Wisconsin Administrative Code

Game 9.17 Approval of deductions. A licensee under s. 562.05 (1) (b), Stats., shall deduct from the total amount wagered on all animals selected each race, amounts set forth in s. 562.065 (3) (a), Stats., for win, place, show and multiple pool wagers and pay the balance minus bre…

HA 1.01 Application of this chapter. (1) ADOPTION. This chapter is adopted pursuant to ss. 15.03, 227.11 (2) (a) and 227.43, Stats. (2) APPLICATION. This chapter shall apply in all contested cases proceedings and hearings before the division of hearings and appeals under ch. 227,…

HA 1.02 Definitions. For purposes of this chapter: (1) XAdministrative law judgeY means an administrative hearing examiner employed by the division of hearings and appeals. (2) XAdministratorY means the administrator of the division of hearings and appeals. (3) XAgencyY means the…

HA 1.03 Service of documents. (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. (2) BY A PARTY. Materials filed by a party with the division may…

HA 1.04 Appeals. (1) FORM. Appeals shall be in writing and shall conform to the applicable statute as to form, content, number of signatories and verification. (2) CONTENT. Appeals shall contain the following information: (a) The name and address of the appellant; (b) a descripti…

HA 1.05 Notice of hearing. (1) FORM. The notice of hearing shall be in writing, with a title identifying the matter to be set for hearing and the docket number. (2) CONTENT. The notice of hearing shall contain the following information: (a) The date, time and location of the hear…

HA 1.06 Place of hearings. Unless otherwise specifically provided by law, all hearings shall be held at the offices of the division or at the location designated by the administrative law judge. Hearings may be conducted outside the offices of the division at the discretion of th…

HA 1.07 Changes in time or place of hearing; adjournments; failures to appear. (1) CHANGES. Requests for changes in the time and place of a scheduled hearing will be granted only for good cause. A request received after any required newspaper publication or legal notice will be r…

HA 1.08 Participation. Any person desiring to participate in a proceeding before the division, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance by giving his or her name and address, the name and address of any party being represen…

HA 1.09 Witnesses and subpoenas. An attorney may issue a subpoena to compel the attendance of witnesses under the procedure provided by s. 805.07, Stats. The division or the administrative law judge may also issue subpoenas to compel the attendance of witnesses at hearings or dis…

HA 1.10 Preservation of testimony, discovery and summary judgment. (1) PRESERVATION OF TESTIMONY AND DISCOVERY. The division or any party involved in a proceeding before the division may obtain discovery and preserve testimony as provided by ch. 227 and ch. 804, Stats. For good c…

HA 1.11 Conferences. (1) CALL AND PURPOSE. The administrative law judge may call a conference at any time prior to or during the course of a hearing, and may require the attendance of all persons who are or wish to be parties to the proceeding. At the discretion of the administra…

HA 1.12 Conduct of hearings. (1) PROCEDURE. The administrative law judge shall open the hearing and may make a concise statement of its scope and purposes. Appearances shall be entered on the record. Parties may make motions or opening statements. (2) OPENING STATEMENTS. When ope…

HA 1.13 Rules of evidence. (1) RULES. Rules of evidence in contested cases are governed by s. 227.45, Stats. (2) ADMISSIBILITY. Evidence submitted at the time of the hearing need not be limited to matters set forth in the appeal. If variances occur, the appeal shall be considered…

HA 1.14 Close of hearing. (1) CLOSING AND BRIEFS. A hearing in a contested case shall be closed upon completion of the submission of all evidence and expiration of the period fixed for filing of briefs. If the time for filing briefs has expired and the brief of one or more partie…

HA 1.15 Transcripts. (1) METHOD AND COPIES. Hearings shall be recorded either stenographically or electronically. A transcript will be made when it is determined that one is necessary by the division or the administrative law judge. If the division makes a transcript, copies shal…

