301.035 Division of hearings and appeals; administrator’s general duties. The administrator of the division of hearings and appeals in the department of administration shall: (1) Serve as the appointing authority of the employees of the division under s. 230.06. (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304. (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304. (5) After consultation with the department of corrections, promulgate rules relating to the exercise of the administrator’s and the division’s powers and duties. History: 1989 a. 31, 107; 1995 a. 77; 2001 a. 109. Cross-reference: See also ch. HA 2, Wis. adm. code.
301.04 sued.
Legal actions.
The department may sue and be
History: 1989 a. 31. The Department of Corrections (DOC) is entitled to sovereign immunity. DOC lacks sufficient attributes to render it an independent going concern. Despite the breadth of its statutory powers, the character of those powers reveals that the legislature did not intend DOC to be anything other than an arm of the state. The legislature has not expressly waived DOC’s sovereign immunity. This section is not an express waiver of DOC’s tort immunity but rather addresses DOC’s capacity to be sued. Mayhugh v. State, 2015 WI 77, 364 Wis. 2d 208, 867 N.W.2d 754, 13-1023.