Wis. Admin. Code HA — Department of Administration-Division of Hearings and Appeals

Chapter HA 1 PROCEDURE AND PRACTICE FOR CONTESTED CASES

Wis. Admin. Code § HA 1.01 Application of this chapter {#sec-ha-1.01 omnilex-key=us-wi-regs-official--agency-ha--HA 1.01}

(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, Stats., except as specifically provided otherwise. In addition, these rules shall apply if authorized under the terms of any contract the division enters into under s. 227.43 (1m), Stats. Agencies for which the division conducts proceedings, including, but not limited to the departments of natural resources, health services, children and families, employee trust funds and justice, may have specific administrative code provisions or administrative decisions that govern the conduct of those proceedings. In the event of a conflict between this chapter and an agency administrative code provision or administrative decision, the agency administrative code provision or administrative decision is controlling.

(3) Exclusions. This chapter does not apply to corrections hearings conducted pursuant to ch. HA 2, fair hearings conducted pursuant to ch. HA 3, or hearings conducted pursuant to s. 115.80, Stats.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register June 2023 No. 810.

Wis. Admin. Code § HA 1.02 Definitions {#sec-ha-1.02 omnilex-key=us-wi-regs-official--agency-ha--HA 1.02}

For purposes of this chapter:

(1) “Administrative law judge” means an administrative hearing examiner employed by the division of hearings and appeals.

(2) “Administrator” means the administrator of the division of hearings and appeals.

(3) “Agency” means the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.

(4) “Appeal” means a pleading, petition or application made by an appellant.

(5) “Appellant” means an applicant, complainant or petitioner.

(6) “Division” means the division of hearings and appeals.

(7) “Official of the agency” means the head of an agency.

(8) “Party” means a person or agency named or admitted as a party in a contested case.

(9) “Preponderance of the evidence” means the greater weight of the credible evidence.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.03 Service of documents {#sec-ha-1.03 omnilex-key=us-wi-regs-official--agency-ha--HA 1.03}

(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 be served personally or by first class, certified or registered mail, inter-departmental mail or by facsimile transmission. All correspondence, papers or other materials filed by a party shall be served on the same date by that party on all other parties to the proceeding. Service is complete upon mailing. No affidavit of mailing, certification, or admission of service need be filed with the division.

(3) Filing date.

(a) Materials mailed to the division shall be considered filed with the division on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date they are received by the division.

(b) For materials transmitted to the division by facsimile, the date and time imprinted by the division’s facsimile machine on the transaction report that accompanies the document shall determine the date and time of filing or of service on the division or the administrative law judge. Documents received after midnight local time shall be deemed filed on the first following business day.

Note: The mailing address of the division is:

5005 University Avenue

Suite 201

Madison, Wisconsin 53705-5400

The facsimile transmission number of the division is:

(608) 264-9885

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.04 Appeals {#sec-ha-1.04 omnilex-key=us-wi-regs-official--agency-ha--HA 1.04}

(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 description of the action that is being contested, the effective date of the action and, if possible, a copy of the document that prompted the action;

(d) what type of relief the appellant is seeking;

(e) the name and address of any person who may be expected to appear on behalf of the appellant;

(f) a request for hearing.

(3) Filing and service. All appeals shall be filed within the time specified by statute or administrative code or, where no time is specified, within 30 days of the date of the order or decision to be reviewed. Appeals shall be filed and served in accordance with s. HA 1.03.

(4) Additional information. The division may request additional information concerning an appeal filed under this section and may deny any such petition, complaint or request where the information required or requested is not timely provided.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.05 Notice of hearing {#sec-ha-1.05 omnilex-key=us-wi-regs-official--agency-ha--HA 1.05}

(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 hearing;

(b) The statutory authority for the hearing;

(d) The class of the contested case in accordance with s. 227.01 (3), Stats.;

(e) Other information as the division or the administrative law judge deems appropriate.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.06 Place of hearings {#sec-ha-1.06 omnilex-key=us-wi-regs-official--agency-ha--HA 1.06}

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 the administrative law judge. Within the discretion of the administrative law judge, prehearing and other conferences may be conducted by telephone and witness testimony at hearing may be allowed to be by telephone, if necessary and desirable.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.07 Changes in time or place of hearing; adjournments; failures to appear {#sec-ha-1.07 omnilex-key=us-wi-regs-official--agency-ha--HA 1.07}

(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 rescheduled only if the person requesting the change bears the cost of such change and the administrative law judge deems such change appropriate under the circumstances presented.

(2) Adjournment. The administrative law judge may adjourn a hearing for good cause and the hearing shall be reset or reconvened at his or her discretion.

(3) Failure to appear.

(a) If an appellant fails to appear at a hearing following due notice, the administrative law judge may dismiss the appeal unless the appellant shows good cause for the failure to appear. If an appellant fails to submit proof of publication and notice as required by statute, the administrative law judge may dismiss the appeal and cancel the hearing.

(b) If a respondent fails to appear, the administrative law judge may take testimony and issue, modify or rescind an order or take the allegations in an appeal as true as may be appropriate, unless good cause is shown for the failure to appear.

(c) For a telephone or video hearing or prehearing, the administrative law judge may find a failure to appear grounds for default if any of the following conditions exist for more than ten minutes after the scheduled time for hearing or prehearing conference: (1) The failure to provide a telephone number to the division after it had been requested; (2) the failure to answer the telephone or videoconference line; (3) the failure to free the line for the proceeding; (4) the failure to be ready to proceed with the hearing or prehearing conference as scheduled.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.08 Participation {#sec-ha-1.08 omnilex-key=us-wi-regs-official--agency-ha--HA 1.08}

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 represented, and the capacity in which he or she is representing such party. A person may enter his or her appearance either prior to or at the commencement of a contested case hearing unless otherwise directed in the notice of hearing.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.09 Witnesses and subpoenas {#sec-ha-1.09 omnilex-key=us-wi-regs-official--agency-ha--HA 1.09}

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 discovery proceedings under this section. An attorney may issue a subpoena requiring the production of material if he or she specifies the material to be presented by the subpoenaed witness. Sections 814.67, 885.06 and 885.07, Stats., shall govern the payment of witness fees and expenses.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.10 Preservation of testimony, discovery and summary judgment {#sec-ha-1.10 omnilex-key=us-wi-regs-official--agency-ha--HA 1.10}

(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 cause, the administrative law judge may allow a shorter or longer time for discovery or preserving testimony than is allowed by ch. 804, Stats. For good cause, the administrative law judge may issue orders to protect persons or parties from annoyance, embarrassment, oppression or undue burden, as provided in s. 804.01 (3), Stats., or to compel discovery and for sanctions as provided in s. 804.12, Stats.

(2) Summary judgment. The summary judgment procedure as provided in s. 802.08, Stats., shall be available to the parties upon approval by the division or the administrative law judge.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.11 Conferences {#sec-ha-1.11 omnilex-key=us-wi-regs-official--agency-ha--HA 1.11}

(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 administrative law judge, a conference may be conducted by telephone. The purposes of such conferences shall be to consider the following matters:

(a) The clarification of issues;

(b) any amendments to the pleadings;

(d) the possibility of obtaining admissions or stipulations of fact and of documents that will avoid unnecessary proof;

(e) the limitation of the number of witnesses;

(f) the identification of all parties to the proceeding;

(g) other matters as may aid in the disposition of the matter.

(2) Recording stipulations. The administrative law judge may record any stipulations or other agreements made at a conference. Stipulation or other agreements made at a conference shall bind the parties in the subsequent course of the proceeding.

(3) Decision on briefs. If a prehearing conference is held and the parties agree that there is no material dispute of fact raised by the pleadings, the administrative law judge may cancel the hearing and may decide the matter on the basis of briefs or stipulations submitted by the parties.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.12 Conduct of hearings {#sec-ha-1.12 omnilex-key=us-wi-regs-official--agency-ha--HA 1.12}

(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 opening statements are made they shall be confined to:

(a) Clear and concise summary of the evidence intended to be offered; and

(b) A statement of ultimate legal points relied upon.

(3) Order of proceedings.

(a) In proceedings where an agency has issued an order or proposed order and the order recipient requests a hearing on the matter, the agency shall proceed first with the presentation of evidence and shall bear the burden of proof.

(b) In any proceeding other than a proceeding under par. (a), the administrative law judge will apply normal rules of procedure used in the courts in determining the appropriate order of presentation of a case and on whom the burden of proof should fall.

(4) Off record. Proceedings may be conducted off the record only when the administrative law judge permits. If a discussion off the record is deemed pertinent by the administrative law judge, he or she may summarize it on the record.

(5) Objections to evidence. Any argument before the administrative law judge on objections to receipt of evidence or on motions to strike will be recorded. The parties will be afforded the opportunity to make an offer of proof, which shall be in the form directed by the administrative law judge.

(6) Contempt. Conduct that unreasonably impedes the orderly progress of the hearing or contemptuous conduct at a hearing shall be grounds for exclusion from the hearing. The division or the administrative law judge may take other actions that are authorized by statute and are appropriate under the circumstances.

(7) Sequestration of witnesses. At the request of a party, or on the administrative law judge’s own motion, the administrative law judge may order witnesses sequestered in accordance with s. 906.15, Stats.

