Wisconsin Administrative Code

WEM 8.05 Types and classes of resources. All equipment and apparatus provided to the stricken unit shall comply with requirements based on National Fire Protection Association standards and ch. Trans 309 at the time of its original construction and shall be NIMS compliant. At the…

WEM 8.06 Communications. To facilitate radio interoperability during emergency response operations, designated MABAS VHF radio frequencies will be utilized by MABAS member units for on scene communications with MABAS mutual aid partners. This does not preclude fire, rescue and em…

WEM 8.07 Coordinators. Each MABAS division shall have one division coordinator available at all times. Each MABAS region shall designate one division in its region to act as the regional coordinator. Each WEM region shall designate one MABAS division as a WEM regional coordinator…

WEM 8.08 Credentialing. Through December 31, 2009, all firefighters responding under MABAS shall meet the training standards and requirements of entry level firefighters trained under s. SPS 330.07. Commencing January 1, 2010, all firefighters responding under MABAS shall meet th…

WEM 8.09 Limitations on coverage. (1) Personnel dispatched to aid a stricken unit under MABAS shall remain employees of the aiding unit. Personnel rendering aid shall report to the incident commander or designee of the stricken unit for direction and assignment at the scene of th…

WEM 8.10 Compensation. Equipment, personnel or services provided under MABAS shall be at no charge to the stricken unit. However, any expenses recoverable from third parties and responsible parties shall be equitably distributed among aiding units. Nothing shall operate to bar an…

WEM 8.11 Participation. An agency participating in the MABAS system must be either a MABAS member unit or have signed a memorandum of understanding directly with MABAS. WEM 8.11 Failure to do either does not jeopardize responses to a non-participating community at the direction o…

WFSB 1.01 Authority. Chapters WFSB 1 to 12 are promulgated under the authority of s. 289.33 (4), Stats., for implementation of s. 289.33, Stats. WFSB 1.03 WFSB 1.04 Policy. Definitions. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84; correction made under s. 13.93 (…

WFSB 1.02 Purpose and construction. Chapters WFSB 1 to 12 govern the conduct of all proceedings involving negotiation and arbitration before the waste facility siting board and before any examiner in disputes. Chapters WFSB 1 to 12 shall be liberally construed to effectuate the p…

WFSB 1.03 Policy. The policy of the state being to create and maintain an effective and comprehensive policy of negotiation and arbitration between affected parties involving waste facilities, nothing in chs. WFSB 1 to 12 shall be construed to prevent the examiner from using its …

WFSB 1.04 Definitions. (1) TERMS, DEFINED IN STATUTE. Any terms used in these rules that are defined in ss. 289.01 and 289.33 (3), Stats., have the meaning set forth in those sections. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84; correction in (2) (intro) made un…

WFSB 10.01 Petition. (1) WHO MAY SUBMIT. A petition for the determination of a dispute over arbitrability of an item or items may be submitted by an applicant, a local committee or as a joint petition. (2) WHEN SUBMITTED. A petition for determination of arbitrability under this c…

WFSB 10.02 Statement in response to petition. (1) WHO SHALL SUBMIT. The party other than the petitioner shall, within 14 days of the receipt of the petition, submit to the board a statement in response to the petition. (2) FORM, NUMBER OF COPIES, SUBMISSION. The statement in resp…

WFSB 10.03 Withdrawal of petition. Any petition submitted under this chapter may be withdrawn at any time. If the petition is submitted by both parties, both must consent before withdrawal will be effectuated. If one party wishes to withdraw from a joint petition, it may do so an…

WFSB 10.04 Notice of hearing. when issued; contents. Following the submission of a petition and statement in response to the petition, if it appears that further proceedings are warranted, the board shall issue and serve upon each of the parties, a notice of hearing at a place fi…

WFSB 10.05 Intervention.

WFSB 10.06 Hearings.

WFSB 10.07 Decision concerning arbitrability. July, 1991, No. 427, eff. 8-1-91; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.

WFSB 11.01 Petition. (1) WHO MAY SUBMIT. A petition for the initiation of arbitration may be submitted by an applicant or a local committee or as a joint petition. (2) FORM, NUMBER OF COPIES, SUBMISSION. The petition shall be in writing and its caption shall be as follows: STATE …

WFSB 11.02 Statement in response to petition. (1) WHO SHALL SUBMIT. The party other than the petitioner shall, within 14 days of the receipt of the petition, submit with the board a statement in response to the petition.

WFSB 11.03 Withdrawal of petition. Any petition submitted under this chapter may be withdrawn at any time. If the petition is submitted by both parties, both must consent before withdrawal will be effectuated. If one party wishes to withdraw from a joint petition, it may do so an…

WFSB 11.04 Notice of status conference. Following the submission of a petition, if it appears to the board that further proceedings are warranted, the board may request a status conference between both parties and the examiner, at a fixed place or by conference call and, except i…

WFSB 11.05 Status conferences. (1) WHO SHALL Status conferences may be conducted by any examiner and, at any time, an examiner may be substituted for the examiner previously presiding. (2) SCOPE OF STATUS CONFERENCE. The status conference shall be limited by the examiner to the d…

WFSB 11.06 Decision concerning arbitration. Within 15 days after submission of the petition, the board shall issue a decision concerning the petition and notify the applicant and local committee of that decision. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84. the c…

WFSB 11.07 Order to continue negotiation. The board may issue a decision ordering the applicant and the local committee to continue negotiating for a fixed time period of at least 30 days after the date of the notice if, in the judgment of the board, arbitration can be avoided by…