HA 1.16 Briefs. (1) TIME SCHEDULE FOR FILING OF BRIEFS. Parties shall indicate on the record after the close of testimony at the hearing whether they desire to file briefs. The administrative law judge may establish a schedule for the filing of briefs. The party or parties having…

HA 1.17 Decision. (1) FORM. After the record is closed in each proceeding the administrative law judge shall prepare written findings of fact, conclusions of law and, except in the case of proceedings under s. 227.46 (3) (b), Stats., either a proposed or a final decision. The dec…

HA 1.18 Review. A final decision shall include a notice of any right of the parties to petition for rehearing and to request administrative or judicial review of adverse decisions. The notice shall also provide the time allowed for filing a petition for review and shall identify …

HA 2.01 Application of rules. (1) AUTHORITY. These rules are promulgated under the authority of s. 301.035 (5), Stats., and interpret ss. 302.11 (7), 302.113 (9) (am), 302.114 (9) (am), 938.357 (5), 973.09, 973.10, 973.155, 975.10 (2), Stats., and ch. 304, Stats. (2) SCOPE. This …

HA 2.02 Definitions. For purposes of this chapter: (1) XAdministrative law judgeY means an administrative hearing examiner employed by the division of hearings and appeals. (2) XAdministratorY means the administrator of the division of hearings and appeals. (3) XClientY means the…

HA 2.03 Service of documents. (1) BY THE DIVISION. The division may issue decisions, orders, notices and other documents by first class mail, inter-departmental mail, electronic mail or by facsimile transmission. (2) BY A PARTY. Unless specified otherwise by law or this chapter, …

HA 2.04 Witnesses and subpoenas. An attorney may issue a subpoena to compel the attendance of witnesses under the same procedure as provided by s. 805.07 (1), Stats. The secretary of the department of corrections, or any person authorized by the secretary to act in his or her ste…

HA 2.05 Revocation hearing. (1) NOTICE. Notice of a final revocation hearing shall be sent by the division within 5 days of receipt of a hearing request from the department to the offender, the offender[s attorney, if any, and the department[s representative. The notice shall inc…

HA 2.06 Good time forfeiture, reconfinement and reincarceration hearings. (1) APPLICABILITY. This section applies to good time forfeiture hearings, reconfinement and reincarceration hearings when the offender has waived his or her right to a final revocation hearing. (2) HEARING.…

HA 2.07 Transcripts. Hearings shall be recorded electronically. The division shall prepare a transcript of the testimony only at the request of a judge who has granted a petition for certiorari review of a revocation decision or upon prepayment of the cost of transcription of the…

HA 2.08 Harmless error. If any requirement of this chapter or ch. DOC 328 or 331 is not met, the administrative law judge or administrator may deem it harmless and disregard it if the error does not affect the client[s substantive rights. Substantive rights are affected when a va…

HA 3.01 Authority and purpose. (1) This chapter is adopted pursuant to ss. 15.03, 46.016, 49.45 (5) and (10), 227.11 (2) (a), and 227.43, Stats., and to conform with the requirements of 42 USC 8624(b)(13), Titles IV and XIX of the U.S. Social Security Act as amended and the Food …

HA 3.02 Definitions. In this chapter: (1) XAdministrative law judgeY means an administrative hearing examiner employed by the division of hearings and appeals. (2) XAgencyY means a county department of social services under s. 46.215 or 46.22, Stats., a county department of human…

HA 3.03 Right to appeal. (1) Any person applying for or receiving medicaid, food stamps, social services or public assistance may appeal any of the following administrative actions of the department or an agency: (a) Denial of an application for benefits or the overt denial of th…

HA 3.04 Notification of right to appeal. An agency or department shall in writing inform a person at the time the person applies for medicaid, food stamps, public assistance or social services, and at the time an agency takes an action listed under s. HA 3.03, of the person[s rig…

HA 3.05 Request for a hearing. (1) An applicant or recipient who wishes to contest an action specified under s. HA 3.03 may request a hearing. (2) A request for a hearing may be made by the applicant, recipient or former recipient, by an immediate family member, or someone with l…