(8) Telephone and audiovisual testimony. The administrative law judge may permit oral argument and oral testimony communicated on the record by telephone or live audiovisual means as provided in s. 807.13, Stats.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.13 Rules of evidence {#sec-ha-1.13 omnilex-key=us-wi-regs-official--agency-ha--HA 1.13}

(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 amended by the record. The administrative law judge may grant such continuances as may be necessary to give other parties adequate time to prepare evidence to rebut that involved in any variances.

(3) Technical data. When evidence to be presented consists of data so complex as to make oral presentation difficult to follow, or if information can be more effectively presented visually, the data may be presented in exhibit form and supplemented and explained by oral testimony.

(4) Petitions. Petitions or other written communications not admissible as evidence may be filed with the administrative law judge but may not be part of the record.

(5) Exhibits and prepared testimony.

(a) The administrative law judge may order parties offering documentary exhibits or prepared testimony to furnish copies to all other parties in advance of the hearing and to provide a reasonable amount of time as the administrative law judge may order to enable review of the prepared testimony and exhibits. Upon compliance with such order, prepared testimony may be admitted in evidence as though given orally, providing the authors are present and available for cross-examination.

(b) An administrative law judge at his or her discretion may exclude from the record exhibits offered into evidence that are bulky, dangerous, perishable, or otherwise not suitable for inclusion in agency records. Proponents shall make reasonable efforts to use photographs, recordings, or other mechanical or electronic means to substitute for physical evidence excluded by the administrative law judge.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.14 Close of hearing {#sec-ha-1.14 omnilex-key=us-wi-regs-official--agency-ha--HA 1.14}

(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 parties is not filed within such time, the administrative law judge may proceed to the determination of the case. The administrative law judge may grant an extension of time to file briefs upon a showing of good cause.

(2) Additional evidence. If evidence is permitted to be submitted after the close of testimony, the record will be closed when the evidence is received by the division or when the specified time for furnishing it has elapsed without its being furnished. The administrative law judge may, upon the request of a party, extend the time originally prescribed for filing such additional evidence.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.15 Transcripts {#sec-ha-1.15 omnilex-key=us-wi-regs-official--agency-ha--HA 1.15}

(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 shall be furnished to all persons upon request and prepayment of a reasonable fee, as determined by the division. If no transcript is deemed necessary by the division and a party requests that one be prepared, that party shall be responsible for costs of transcript preparation. If several parties request transcripts, the division may divide the costs of transcription equally among the parties. In lieu of a transcript the division may provide any person requesting a transcript with a copy of the tape recording or an electronic reproduction of the hearing upon payment of a reasonable fee. All requests for transcription shall be made at the hearing or in writing and sent to the administrative law judge who presided at the hearing.

(2) Financial need. Any person who, by affidavit or other appropriate means, can establish to the satisfaction of the division that the person is indigent and has a legal need may be provided with a copy of a transcript without charge.

(3) Corrections. Any party within 14 days of the date of mailing of the transcript, may file with the administrative law judge a notice in writing of any claimed error and shall mail a copy of such notice to each party of record. Other parties may contest any claimed error within 20 days of the date of the mailing of the transcript by notifying the administrative law judge and other parties of record. All parties shall be advised by the administrative law judge of any corrections to the record approved by the administrative law judge.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.16 Briefs {#sec-ha-1.16 omnilex-key=us-wi-regs-official--agency-ha--HA 1.16}

(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 the burden of proof shall file the first brief. Other parties may subsequently file response briefs, which may be replied to. Alternatively, the administrative law judge may direct that the briefs of all parties be filed simultaneously.

(2) Number. One copy of each brief should be filed with the division together with a statement showing upon whom copies have been served. Briefs which contain a summary of evidence or facts relied upon should include, where possible, reference to specific pages of the record containing the evidence or facts.

(3) Effect of early filing. The filing of briefs in less time than allowed shall not change the due dates for the remaining briefs.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.17 Decision {#sec-ha-1.17 omnilex-key=us-wi-regs-official--agency-ha--HA 1.17}

(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 decision shall be in accordance with the provisions of ss. 227.46 and 227.47, Stats.

(2) Burden of proof. Unless the law provides for a different standard, the quantum of evidence for a hearing decision shall be by the preponderance of the evidence.

(3) Comments on proposed decisions. Where a proposed decision is prepared and circulated, comments shall be filed within 15 days of service of the decision unless the administrative law judge or the administrator specifies a different period. An interim decision may be issued as a proposed decision.

(4) Effect of decision. Except as provided in s. 227.43 (1) (bg), Stats., an agency may, by administrative code provision or by order in a particular case or category of cases, direct that a decision of the division is to be issued as a final decision, in which case the decision is a final decision of the agency. If the agency does not direct that the decision in a case or category of cases is to be issued as a final decision, the administrative law judge shall issue a proposed decision to the official of the agency.

(5) Parties. The administrative law judge shall prepare a list of persons who are parties to the proceeding and include the list in the decision. For purposes of identifying parties to the proceeding under s. 227.47, Stats., and this section, the administrative law judge shall consider the following criteria:

(a) The nature of the agency proceeding;

(b) the persons on whom the decision will have an effect and the amount of the impact;

(c) the nature of the participation by those involved in the proceeding, including attendance at hearings, cross-examination of witnesses, and submission of briefs.

(6) Service. Every decision shall be served, on the date of its signature, upon each party to the proceeding or upon the party’s attorney of record.

(7) Activities after decision. Person identified as parties shall be served with post hearing motions, correspondence and other documents submitted by any party after issuance of the decision and directly relating to the case. These persons shall also be served with petitions for rehearing and reopening as well as with petitions for administrative and judicial review.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Wis. Admin. Code § HA 1.18 Review {#sec-ha-1.18 omnilex-key=us-wi-regs-official--agency-ha--HA 1.18}

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 the party to be named as respondent in such an action.

History

CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.

Chapter HA 2 PROCEDURE AND PRACTICE FOR CORRECTIONS HEARINGS

Wis. Admin. Code § HA 2.01 Application of rules {#sec-ha-2.01 omnilex-key=us-wi-regs-official--agency-ha--HA 2.01}

(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 chapter applies to corrections hearings under ss. 302.11 (7), 973.10, 975.10 (2) and ch. 304, Stats. The procedural rules of general application contained in this chapter also apply to youth aftercare revocation proceedings in any situation not specifically dealt with in ch. DOC 393.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527; CR 01-018: am. Register September 2001 No. 549, eff. 10-1-01; corrections in (1) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653.

Wis. Admin. Code § HA 2.02 Definitions {#sec-ha-2.02 omnilex-key=us-wi-regs-official--agency-ha--HA 2.02}

For purposes of this chapter:

(1) “Administrative law judge” means an administrative hearing examiner employed by the division of hearings and appeals.

(2) “Administrator” means the administrator of the division of hearings and appeals.

(3) “Client” means the person who is committed to the custody of the department of corrections and is the subject of the corrections hearing.

(4) “Conditions” means specific regulations imposed on the client by the court or department.

(5) “Day” means any working day, Monday through Friday, excluding legal holidays, except as specifically provided otherwise in s. HA 2.05 (4) (a).

(6) “Department” means the department of corrections.

(7) “Division” means the division of hearings and appeals.

Division of Hearings and Appeals Note (CR 09-101): “Offender” as used in this chapter was intended to have the same meaning as “client”. A definition of “offender” will be created by future rule making.

(8) “Revocation” means the removal of a client from probation, parole, extended supervision or youth aftercare supervision.

(9) “Rules” means those written department regulations applicable to a specific client under supervision.

(10) “Supervision” means the control and supervision of clients exercised by the department of corrections.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 01-018: am. (8), Register September 2001 No. 549, eff. 10-1-01.

Wis. Admin. Code § HA 2.03 Service of documents {#sec-ha-2.03 omnilex-key=us-wi-regs-official--agency-ha--HA 2.03}

(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, materials filed by a party with the division may be delivered personally or by first class, certified or registered mail, inter-departmental mail, electronic mail or by facsimile transmission. All correspondence, papers or other materials submitted by a party shall be provided on the same date by that party to all other parties to the proceeding. No affidavit of mailing, certification, or admission of service need be filed with the division.

(3) Filing date. Materials mailed to the division shall be considered filed with the division on the date of the postmark. Materials submitted personally or by inter-departmental mail or electronic mail shall be considered filed on the date they are received by the division. Materials transmitted by facsimile shall be considered filed on the date they are received by the division as recorded on the division facsimile machine.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 09-101: am. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § HA 2.04 Witnesses and subpoenas {#sec-ha-2.04 omnilex-key=us-wi-regs-official--agency-ha--HA 2.04}

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 stead, may issue a subpoena to require the attendance of witnesses, on behalf of the department of corrections, in any community supervision revocation proceeding as provided by s. 301.045, Stats. If a person on community supervision is not represented by an attorney, the division or the administrative law judge may issue subpoenas as provided in ch. 885, Stats.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 09-101: am. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § HA 2.05 Revocation hearing {#sec-ha-2.05 omnilex-key=us-wi-regs-official--agency-ha--HA 2.05}

(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 include:

(a) The date, time, and place of the hearing;

(b) The conduct that the client is alleged to have committed and the rule or condition that the offender is alleged to have violated;

(d) Unless otherwise confidential or disclosure would threaten the safety of a witness or another, a list of the potential evidence and potential witnesses to be considered at the hearing which may include any of the following:

Any documents.
Any physical or chemical evidence.
Results of a breathalyzer test.
Any statements by the offender.
Police reports regarding the allegation.
Warrants issued.
Photographs.
Witness statements.

