)(3) Decision.

ATCP 1.32(3)(a)(a) The administrative law judge shall issue a decision granting or denying a motion for costs and attorneys fees under sub. (1). The administrative law judge may make a partial award of costs and attorneys fees, as provided under s. 227.485 (4), Stats. The administrative law judge’s decision shall include findings of fact, conclusions of law, and an order granting or denying an award. Except as provided under par. (b), the administrative law judge’s decision is final and shall comply with s. ATCP 1.31 (1) to (5).

ATCP 1.32(3)(b)(b) If the administrative law judge is not the final decisionmaker in a contested case, the administrative law judge’s decision under par. (a) shall be issued as a proposed decision. Within 30 days after the administrative law judge issues a proposed decision under this paragraph, the parties may file written objections to the proposed decision. After considering the written objections, the final decisionmaker shall issue a final decision granting or denying an award of costs and attorneys fees. The final decision shall comply with s. ATCP 1.31 (1) to (5).

ATCP 1.32(3)(c)(c) A final decision under this subsection is subject to judicial review under s. 227.52, Stats. A party may seek judicial review of a final decision granting or denying an award of costs and attorneys fees, regardless of whether the party petitions for judicial review of the department’s final decision on the merits of the contested case.