HA 3.06 Hearing arrangements. (1) A hearing shall be held at a time reasonably convenient to the petitioner, department or agency staff and the administrative law judge, shall be easily accessible to the petitioner and, whenever possible, shall be held on department or agency pre…

HA 3.07 Witnesses and subpoenas. The division or the administrative law judge may issue a subpoena, under the same procedure and in the same form as provided by s. 805.07 (1), Stats., at a party[s request if it appears that the testimony will be relevant and reasonably necessary …

HA 3.08 Administrative law judge. (1) An administrative law judge may do all of the following: (a) Administer oaths and affirmations. (b) Rule on offers of proof, accept relevant evidence and exclude from the record evidence that is irrelevant or repetitious. (c) Dispose of proce…

HA 3.09 Hearing decision. (1) The tape recording of the hearing, the exhibits, papers and requests filed in the proceed- the chapter was last published. HA 3.09 WISCONSIN ADMINISTRATIVE CODE ing and matters of which the administrative law judge has taken official notice shall con…

HA 3.10 Rehearing and amendment of decision. (1) When requested by the petitioner or that person[s representative, the department or an agency or, upon its own motion, the division, may, within 30 days of the date of the decision, amend or vacate a decision for the purpose of cor…

HA 3.11 Costs motion. (1) A petitioner may file a motion for costs under s. 227.485, Stats., with the division and the department or agency within 30 days of service of the final decision if the petitioner was the prevailing party. The petitioner need not be represented by an att…

HA 3.12 Wisconsin works. (1) Upon receipt of a timely petition under s. 49.152, Stats., the division shall review the fact-finding decision of the Wisconsin works agency. (2) The division shall deny a petition or refuse to grant relief HA 3.12 if the Wisconsin works applicant or …

HA 4.01 Application of rules. (1) AUTHORITY. This chapter is promulgated under the authority of ss. 15.03, 102.15, 102.17 (1) (d) 3., and 227.11 (2) (b), Stats. (2) SCOPE AND APPLICATION. This chapter applies to the procedure of the division with respect to worker[s compensation …

HA 4.02 Definitions. In this chapter: (1) XAdministrative law judgeY means a hearing examiner employed by the office of worker[s compensation hearings to conduct hearings under s. 102.18 (2) (b) and (c), Stats. (2) XApplicantY means a party filing an application for relief. (3) X…

HA 4.03 Application of department rules. (1) Section DWD 80.025 applies to the procedure for inspection and copying of worker[s compensation records in the custody of the division. (2) (a) Except as provided in par. (b), the provisions of s. DWD 80.03 apply with respect to the di…

HA 4.04 Procedure on claim. (1) In cases of disputes in matters coming under the jurisdiction of ch. 102, Stats., or s. 40.65, 59.88 (3), 62.624 (2), 106.25, 303.07 (7), or 303.21, Stats., and s. 66.191, 1981 Stats., any party to the dispute may apply to the department for relief…

HA 4.05 Appearance by attorney or agent; license to appear. (1) Any party may appear before the division in person or by an attorney or agent. (2) The following rules shall govern the issuance, suspension, or revocation of licenses to appear before the division in compensation ma…

HA 4.06 Service and filing. (1) SERVICE. Service of materials, unless otherwise directed by the division or by law, may be made by mail and proof of mailing shall be prima facie proof of service. The time within which service shall be made shall be the same as in courts of record…

HA 4.07 Amendments. Amendment may be made to the application or answer by letter mailed to the division prior to the date the notice of hearing is mailed. Copies of the letter shall be sent directly to the other parties. The letter shall state reasons for the amendment. History: …

HA 4.08 Witness attendance; extension of time and postponement. (1) Upon receipt of the notice of hearing, it is the responsibility of each party to contact any witnesses necessary for that party[s case and to make arrangements to have them attend the hearing. (2) Requests for po…