(e) A statement that whatever information or evidence is in the possession of the department is available from the department for inspection unless otherwise confidential;

(f) In parole revocation cases:

The department’s recommendation for forfeiture of good time and any sentence credit in accordance with s. 973.155, Stats.; or
The department’s recommendation for a period of reincarceration and any sentence credit in accordance with statutes.

(g) In extended supervision cases under s. 302.113 (9) (am), Stats., the department’s recommended period of reconfinement.

(h) In extended supervision cases under s. 302.114 (9) (am), Stats., for persons serving a life sentence, the department’s recommended period of time for which the person shall be reconfined before being released again to extended supervision.

(2) Amendments. Any notice information required under s. HA 2.05 (1) may be amended and additional allegations may be added by the department if the client and the attorney, if any, are given written notice of the amendment at least 5 days prior to the hearing and the amendment does not materially prejudice the client’s right to a fair hearing.

(3) Offender’s rights. The offender’s rights at the hearing include any of the following:

(a) The right to attend the hearing in person or by electronic means.

(b) The right to deny the allegation.

(d) The right to present documentary evidence.

(e) The right to question witnesses.

(f) The right to the assistance of counsel.

(g) The right to waive the hearing.

(h) The right to receive a written decision stating the reasons for it based upon the evidence presented.

(4) Time.

(a) If a client is detained in a county jail or other county facility pending disposition of the hearing, the division shall begin a hearing within 50 calendar days after the person is detained by the department in the county jail or county facility. If not so detained, the hearing shall begin within a reasonable time from the date the hearing request is received.

(b) A hearing may be rescheduled or adjourned for good cause taking into consideration the following factors:

The timeliness of the request;
The reason for the change;
Whether the client is detained;
Where the client is detained;
Why the client is detained;
How long the client has been detained;
Whether any party objects;
The length of any resulting delay;
The convenience or inconvenience to the parties, witnesses and the division; and
Whether the client and the client’s attorney, if any, have had adequate notice and time to prepare for the hearing.

(5) Protection of a witness.

(a) The identity of a witness may be withheld from the client if disclosure of the identity would threaten the safety of the witness or another.

(b) Testimony of a witness may be taken outside the presence of the client when there is substantial likelihood that the witness will suffer significant psychological or emotional trauma if the witness testifies in the presence of the client or when there is substantial likelihood that the witness will not be able to give effective, truthful testimony in the presence of the client at hearing. The administrative law judge shall indicate in the record that such testimony has been taken and the reasons for it and must give the client an opportunity to submit questions to be asked of the witness.

(c) The hearing examiner [administrative law judge] shall give the client and the client’s attorney an opportunity on the record to oppose protection of a witness before any such action is taken.

(6) Procedure.

(a) The hearing may be closed to the public and shall be conducted in accordance with this chapter. The administrative law judge may conduct the hearing by video conference. The hearing may also be conducted by telephone conference if all parties agree. If all parties do not agree to conduct a hearing by telephone conference, the administrative law judge may conduct the hearing by telephone conference if there is no factual dispute regarding the violations alleged by the department or when the administrative law judge determines that good cause exists to conduct the hearing by telephone conference. All witnesses for and against the offender, including the offender, shall have a chance to speak and respond to questions.

(b) The administrative law judge shall weigh the credibility of the witnesses.

(c) Evidence to support or rebut the allegation may be offered. Evidence gathered by means not consistent with ch. DOC 328 or in violation of the law may be admitted as evidence at the hearing.

(d) The administrative law judge may accept hearsay evidence.

(e) The rules of evidence other than ch. 905, Stats., with respect to privileges do not apply except that unduly repetitious or irrelevant questions may be excluded.

(f) The department has the burden of proof to establish, by a preponderance of the evidence, that the client violated the rules or conditions of supervision. A violation is proven by a judgment of conviction arising from conduct underlying an allegation.

(g) The administrative law judge may take an active role to elicit facts not raised by the client or the client’s attorney, if any, or the department’s representative.

(h) Alternatives to revocation and any alibi defense offered by the client or the client’s attorney, if any, shall be considered only if the administrative law judge and the department’s representative have received notice of them at least 5 days before the hearing, unless the administrative law judge allows a shorter notice for cause.

(i) The administrative law judge may issue any necessary recommendation to give the department’s representative and the client reasonable opportunity to present a full and fair record.

(7) Decision.

(a) The administrative law judge shall consider only the evidence presented in making the decision.

(b) The administrative law judge shall:

Decide whether the client committed the conduct underlying the alleged violation;
Decide, if the client committed the conduct, whether the conduct constitutes a violation of the rules or conditions of supervision;
Decide, if the client violated the rules or conditions of supervision, whether revocation should result or whether there are appropriate alternatives to revocation. Violation of a rule or condition is both a necessary and a sufficient ground for revocation of supervision. Revocation may not be the disposition, however, unless the administrative law judge finds on the basis of the original offense and the intervening conduct of the client that:

a. Confinement is necessary to protect the public from further criminal activity by the client; or

b. The client is in need of correctional treatment which can most effectively be provided if confined; or

c. It would unduly depreciate the seriousness of the violation if supervision were not revoked.

Decide, if the client violated the rules or conditions of supervision, whether or not the department should toll all or any part of the period of time between the date of the violation and the date an order is entered, subject to credit according to s. 973.155, Stats.
Decide, if supervision is revoked, whether the client is entitled to any sentence credits under s. 973.155, Stats.

(c) If the administrative law judge finds that the client did not violate the rules or conditions of supervision, revocation shall not result and the client shall continue with supervision under the established rules and conditions.

(d) The administrative law judge shall issue a written decision based upon the evidence with findings of fact and conclusions of law stating the reasons to revoke or not revoke the client’s supervision. The administrative law judge may, but is not required to, announce the decision at the hearing.

(e) If an administrative law judge decides to revoke the offender’s parole, the decision shall apply the criteria established in s. HA 2.06 (6) (b) and shall include a determination of:

Good time forfeited, if any, under ch. 302, Stats., and, for mandatory release parolees, whether the offender may earn additional good time; or
The period of reincarceration, if any, under ch. 302, Stats.

(f) If an administrative law judge decides to revoke a period of extended supervision under s. 302.113 (9) (am), Stats., the administrative law judge shall include a determination of the period of reconfinement taking into consideration the following criteria:

The nature and severity of the original offense;
The offender’s institutional conduct record;
The offender’s conduct and behavior while on community supervision;
The amount of reconfinement that is necessary to protect the public from the risk of further criminal activity, to prevent the undue depreciation of the seriousness of the violation or to provide confined correctional treatment.

(g) If an administrative law judge decides to revoke a period of extended supervision for a person serving a life sentence under s. 302.114 (9) (am), Stats., the decision shall consider the criteria established in s. HA 2.05 (7) (f), and shall include a determination of the period of time for which the person shall be incarcerated before being eligible for release to extended supervision.

(h) The administrative law judge’s decision shall be written and forwarded within 10 days after the hearing to the client, the client’s attorney, if any, and the department’s representative. An extension of 5 days is permitted if there is cause for the extension and the administrative law judge notifies the parties of the reasons for it.

(i) The administrative law judge’s decision shall take effect and be final 10 days after the date it is issued unless the client or the client’s attorney, if any, or the department’s representative files an appeal under sub. (8).

(8) Appeal.

(a) The client, the client’s attorney, if any, or the department representative may appeal the administrative law judge’s decision by filing a written appeal with arguments and supporting materials, if any, with the administrator within 10 days of the date of the administrative law judge’s written decision.

(b) The appellant shall submit a copy of the appeal to the other party who has 7 days to respond. An appeal may be dismissed if the other party does not receive a timely copy of the appeal.

(9) Administrator’s decision.

(a) The administrator may modify, sustain, reverse, or remand the administrative law judge’s decision based upon the evidence presented at the hearing and the materials submitted for review.

(b) The administrator shall forward a written appeal decision to the client, the client’s attorney, if any, and the department’s representative within 21 days after receipt of the appeal, unless the time is extended by the administrator.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. (8) (a), Register, August, 1995, No. 476, eff. 9-1-95; CR 01-018: cr. (1) (g) and (h) and (7) (f) and (g), am. (7) (d), renum. (7) (f) and (g) to be (7) (h) and (i), Register September 2001 No. 549, eff. 10-1-01; CR 09-101: am. (1) (intro.), (b), (d) (intro.), 1. to 7., (f) 1., 2., (g), (h), (3) (intro.) to (h), (6) (a), (7) (e), (f), (h), (8) (b), cr. (1) (d) 8., r. (3) (i) Register May 2010 No. 653, eff. 6-1-10; correction in (7) (g) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; correction in (1) (h) made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.