WFSB 11.08 Considerations by board. In making its decision concerning the petition, the board may consider: (1) Whether parties have utilized the services of a mediator or have considered making such utilization. 2 (2) Whether either party believes further negotiations will resul…

WFSB 11.09 Decision to delay arbitration pending submittal of feasibility report. The board may issue a decision to delay the initiation of arbitration until the board is notified that the affected municipalities have received a feasibility report for the facility proposed by the…

WFSB 12.01 Distribution of final offers. WFSB 12.01 Distribution of final offers. Final offers filed under s. 289.33 (10), Stats., shall become available to the public 90 days after the date of notice ordering the parties to submit final offers or when both the applicant and the …

WFSB 2.01 Special rules. Chapters WFSB 3 to 11 set forth special rules applicable to the proceedings described in chs. WFSB 3 to 11. This chapter sets forth general rules applicable to all types of proceedings. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84; correct…

WFSB 2.02 Resolution of conflicts. In any conflict between a general rule in ch. WFSB 2 and a special rule in another chapter applicable to a particular type of proceeding, the special rule shall govern. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

WFSB 2.03 Initiation of proceedings, method, forms, where to file. A proceeding may be initiated by filing an appropriate document as specified in these rules. Standard language for initiating proceedings under s. 289.33, Stats., is set forth in chs. WFSB 3 to 11 governing partic…

WFSB 2.04 Consolidation and severance of proceedings. Whenever the board deems it necessary, in order to effectuate the purposes of s. 289.33, Stats., or to avoid unnecessary costs or delay, proceedings under several subsections of s. 289.33, Stats., may be combined into a single…

WFSB 2.05 Form of documents other than correspondence. (1) TITLE. Documents shall clearly show the title of the proceeding and the docket number. Titles are found in chs. WFSB 3 to 11 governing specific proceedings. Docket numbers will be assigned at the office of the board when …

WFSB 2.06 Submission of papers other than letters. (1) EXTENSION OF TIME. The examiner may, by agreement of the affected parties for good cause shown, extend any time limit prescribed or allowed in chs. WFSB 3 to 11. Any such request to extend any time limit shall be in writing a…

WFSB 2.07 Effect of failure to submit statement in response. Any party who fails to submit a statement in response to a petition, within the time provided under the rules governing particular procedures or by any extension granted, shall be deemed to admit the accuracy of the fac…

WFSB 2.08 Requests and statements in opposition. In ch. WFSB 2: (1) XRequestY means an application made, either in writing or orally, to the board, its agent, or hearing examiner for the purpose of obtaining a rule or order directing some act to be done in favor of the applicant.…

WFSB 2.09 Prehearing conference. (1) PURPOSE. Prehearing conferences are intended to provide an opportunity to consider: (a) Formulation of a statement of the issue or issues presented by a proceeding. (b) Whether the parties can reconcile differences and settle any issues among …

WFSB 2.10 Depositions and discovery. (1) The examiner on application of any party may by issuance of a subpoena or other appropriate order authorize the taking of a deposition of a party or any other person for discovery or other purposes, in such manner and upon such terms and c…

WFSB 2.12 Hearing subpoenas. The examiner may issue subpoenas requiring attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents in their possession or under their control. Application for subpoenas may be mad…

WFSB 2.13 Duties of examiners. The examiner shall inquire fully into all matters in issue, to obtain a full and complete record upon which the duties of the board under s. 289.33, Stats., may be properly discharged. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84; co…

WFSB 2.14 Powers of examiners. The examiners may take the following action, subject to these rules within the board[s power. (1) To administer oaths and affirmations; (2) To issue subpoenas in the name of the board; (3) To rule upon offers of proof, receive relevant evidence, and…

WFSB 2.15 Procedures, application. Procedures under this chapter shall only apply to public hearings and not public informational meetings. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

WFSB 2.16 Close of hearing. A hearing shall be deemed closed when the evidence is closed and when any period

WFSB 2.17 Waiver of procedure. The parties to any proceeding may agree to waive any one or more of the procedural requirements or decisions which would otherwise precede the issuance of a final order or other final deposition issued by the examiner. History: Cr. Register, Novembe…

WFSB 3.01 Request for specification of local approvals. The written request for specification of all local approvals, pursuant to s. 289.22, Stats., shall include the name and address of the applicant, the type of facility proposed, the location of the proposed facility including…

WFSB 3.02 Notification of negotiation and arbitration process. The applicant shall attach to its request a copy of WFSB 3.03 Copy to board. the standard notice printed by the board which informs municipalities of the time limits and requirements for participation in the negotiati…

WFSB 3.03 Copy to board. The applicant shall submit to the board a copy of the request it submits to affected municipalities under this subdivision and a copy of the return post office receipts or affidavits as proof of submission. History: Cr. Register, November, 1984, No. 347, …

WFSB 4.01 Disclosure of private interests. Each member of a local committee shall file a statement with the board within 15 days after the person is appointed to the local committee specifying the economic interests of the member and his or her immediate family members that would…

WFSB 4.02 Statement of economic interests. (1) CONTENTS. The statement of economic interests shall contain: (a) The name and address of the local committee member. (b) The approximate location from the proposed site of any property owned by the local committee member or his or he…

WFSB 4.03 Failure to disclose private interests. If a person fails to file a statement of economic interest as required under s. WFSB 4.01, he or she may not serve on the local committee and the position to which he or she was appointed is vacant. History: Cr. Register, November,…