Wisconsin Administrative Code

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,…

WFSB 4.04 Appointment of local committee members. Appointment of local committee members under s. 289.33 (7) (a), Stats., shall be based on land ownership at the time of the standard notice. History: Cr. Register, July, 1991, No. 427, eff. 8-1-91; correction made under s. 13.93 (…

WFSB 4.05 Appointment of additional municipality representative. An additional municipality under s. 289.33 (7n), Stats., shall appoint one member to the local committee. History: Cr. Register, July, 1991, No. 427, eff. 8-1-91; correction made under s. 13.93 (2m) (b) 7., Stats., …

WFSB 5.01 Policy and purpose. It is the policy of the state that all departments and agencies of state government shall cooperate with the land conservation board and the department of agriculture, trade and consumer protection in the exchange of information concerning projects a…

WFSB 5.02 Applicant notification to the board. When the applicant submits to the board a copy of the request for specification of all local approvals under s. WFSB 3.03, the applicant shall include a statement to the best of its knowledge if the site of the proposed facility incl…

WFSB 5.03 Board and department notification. If the proposed site includes land upon which there exists farmland preservation agreements, zoning for exclusively agricultural use, or is located in a preservation area identified on a certified county preservation plan, the applican…

WFSB 5.04 Notification, continuing obligation. The applicant has a continuing obligation to notify the board, land conservation board and department of agriculture, trade and consumer protection if, at any time, the applicant has information that the site of the proposed facility…

WFSB 6.01 Public informational hearings; local committee. The local committee may hold public informational hearings at any time concerning the agreement in any town, city or village where all or a portion of the facility is to be located. History: Cr. Register, November, 1984, N…

WFSB 6.02 Submission of agreement to board and department. The applicant shall submit a copy or notice of any negotiated agreement approved by the appropriate governing bodies to the board and the department by mail within 10 days after the agreement is approved. History: Cr. Reg…

WFSB 7.01 Petition. (1) WHO MAY SUBMIT. A petition for the determination of a dispute over the negotiability of an item or items may be submitted by an applicant, local committee or as a joint petition. (2) FORM, NUMBER OF COPIES, SUBMISSION. The petition shall be in writing and …

WFSB 7.03 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 and…

WFSB 7.04 Notice of hearing when issued; contents. Following the submission of a petition and statement in response to the petition, the board shall issue and serve upon each of the parties, a notice of hearing at a fixed place and, except in unusual circumstances, at a time not …

WFSB 7.05 Hearings. (1) WHO SHALL CONDUCT. Hearings may be conducted by any examiner and, at any time, an examiner may be substituted for the examiner previously presiding. (2) SCOPE OF HEARING. The hearing shall be limited by the examiner to the litigation of and oral arguments …

WFSB 7.06 Decision concerning negotiability. Within 14 days after submission of the case, the board shall issue a decision concerning the petition and notify the applicant and local committee of that decision. The date on which the last document necessary to the decision of the c…

WFSB 8.01 Who may act as mediator. A competent, impartial disinterested person designated by the board or selected by the parties may act as the mediator in the dispute. History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

WFSB 8.02 Selection of mediator. The board, after receiving a request for the appointment of a mediator, shall immediately submit to the parties a list of 5 mediators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be …

WFSB 8.03 Function of mediator, effectuate settlement. Upon the consent of the parties to mediation, it shall be the function of the mediator to bring the parties together voluntar- WFSB 8.03 WFSB 8.04 Function of mediator, effectuate settlement. Mediation proceedings. ily under …

WFSB 8.04 Mediation proceedings. (1) NATURE. The mediator may hold separate meetings with the parties or their representatives and such meetings may be closed, pursuant to s. 19.85 (1) (e), Stats. (2) WHEN AND WHERE CONDUCTED. Mediation meetings shall be conducted at such time an…

WFSB 9.01 Petition. (1) WHO MAY FILE. A petition for default may be filed by an applicant or a local committee. (2) FORM, NUMBER OF COPIES, SUBMISSION. The petition shall be in writing and its caption shall be as follows: STATE OF WISCONSIN BEFORE THE WASTE FACILITY SITING BOARD …

WFSB 9.02 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 respo…