Wis. Admin. Code § HA 2.06 Good time forfeiture, reconfinement and reincarceration hearings {#sec-ha-2.06 omnilex-key=us-wi-regs-official--agency-ha--HA 2.06}

(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. Following receipt of a request from the department for a good time forfeiture, reconfinement or reincarceration hearing, the division shall conduct a hearing at the offender’s assigned correctional institution. The administrative law judge may conduct the hearing in person or by telephone or video conference to determine the amount of good time to be forfeited or the period of reincarceration or reconfinement. In the case of good time forfeitures for mandatory release parolees, the division shall also determine whether or not good time may be earned on the forfeited good time.

(3) Notice.

(a) Notice of the hearing shall be sent to the offender, the offender’s agent and the correctional institution.

(b) The notice shall include:

The date, time, place of the hearing and the amount of time available for forfeiture, reconfinement or reincarceration, and;
A statement of the offender’s rights as established under sub. (4).

(4) Offender’s rights. The offender has the following rights at the hearing:

(a) To be present at the hearing in person or by telephone or video conference;

(b) To speak and respond to questions from the administrative law judge, and;

(5) Procedure.

(a) The hearing shall be closed to the public and may be conducted by video conference. The hearing may also be conducted by telephone conference.

(b) The administrative law judge shall read aloud the department’s recommendation and may admit into evidence the offender’s institutional conduct record, any documents submitted by the department and any written, oral or documentary evidence presented by the offender.

(6) Decision.

(a) The administrative law judge shall consider only the evidence presented at the hearing in making the decision.

(b) The following criteria shall be considered by the administrative law judge in determining the amount of good time forfeited or the period of reincarceration:

The nature and severity of the original offense;
The client’s institutional conduct record;
The client’s conduct and behavior while on parole;
The amount of good time forfeiture or the period of reincarceration that is necessary to protect the public from the risk of further criminal activity, to prevent the undue depreciation of the seriousness of the violation or to provide confined correctional treatment.

Whether good time should be forfeited, the amount of such forfeiture and, for mandatory release parolees, whether or not good time may be earned on the amount forfeited, or;
In the case of reincarceration hearings, the period of reincarceration.
In either case, sentence credit in accordance with s. 973.155 (1), Stats.

(d) The administrative law judge’s decision shall be written and forwarded within 10 days after the closing of the record to the offender, the department’s representative and the correctional institution.

(e) The administrative law judge’s decision shall take effect and be final 10 days after the date it is issued unless the client or the department files an appeal under sub. (7).

(7) Appeal. The offender or the department may appeal the administrative law judge’s decision by filing a written appeal with arguments and supporting materials, if any, with the administrator within 10 days of the date of the administrative law judge’s written decision. The appellant shall submit a copy of the appeal to the other party who has 7 days to respond.

(8) Administrator’s decision.

(a) The administrator may modify, sustain, reverse, or remand the administrative law judge’s decision based upon the evidence presented at the hearing and the materials submitted for review.

(b) The administrator shall forward a written appeal decision to the client and the department’s representative within 21 days after receipt of the appeal, unless the time is extended by the administrator.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 09-101: am. (title), (1), (2), (3) (a), (b) 1., 2., (4) (intro.), (a), (5), (6) (c) 1., 2., (d), (7) Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § HA 2.07 Transcripts {#sec-ha-2.07 omnilex-key=us-wi-regs-official--agency-ha--HA 2.07}

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 record. The amount charged for each page of transcribed material shall be determined by the administrator and will be published in the public notice for access to records displayed at all division offices and on the internet at http://dha.state.wi.us/home/RecordsPolicy.htm. Any party may also record the hearing at his or her own expense.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. Register, August, 1995, No. 476, eff. 9-1-95; CR 09-101: am. Register May 2010 No. 653, eff. 6-1-10.

Wis. Admin. Code § HA 2.08 Harmless error {#sec-ha-2.08 omnilex-key=us-wi-regs-official--agency-ha--HA 2.08}

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 variance tends to prejudice a fair proceeding or disposition.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92.

Chapter HA 2 Appendix APPENDIX

Wis. Admin. Code § Chapter HA 2 APPENDIX {#sec-chapter-ha-2 omnilex-key=us-wi-regs-official--agency-ha--Chapter HA 2}

1989 Wis. Act 107 transferred responsibility for corrections related hearings from the department of health and social services to the division of hearings and appeals on January 1, 1990. These rules fulfill the legislative mandate of 1989 Wis. Act 107 and recreate procedural rules to govern corrections hearings. They replace ss. HSS 31.05, 31.13 (4) and 31.14 (4),Wis. Adm. Code. Although these rules are largely taken from the HSS rules, some revisions are made and some new provisions are created to address subjects not covered by the previous rules. Unless otherwise noted, the changes are intended to simplify and clarify the rules and are not meant to change the original intent. The remaining portions of ch. HSS 31 dealing with substantive probation and parole issues have been separately promulgated by the department of corrections in ch. DOC 331.

Note: HA 2.01 APPLICATION OF RULES. Section 227.03 (4), Stats., provides that the contested case provisions of ch. 227 do not apply to proceedings involving the revocation of parole or probation. Accordingly, it is intended that the provisions of ch. HA 1 not apply in corrections proceedings.

Note: HA 2.02 DEFINITIONS. The definitions come from ch. DOC 328. The definition of has been clarified to mean actual working days in conformity with practice and its usage in s. HSS 31.05. The term is new.

Note: HA 2.03 SERVICE OF DOCUMENTS. This section is new and will permit the parties to file documents by regular first class mail, inter-departmental mail and by facsimile transmission in addition to the more formal methods of personal service, registered or certified mail. The changes are intended to reduce administrative costs associated with the hearing process and to give the parties the convenience of filing documents by facsimile transmission. The mailing address of the division is: 5005University Ave., Suite 201, Madison, WI 53705-5400. The facsimile transmission number of the division is: (608) 267-2744.

Note: HA 2.04 WITNESSES AND SUBPOENAS. These rules will allow attorneys to issue subpoenas under the same procedure as provided by s. 805.07 (1), Stats. Although the division reserves the right to issue subpoenas directly, the attorneys are in a better position to issue the necessary subpoenas and the division’s responsibility should be limited to cases where a party is not represented by an attorney or where the division is asked to modify or cancel a subpoena.

Note: HA 2.05 REVOCATION HEARINGS. This section replaces s. HSS 31.05 which was developed in 1981 from the broad outlines of the revocation process drawn by the U.S. Supreme Court in Morrissey v . Brewer, 411U.S. 778 (1973). Like the prior rules, these rules reflect an attempt to provide a fair hearing procedure that is also efficient and speedy.

Subsection (1) is patterned after s. HSS 31.05 (1) and requires the notice of hearing to be issued within 5 working days of receipt of the hearing request. Subsection (1) (b) has been revised to clarify that the notice must contain a statement of the alleged violation in addition to the rule or condition violated. Subsection (1) (d) reflects actual practice and clarifies that only a listing of evidence and witnesses is required. It also allows the department to withhold disclosure of such information if it is confidential or if disclosure would threaten the safety of a witness or another. Subsection(1) (e) clarifies that prehearing disclosure of evidence should come from the department rather than from the division. The former provision which required identification of unavailable witnesses in the notice has been eliminated because: such information is rarely, if ever, known to the department at the time the notice is issued; these issues can be better addressed at the hearing, and; witnesses are otherwise identified under sub. (1) (d).

State ex rel. Flowers v. DHSS, 81 Wis. 2d 376 (1978).

Subsection (3) is taken from s. HSS 31.05 (1) (h).

Subsection (4) replaces s. HSS 31.05 (3) and recognizes the requirement that hearings for persons confined in a county facility must begin within 50 calendar days of detention as mandated by s. 302.335, Stats. Subsection (4) (b) replaces the former rule of s. HSS 31.05 (3)(b), incorporates factors necessary to determine compliance with s. 302.335,Stats., and incorporates postponement criteria used by courts as summarized in rule is unworkable because many valid reasons for postponements arise more than 5days after the notice is issued. The division does not interpret s. 302.335,Stats., or s. HA 2.05 (4) as a jurisdictional time limit.

Subsection (5) replaces s. HSS 31.05 (4) and creates new special protective procedures for witnesses in light of the decision in 150 Wis. 2d 374 (1989). Although the confrontation rights applicable in a revocation hearing are not the same as those in a criminal proceeding,the standards and criteria for special protective procedures described in are informative and have provided the basis for these revised procedures. This section is broader than Thomas, however, in that it applies to all witnesses whenever the requisite need is established. This subsection is intended to permit use of protective procedures such as a screen, one-way mirror, televised or video taped testimony and, if necessary, exclusion of a client from the hearing room when such action is necessary to protect a witness from the substantial likelihood of significant psychological or emotional trauma or to enable a witness to give effective, truthful testimony at the hearing.

Subsection (6) presents a description of what is to occur at the hearing. The provision that the hearings are not open to the public reflects the historical fact that the hearings most often occur in a jail or other secure detention facility and the belief that such hearings are not a as those terms are used in s. 19.82, Stats. The rule on the inapplicability of the rules of evidence comes from s. 911.01 (4) (c), Stats. The rule that a judgment of conviction conclusively proves a violation comes from State ex rel. Flowers v. H&SS Department, Morrissey v. Brewer, 408 U.S. 471, 484 (1972)and reflects a belief that a parolee or probationer should not be allowed to relitigate issues determined in other forums, as in the situation presented when the revocation is based on conviction of another crime. No distinction is made between judgements resulting from trial and those resulting from a plea.

Subsection (7) replaces s. HSS 31.05 (6). The revocation criteria of sub. (7) (b) 3 come from the holding in State ex rel. Plotkin v. H&SS Department, 63 Wis. 2d 535 (1974) and replace the former language found at s. HSS 31.05 (6) (b) 4. The changes are appropriate to clarify the criteria and to clarify that revocation may occur if the administrative law judge finds that any one of the criteria is met and that there are no appropriate alternatives to revocation. The former provision of s. HSS 31.05 (6) (c), citing the goals and objectives of supervision under ch. DOC 328, has been eliminated because it was not in complete harmony with the criteria and generated confusion over the revocation standard. Tolled time is permitted by s. 304.072, Stats. Sentence credit is required under s. 973.155, Stats.

Subsection (8) replaces s. HSS 31.05 (9) and (10). Prior to January 1, 1990, revocation appeals were reviewed by the secretary of the department of health and social services. These rules direct that such appeals be reviewed by the division administrator as provided in s. 301.035 (4), Stats. The administrator’s decision is the final decision and is not subject to further administrative review. The appeal, including all supporting materials and arguments, must be filed by the appellant within 10 working days of the decision. The opposing party then has 7 working days to respond. The parties are not responsible for assembling the record.

Subsection (9) replaces s. HSS 31.05 (11). In the past, the secretary of the department of health and social services had 7 working days to decide the appeal from the date the secretary received the record and synopsis from the department’s office of administrative hearings. Since assembly of the record and preparation of the synopsis often took several weeks, the secretary’s final decision was similarly delayed. These rules recognize the time required for assembly of the record and provide that the division has only 21 working days from the date the appeal is received to issue the final decision.

Judicial review of a revocation decision is by certiorari in the county in which the client was last convicted of an offense for which the client was on parole or probation. See: State ex rel. Johnson v. Cady, 50 Wis. 2d 540 (1971) and s. 801.50 (5), Stats.

Note: HA 2.06 GOOD TIME FORFEITURE AND REINCARCERATION HEARINGS. This section combines the former provisions of ss. HSS 31.13 and 31.14 in one combined hearing section. These procedures are used only when the client waives a revocation hearing but does not waive a good time forfeiture or reincarceration hearing. The appeal procedures are clarified in conformity with the appeal procedures created in s. HA 2.05 (7).

Note: HA 2.07 TRANSCRIPTS. Under this section,production of a transcript requires a writ of certiorari or prepayment of the transcription costs. A transcript is not prepared until the writ or prepayment is received and will require several weeks to complete. A party may also tape record the hearing at their own expense.

Note: HA 2.08 HARMLESS ERROR. This section broadens the harmless error provisions of the former rules to include variance from procedural requirements as well as variance from time limits. As in the past, an error can be found harmless only if it does not affect the client’s substantive rights.

Chapter HA 3 PROCEDURE AND PRACTICE FOR FAIR HEARINGS

Wis. Admin. Code § HA 3.01 Authority and purpose {#sec-ha-3.01 omnilex-key=us-wi-regs-official--agency-ha--HA 3.01}

(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 Stamp Act of 1977, as amended, 7 USC 2011 to 2029.

(2) This chapter governs the fair hearing process for considering the appeal by affected individuals of decisions made by the departments of health services, children and families, workforce development and administration and decisions by county social and human service departments and tribal agencies concerning medicaid, food stamps, public assistance and social service programs administered by these departments. This chapter also governs the departmental level review process for Wisconsin works.

(3) The purpose of hearings on department and agency decisions is the following:

(a) To provide an opportunity for an applicant to challenge a department or agency finding that he or she is ineligible for medicaid, food stamps, public assistance or social services or to challenge the date of initial eligibility by establishing that the department’s or agency’s decision on the application was incorrect.

(b) To provide an opportunity for a recipient of medicaid, food stamps, public assistance or social services to assert continuing eligibility for aid when the department or agency has decided to discontinue aid, or to object to aid reduction, sufficiency or form of payment.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Wis. Admin. Code § HA 3.02 Definitions {#sec-ha-3.02 omnilex-key=us-wi-regs-official--agency-ha--HA 3.02}

In this chapter:

(1) “Administrative law judge” means an administrative hearing examiner employed by the division of hearings and appeals.

(2) “Agency” means a county department of social services under s. 46.215 or 46.22, Stats., a county department of human services under s. 46.23, Stats., or a tribal agency which administers medicaid, food stamps, social services or public assistance programs.

(3) “COP” means the long term support community options program under s. 46.27, Stats.

(4) “Costs motion” means a request by a prevailing party under s. 227.485, Stats., for a department to pay the costs incurred in connection with a contested case.

(5) “Department” means the Wisconsin department of health services, the Wisconsin department of children and families, the Wisconsin department of workforce development or the Wisconsin department of administration.

(6) “Division” means the division of hearings and appeals.

(7) “Food stamps” means an assistance program under the Food Stamp Act of 1977, as amended, 7 USC 2011 to 2029.

(8) “Fair hearing” or “hearing” means a de novo proceeding before an impartial administrative law judge in which the petitioner or the petitioner’s representative presents the reasons why the agency or department action or inaction in the petitioner’s case should be corrected.

(9) “Katie Beckett waiver program” means the medicaid eligibility program authorized by 42 USC 1396a 1902 (e) (3).

(10) “Low Income Home Energy Assistance Program” or “LIHEAP” means the federally designated program under 42 USC 8621 as amended, and s. 16.27, Stats., which provides benefits and services to assist low-income households with the costs of energy used for home heating.

(11) “Managed care entity” means an organization which makes available to an enrolled participant health care services provided by providers selected by the organization and which has a contractual arrangement with the department of health services for the provision of services to medicaid enrollees.

(12) “Medicaid” means the medical assistance program under ss. 49.43 to 49.47 and 49.49 to 49.497, Stats., and chs. DHS 101 to 108.

(13) “Medicaid waiver services” means home and community-based services provided under ss. 46.27, 46.275, 46.277, and 46.278, Stats.

(14) “Petitioner” means a person on whose behalf a request for a hearing has been filed.

(15) “Public assistance” means a program, such as, but not limited to, LIHEAP, kinship care under s. 48.57 (3m) and (3p), Stats., caretaker supplement under s. 49.775, Stats., or state supplements under s. 49.77, Stats., which provides cash benefits to needy individuals and which is administered by a department or by an agency for a department. “Public assistance” does not mean the Wisconsin works program under ss. 49.141 to 49.161, Stats.

(17) “Secretary” means the secretary of the department of workforce development, the secretary of the department of health services, the secretary of the department of children and families, or the secretary of the department of administration or their designees.

(18) “Social services” means services,other than under local county-funded programs, which are provided by agencies or the departments to individuals, or paid for by agencies or the departments on behalf of individuals, such as, but not limited to, the Alzheimer’s family and caregiver support program under s. 46.87, Stats., or the family support program under s. 46.985, Stats.

Note: Section 46.985, Stats., was repealed by 2015 Wis. Act 55.

(19) “Wisconsin works” or “W-2” means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, Stats.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99; corrections in (5), (10) to (12), (17) made under s. 13.92 (4) (b) 6. and 7., Stats., Register February 2013 No. 686; correction made under s. 35.17, Stats., Register October 2018 No. 754.

Wis. Admin. Code § HA 3.03 Right to appeal {#sec-ha-3.03 omnilex-key=us-wi-regs-official--agency-ha--HA 3.03}

(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 the right to apply.

(b) Failure to act on an application with reasonable promptness.

(d) The determination of the amount, sufficiency, initial eligibility date of program benefits excluding COP program benefits.

(e) A change in the form of payment of benefits.

(f) For the COP program and medicaid waiver services, the denial of eligibility for services or reduction or termination of services as provided in s. 46.27 (7m), Stats.

(g) A determination with regard to the preadmission screening and annual resident review requirements of section 1919(e)(7) of the Social Security Act of 1935, as amended.

(h) A decision to transfer or discharge a resident from a facility subject to the requirements of 42 CFR 483.12.

(i) A denial or termination of eligibility for medicaid under the Katie Beckett waiver program under section 1902(e)(3) of the Social Security Act.

(j) A decision to impose a medicaid lien or to deny a hardship waiver under s. 49.496, Stats.

(k) Any other decision or action affecting a medicaid applicant or enrollee where a hearing is required by law.

(L) A decision to deny a hardship waiver under s. 49.682 (5), Stats., with regard to the recovery of benefits under a chronic disease program.

(m) The determination under s. 49.85, Stats., to recover an overpayment of benefits by means of certification to the Wisconsin department of revenue and the determination of the amount of such an overpayment as including an amount they believe has already been repaid or discharged in bankruptcy.

(n) A denial of an application for kinship care payment on the grounds specified in s. 48.57 (3m) (am) 1., 2., 4., 4m. and 5., Stats., or the termination of kinship care payments.

(o) Removal of a child or any other decision or order by an agency or department that affects the head of a foster, treatment foster or group home or the children involved, per s. 48.64 (4), Stats.

(2) An applicant for or recipient of medicaid may appeal a decision or order of a managed care entity which denies, reduces, terminates or otherwise limits services, which denies an enrollee’s request for disenrollment or exemption from the entity or which otherwise adversely affects the individual.

(3) A former recipient of medicaid, food stamps, aid to families with dependent children or W-2 may appeal the determination that he or she has been overpaid benefits, the amount of such an overpayment still owing or whether it has been discharged in bankruptcy or the determination under s. 49.85, Stats., to recover such an overpayment by means of certification to the Wisconsin department of revenue.

(4) An applicant, recipient or former recipient may appeal any other adverse action or decision by an agency or department which affects their public assistance or social services benefits where a hearing is required by state or federal law or department policy.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § HA 3.04 Notification of right to appeal {#sec-ha-3.04 omnilex-key=us-wi-regs-official--agency-ha--HA 3.04}

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 right to a hearing under this chapter and of procedures for requesting a hearing as set forth in s. HA 3.05.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § HA 3.05 Request for a hearing {#sec-ha-3.05 omnilex-key=us-wi-regs-official--agency-ha--HA 3.05}

(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 legal authority to act on their behalf. The division in its discretion may require written authorization of such representation in an individual case or a type of case.

(a) A request for a hearing may be made in writing or orally and may be made to the agency or the division. An oral request to the agency shall be reduced to writing by the agency and signed by the petitioner, except that a request involving only food stamps need not be signed. An agency receiving a hearing request shall immediately date-stamp the request and forward it to the division.

(b) The hearing request shall include a short statement of the matter to be reviewed. If it is unclear from the request what action the person seeks to appeal or whether the petitioner has standing to obtain a hearing, the division may request clarification before taking action on the request.

Note: A hearing request should be addressed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707. Appeals may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, Wisconsin.

(3) Except as provided in par. (a) or (b), the petitioner shall have 45 days from the effective date of the adverse action specified under s. HA 3.03 in which to file a hearing request.

(a) For a hearing request relating to food stamps, the petitioner has 90 days from the date of the action specified under s. HA 3.03 in which to file the hearing request.

(b) If a different time limit for a hearing request is specified by state statute, administrative rule or federal regulation, that limit shall apply and shall be stated in the notification of Right to Appeal in the decision.

(c) A hearing request shall be considered filed on the date of actual receipt by the division or agency, or the date of the postmark, whichever is earlier. A request filed by facsimile is complete upon transmission. If the request is filed by facsimile transmission and such transmission is completed between 5 p. m. and midnight, 1 day shall be added to the prescribed period.

(4) The division shall deny or dismiss a hearing request under any of the following circumstances:

(a) The division does not have jurisdiction to conduct a hearing on the matter appealed.

(b) The petitioner or the petitioner’s representative withdraws the request in writing.

(c) The sole issue is one of state or federal law requiring automatic grant adjustments for classes of recipients, unless the issue being contested is that eligibility or benefits were improperly computed or that federal law or regulation is being misapplied or misinterpreted by the department.

(d) The petitioner has abandoned the hearing request. The division shall determine that abandonment has occurred when the petitioner, without good cause, fails to appear personally or by representative at the time and place set for the hearing. Abandonment may also be deemed to have occurred when the petitioner or the authorized representative fails to respond within a reasonable time to correspondence from the division regarding the hearing.

(e) The hearing request is not received within the time period specified in sub. (3).

(5) In cases involving discontinuance, reduction, suspension of assistance or benefits or change in the form of payment of assistance, the division shall order that the adverse action be stayed and benefits continued unchanged pending the hearing decision if the hearing request was filed within the time limits specified in 42 CFR 431.230 and 431.231 for medicaid or within the time limits specified in 7 CFR 273.13 and subject to the exceptions therein for food stamps or, for social services and public assistance, if the hearing request was filed prior to the effective date of the adverse action.

(6) The division shall acknowledge the receipt of a hearing request to the petitioner and the agency or department which took the action or made the decision under appeal, and shall request that the agency or department promptly provide a summary statement concerning the action or decision, including the reason for the action or decision.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § HA 3.06 Hearing arrangements {#sec-ha-3.06 omnilex-key=us-wi-regs-official--agency-ha--HA 3.06}

(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 premises, subject to the judgment of the administrative law judge.

(2) A petitioner in need of special arrangements for the hearing, such as an interpreter or a hearing site other than the county agency, shall notify the division of this need no later than 5 days prior to the hearing.

(3) At least 10 days before the hearing, the division shall provide written notice to the petitioner and the petitioner’s representative, if any, of the time, date and place of the hearing.

(4) The division may postpone a hearing for good cause. In food stamp cases, a petitioner may request and is entitled to receive a postponement of the scheduled hearing of up to 30 days.

(5) The parties may be directed by the administrative law judge to appear at a conference or to participate in a telephone conference to consider how issues might be clarified or simplified, whether facts or documents which may be admitted which will avoid unnecessary proof, or any other matter that may aid in the disposition of the appeal.

(6) The petitioner or petitioner’s representative shall have an opportunity to do all of the following:

(a) Examine at a reasonable time before the date of the hearing and during the hearing all documents and records to be used or that are used at the hearing, and the content of the applicant’s or recipient’s case file, in accordance with 7 CFR 273.15(p) or 42 CFR 431.242.

(b) Present the case or have it presented by a representative.

(d) Question or refute any testimony or evidence, and confront and cross-examine adverse witnesses.

(e) Submit relevant evidence to establish all pertinent facts and circumstances in the case.

(f) Advance relevant arguments without undue interference.

(7) A hearing shall be tape-recorded by the administrative law judge.

(8) If individual issues of fact are not in material dispute and related issues of state or federal law are the sole issues being raised, the division may respond to a series of individual requests for a hearing by conducting one group hearing.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § HA 3.07 Witnesses and subpoenas {#sec-ha-3.07 omnilex-key=us-wi-regs-official--agency-ha--HA 3.07}

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 for a full and fair hearing. The administrative law judge may require the party to provide written justification for the subpoena requested. A subpoena requiring the production of material may be issued if the person requesting the subpoena specifies the documents to be presented by the subpoenaed witness and if the request is found reasonable by the administrative law judge. The party requesting the subpoena is responsible for service and for fees.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § HA 3.08 Administrative law judge {#sec-ha-3.08 omnilex-key=us-wi-regs-official--agency-ha--HA 3.08}

(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.

(d) Regulate the conduct and course of the hearing consistent with due process to ensure an orderly hearing.

(e) Exclude individuals from the hearing, adjourn the hearing or otherwise reasonably respond to contemptuous conduct.

(f) Admit into evidence a deposition as a substitute for testimony, but only when the witness is unavailable as defined in s. 908.04, Stats. Depositions sought by the parties for the purpose of discovery are not authorized by this provision.

(g) Exclude individuals from the hearing to preserve the applicant’s or recipient’s confidentiality or where an individual’s presence is not considered essential, depending on the circumstances of the case including space limitations.

(h) Exercise discretion in excluding cameras from the hearing room.

(2) An administrative law judge may at any time disqualify himself or herself. On the filing in good faith of a timely and sufficient affidavit of personal bias or other disqualification of an administrative law judge, the division or administrative law judge shall determine the matter as part of the record and decision in the case.

(3) The administrative law judge may grant a continuance or additional time to present evidence once a hearing has started when the administrative law judge finds it necessary to the proceeding or to ensure that the petitioner is given a complete and fair hearing.

(4) If the hearing in a medicaid case involves medical issues such as those concerning a diagnosis or an examining physician’s report and if the administrative law judge considers it necessary to have a medical assessment other than the one considered in making the original decision, the administrative law judge may order a new assessment to be obtained at department or agency expense and made a part of the record.

(5) The administrative law judge may access and use information concerning the petitioner’s case history, benefit issuance history, calculations and notice history which is in the departments’ official computer systems, such as, but not limited to, the Client Assistance for Reemployment and Economic Support (CARES) system except that such information may not be used for the determination of substantive fact as to any issue in dispute.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § HA 3.09 Hearing decision {#sec-ha-3.09 omnilex-key=us-wi-regs-official--agency-ha--HA 3.09}

(1) The tape recording of the hearing, the exhibits, papers and requests filed in the proceeding and matters of which the administrative law judge has taken official notice shall constitute the exclusive record for decision.

(2) The decision shall be in writing in the name of the department by the department secretary or a designee such as an administrative law judge in the division.

(3) The decision shall set forth the names and addresses of all persons who appeared before the division in the proceeding who are considered parties for purposes of judicial review, the issue or issues, the principal relevant facts elicited at the hearing, the reasoning that led to the decision, citation of legal authority, the action taken and the parties’ appeal rights. These elements shall be grouped under appropriate headings such as preliminary recitals, findings of fact, discussion, conclusions of law and the order.

(4) Unless a different standard is provided by law, the standard for decision shall be by a preponderance of the credible evidence.

(5) Where necessary and appropriate, an interim decision may be issued, where a final decision dispositive of the merits of the case is not possible.

(6) A copy of the decision shall be mailed to the petitioner, the petitioner’s representative, if any, and the agency or the department organizational unit charged with the administration of the assistance or services involved. The petitioner’s mailing address shall be the address given for the petitioner on the hearing request, unless the petitioner has notified the division of another address in writing or placed it on the hearing record.

(7) The decision shall include the names and addresses of the petitioner and the department or agency. The division shall serve a copy of the decision on each party. The decision is served on a party as of the date it is mailed by the division.

(8) The petitioner may request a copy of the audio cassette tape recording of the hearing. The division shall furnish the requested recording upon receipt of payment for the cost of duplication and mailing. A written transcript of the hearing shall be prepared only if an appeal is filed with a circuit court pursuant to s. 227.53, Stats. If the petitioner requests a written copy of that transcript following the filing of that appeal, the division may impose a reasonable charge per transcript page.

(9)

(a) Except for a proposed decision under par. (b), or by order in a specific case, the decision of the administrative law judge shall be the final decision of the department in proceedings under this chapter.

(b) The administrative law judge shall submit a proposed decision to the secretary or designee for decision in any of the following circumstances:

The decision holds that a manual or handbook provision, contract provision, state plan provision, numbered memo administrative directive or other official document is invalid or limited under a statute, administrative rule or federal regulation.
The department has not delegated final decision making authority to the division.

(10) When a proposed decision rather than a final decision is issued, the petitioner and the agency or department may file written comments with the division within 15 days from the date of service of the decision. This period may be extended for 10 days upon request of either party. At the close of the comment period, the proposed decision and comments shall be forwarded by the division to the secretary for issuance of a final decision.

(11) The division shall ensure that decisions for medicaid are issued in a timely manner so that final administrative action may be taken within 90 days from the date of filing of the hearing request, and that decisions for food stamps are issued within 60 days from the date of filing of the hearing request.

(12) When a petition for review is dismissed in its entirety, final administrative action is taken on the date the division mails the decision to the petitioner.

(13) A final decision is binding upon the department and agency involved and may be enforced by appropriate legal and fiscal sanctions. The agency involved shall implement any food stamp decision within 10 days after the date of the decision.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § HA 3.10 Rehearing and amendment of decision {#sec-ha-3.10 omnilex-key=us-wi-regs-official--agency-ha--HA 3.10}

(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 correcting either plain or administrative errors, or as altered conditions may require.

(2) A petitioner or that person’s representative, an agency or the department may request a rehearing pursuant to s. 227.49, Stats. Such a request shall state what error of law or fact is asserted as the basis for the rehearing or what newly discovered evidence has been found which could not have been found earlier with due diligence. Upon granting a rehearing, the division shall determine whether or not a proceeding to consider additional evidence is required.

(3) After a decision has been issued dismissing a hearing request as abandoned by the petitioner as provided in s. HA 3.05 (4) (d), the division may vacate that decision upon the assertion by petitioner in writing within 30 days of the date of the decision that the matter has not been abandoned.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § HA 3.11 Costs motion {#sec-ha-3.11 omnilex-key=us-wi-regs-official--agency-ha--HA 3.11}

(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 attorney to file a costs motion.

(2) Although no specific form or format is required, a complete costs motion shall contain an explanation of why the state agency which was the losing party was not substantially justified in taking its position, and an itemized application for fees and other expenses, including an itemized statement from any attorney or expert witness representing or appearing on behalf of the petitioner stating the actual time expended and the rate at which fees and other expenses were computed. A complete motion shall also contain an affidavit or other proof that the petitioner has federal adjusted gross income of less than $150,000 in each of the 3 calendar years or corresponding fiscal years immediately prior to the commencement of the case.

(3) The petitioner’s costs may include attorney’s fees and any of the following items if the item provided evidence relevant to the hearing issue on which the party prevailed:

(a) Expert witness fees.

(b) Any study, analysis, engineering report, test or project determined by the administrative law judge to be necessary for preparation of the case.

(d) Certified copies of papers and records in any public office.

(e) Postage.

(f) Telephone, telegraph or FAX expense.

(g) Depositions of unavailable witnesses, including necessary photocopies.

(h) Plats and photographs.

(4) The department or agency may respond in writing to the administrative law judge within 15 days of its receipt of a complete costs motion. If the petitioner’s costs motion contains a request for expert witness fees, the response shall indicate the highest rate of compensation paid by the agency or department to an expert witness in the case.

(5) The administrative law judge may deny a costs motion that is not complete.

(6) The administrative law judge shall prepare a written proposed decision which denies or awards some or all of the requested costs. That proposed decision shall be forwarded by the division to the department for issuance of a final decision.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99.

Wis. Admin. Code § HA 3.12 Wisconsin works {#sec-ha-3.12 omnilex-key=us-wi-regs-official--agency-ha--HA 3.12}

(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 if the Wisconsin works applicant or recipient withdraws the petition in writing.

(3) Upon receipt of a petition, the division may make any additional investigation it considers necessary.

(4) The Wisconsin works agency shall forward the fact-finding file to the division within 5 days of notification of the request for review.

(5) If the division or administrative law judge determines that the record provided for review is inadequate or incomplete, the division may conduct a hearing, issue an interim decision directing the Wisconsin works agency to supplement the record, or take further action considered necessary to provide for a meaningful review.

History

Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2013 No. 686; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2023 No. 810.

Wis. Admin. Code § HA 4.01 Application of rules {#sec-ha-4.01 omnilex-key=us-wi-regs-official--agency-ha--HA 4.01}

(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 hearings under ch. 102, Stats., and to hearings under ss. 40.65 (2), 59.88 (3), 62.624 (2), 106.25, 303.07 (7), and 303.21, Stats., and s. 66.191, 1981 Stats.

History

CR 18-059: cr. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.02 Definitions {#sec-ha-4.02 omnilex-key=us-wi-regs-official--agency-ha--HA 4.02}

In this chapter:

(1) “Administrative law judge” 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) “Applicant” means a party filing an application for relief.

(3) “Department” means the department of workforce development.

(4) “Division” means the division of hearings and appeals.

(5) “Office of worker’s compensation hearings” is one of several subunits authorized by the division administrator and is the subunit that administers adjudicatory functions related to worker’s compensation claims.

(6) “Respondent” means a party adverse to an application for relief.

History

CR 18-059: cr. Register July 2019 No. 763, eff. 8-1-19; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2019 No. 763.

Wis. Admin. Code § HA 4.03 Application of department rules {#sec-ha-4.03 omnilex-key=us-wi-regs-official--agency-ha--HA 4.03}

(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 division when the division acts on a compromise under s. l02.16 (1) (c), Stats., to the same extent those provisions apply to the department when acting on a compromise under s. 102.16 (1) (b), Stats.

(b) All written compromise agreements submitted to the division shall contain the following statement:

(3) Substantive rules of the department that implement, interpret, or make specific legislation enforced or administered by the department within the meaning of s. 227.01 (13), Stats., have the force and effect of law in proceedings before the division under this chapter.

Note: Substantive rules of the department dealing with worker’s compensation have the force and effect of law in worker’s compensation and related proceedings before the division. These include, without limitation, the factors listed in s. DWD 80.34 in determining loss of earning capacity, the factors listed in s. DWD 80.39 in determining whether to order full or partial payment of unaccrued compensation to an employee or his or her dependents under s. 102.32 (6m), Stats., the provisions of s. DWD 80.43 in determining the amount of attorney fees and costs under s. 102.26 (3), Stats., and the factors set out in s. DWD 80.49 (9) (b) in determining whether an offer of employment is suitable under s. DWD 80.49 (8) (c) and (9) (b).

History

CR 18-059: cr. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.04 Procedure on claim {#sec-ha-4.04 omnilex-key=us-wi-regs-official--agency-ha--HA 4.04}

(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.

(2) In all such cases under sub. (1), the applicant shall file his or her application with the department, along with sufficient copies of the application for service on the respondents. The department shall thereupon serve the respondents with a copy of the application and the respondents shall file an answer to the application with the division within 20 days after the service and likewise serve a copy of the answer on the applicant. If no answer is mailed by the respondent within 20 days of service of the application by the department, the division may issue an order by default, without hearing, in accordance with the application, as provided by s. 102.18 (1) (a), Stats.

Note: See s. 102.17, Stats.

(3) After an application for hearing is served, the division shall manage its caseload by appropriate action including any of the following:

(a) Determining whether any answer received is complete, identifies the correct date of injury, and identifies the correct parties for that date of injury.

(b) Filing documents or other material received or issued in connection with the claim.

(d) Notifying the parties of the time and place of hearing, at least 10 days prior to the hearing.

(e) Conducting hearings and making findings, orders, and awards that are lawful and just under the circumstances.

(4) After an application for hearing is served, the division, when appropriate, may take other action to manage its caseload, including any of the following:

(a) In cases of vision loss and hearing loss, obtaining a computation of permanent disability indemnity.

(b) Impleading other employers or insurance carriers.

(d) Dismissing parties improperly served with the application.

(e) Dismissing the application if defective or upon request of a party.

(f) Scheduling and conducting prehearing conferences.

(g) Adjourning or postponing prehearing conferences and hearings scheduled under par. (f) and sub. (3) (c).

(h) Within 21 days of issuance, setting aside, reversing, or modifying findings, orders or awards as provided in s. 102.18 (3), Stats.

(5) For injuries for which an employer is required to give notice under s. DWD 80.02 (1) (a), a self-insured employer or insurance company shall, when submitting a stipulation or compromise to the division, and at the time of hearing, submit a current form WKC–13 indicating all worker’s compensation payments to date and the periods of time for which these payments were made. This subsection does not apply if the information has been submitted via electronic, magnetic or other reporting media under s. DWD 80.02 (3m).

History

1-2-56; am., Register, April, 1975, No. 232, eff. 5-1-75; am. Register, September, 1982, No. 321, eff. 10-1-82; am. (1), Register, September, 1986, No. 369, eff. 10-1-86; CR 02-094: am. (1) Register November 2002 No. 563, eff. 12-1-02; renumbered from DWD 80.05 under s. 13.92 (4) (b) 1., correction under s. 13.92 (4) (b) 6., Stats., Register May 2018 No. 749; CR 18-059: am. (1), (2), cr. (3), (4), (5) Register July 2019 No. 763, eff. 8-1-19, correction in (1) made under s. 35.17., Stats., Register July 2019 No. 763.

Wis. Admin. Code § HA 4.05 Appearance by attorney or agent; license to appear {#sec-ha-4.05 omnilex-key=us-wi-regs-official--agency-ha--HA 4.05}

(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 matters under the provisions of s. 102.17 (1) (c), Stats.:

(a) Permission to appear at a single hearing may be issued by the division through any examiner upon application evidencing qualifications provided by statute and the division’s rules. Such permission may be given to appear in 3 cases before the issuing of license. When appearance has been made in 3 cases, license shall be required, which shall be issued only upon execution and filing with the division of application upon form prescribed by the division.

(b) Before license shall be issued applicant shall have appeared in representation of a party before the division on at least 3 formal hearings.

Charging of excessive or unconscionable fees, misrepresentation of clients, dishonesty, fraud, sharp practice, neglect of duty, or other improper conduct in the representation of a party before the division, unless satisfactorily explained or excused by the division on the grounds of subsequent good conduct.
Disbarment from the practice of law, or resignation by request of properly constituted authorities, unless there has been subsequent reinstatement and continuance in good standing.
Contumacious conduct in hearing, gross discourtesy toward division representatives, or failure to conform to rulings or instructions of the division or its representatives.
Intentional or repeated failure to observe provisions of the compensation act or rules of procedure adopted by the division.
Any other gross evidence of lack of good moral character, fitness or act of fraud, or serious misconduct.

History

CR 18-059: cr. Register July 2019 No. 763, eff. 8-1-19; (1), (2) renumbered from HA 4.05, DWD 80.20 under s. 13.92 (4) (b) 1., Stats., (title) amended under s. 13.92 (4) (b) 2., Stats., correction in (2) (intro.), (a), (b), (c) 1., 3., 4. made under s. 13.92 (4) (b) 6., Stats., and correction in (2) (intro.), (c) (intro.) made under s. 35.17, Stats., Register May 2022 No. 797.

Wis. Admin. Code § HA 4.06 Service and filing {#sec-ha-4.06 omnilex-key=us-wi-regs-official--agency-ha--HA 4.06}

(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 unless otherwise specified by rule or order of the division.

(2) Filing date. Regardless of how served, materials submitted to the division are considered filed on the date they are received by the division.

History

CR 18-059: cr. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.07 Amendments {#sec-ha-4.07 omnilex-key=us-wi-regs-official--agency-ha--HA 4.07}

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

1-2-56; am. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, September, 1982, No. 321, eff. 10-1-82.; renumbered from DWD 80.08 (1) under s. 13.92 (4) (b) 1., correction under s. 13.92 (4) (b) 6., Stats., Register May 2018 No. 749; CR 18-059: am. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.08 Witness attendance; extension of time and postponement {#sec-ha-4.08 omnilex-key=us-wi-regs-official--agency-ha--HA 4.08}

(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 postponements or continuances shall be considered by the division only if such requests are received within a reasonable time before the date of the hearing.

(3) The division shall grant postponements and continuances only because of extraordinary circumstances. Neither the scheduling problems nor the convenience of the parties shall be considered extraordinary circumstances.

(4) A postponement, continuance, or extension of time may not be granted upon the mutual agreement of the parties without the consent of the division.

History

1-2-56; am. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, September, 1982, No. 321, eff. 10-1-82; renumbered from DWD 80.09 under s. 13.92 (4) (b) 1., correction in (2), (3), (4) under s. 13.92 (4) (b) 6., Stats., Register May 2018 No. 749; CR 18-059: am. (2), (3), (4) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.09 Stipulations {#sec-ha-4.09 omnilex-key=us-wi-regs-official--agency-ha--HA 4.09}

Parties to a controversy may stipulate the facts in writing, and the division may make its order or award upon the written stipulation. Stipulations must set forth in detail the manner of computing the compensation due and must be accompanied by a report from a physician stating the extent of the disability.

History

CR 18-059: cr. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.10 Depositions {#sec-ha-4.10 omnilex-key=us-wi-regs-official--agency-ha--HA 4.10}

Depositions may be taken and used in any hearing only in accordance with s. 102.17 (1) (f), Stats. These depositions shall be taken in the same manner as in courts of record. Depositions for the purpose of discovery before the hearing are specifically prohibited.

History

1-2-56; am. Register, April, 1975, No. 232, eff. 5-1-75; am. Register, September, 1982, No. 321, eff. 10-1-82; renumbered from DWD 80.11 under s. 13.92 (4) (b) 1., Register May 2018 No. 749.

Wis. Admin. Code § HA 4.11 Rules of practice; selection of hearing site {#sec-ha-4.11 omnilex-key=us-wi-regs-official--agency-ha--HA 4.11}

(1)

(a) The rules of practice before the division shall be such as to secure the facts in as direct and simple a manner as possible.

(b) The administrative law judge may limit testimony to only those matters which are disputed.

(c) The administrative law judge may not allow into the record, either on direct or cross–examination, redundant, irrelevant or repetitive testimony. Hearsay testimony with probative value may be admitted at the discretion of the administrative law judge.

(2) The division may select places for a hearing after considering the geographical location and volume of claims in an area. A list of sites will be furnished upon request to interested parties by the division. From this list, a hearing site shall be selected at the discretion of the division. The division, in determining the site of the hearing, shall consider all of the following:

(a) The applicant’s location choice.

(b) The location of the office of the treating practitioner or practitioner appointed under s. 102.13 (3) or 102.17, Stats.

History

Cr. Register, August, 1976, No. 248, eff. 9-1-76; r. and recr. Register, September, 1982, No. 321, eff. 10-1-82; renumbered from DWD 80.12 under s. 13.92 (4) (b) 1., correction in (1) (intro.), (2) (intro.), (b) under s. 13.92 (4) (b) 6., Stats., correction in (2) (b) under s. 35.17, Stats., Register May 2018 No. 749; CR 18-059: am. (1) (a), (b), (c), (2) (intro.), (a), (b) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.12 Audio recording of formal hearings {#sec-ha-4.12 omnilex-key=us-wi-regs-official--agency-ha--HA 4.12}

(1)

(a) A party to a claim may audio record the proceedings of a formal hearing in a non-disruptive and non-obstructive manner.

(b) Witnesses, participants, and other attendees, who are not parties to the case, are not permitted to audio record the proceedings of a formal hearing.

(2) A party shall provide verbal notice of audio recording to the presiding administrative law judge and all other parties in attendance at the proceedings of a formal hearing before audio recording of the hearing begins.

(3) The presiding administrative law judge shall determine if a party’s audio recording disrupts or obstructs the hearing.

(4) The presiding administrative law judge may set conditions for audio recording of a formal hearing to avoid disruption or obstruction of the hearing.

(5) A party’s recording of the proceedings does not constitute the official record of the proceedings.

History

CR 15-031: cr. Register October 2015 No. 718, eff. 11-1-15; renumbered from DWD 80.13 under s. 13.92 (4) (b) 1., Register May 2018 No. 749.

Wis. Admin. Code § HA 4.13 Transcripts {#sec-ha-4.13 omnilex-key=us-wi-regs-official--agency-ha--HA 4.13}

Transcripts of testimony taken or proceedings had before the division shall be furnished to the applicant or respondent or their attorneys in accordance with all of the following provisions:

(1) After the commencement of an action to review an order of the labor and industry review commission in circuit court, a copy of the hearing record will be furnished to the plaintiff or other parties upon payment to the division of the reporter’s fees set forth in s. 757.57 (5), Stats., and not as set forth in s. 757.57 (2), Stats.

(2) Transcripts of the hearing may not be provided until after commencement of an action in circuit court.

(3) Upon proper showing of financial inability to pay for copies of such testimony or proceedings, the division may furnish copies of the same on such terms as may be agreed upon.

History

1-2-56; am. (1) (a), (b), Register, October, 1965, No. 118, eff. 11-1-65; am. Register, November, 1970, No. 179, eff. 12-1-70; am. (1) (a), Register, April, 1971, No. 184, eff. 5-1-71; r. and recr. (1) (a) and (b), Register, September, 1982, No. 321, eff. 10-1-82; (title), (intro.), (1) to (3) renumbered from DWD 80.14 (title), (1) (intro.), (a) to (c) under s. 13.92 (4) (b) 1., correction in (intro.), (1), (3) under s. 13.92 (4) (b) 6., Stats., Register May 2018 No. 749; CR 18-059: am. (intro.), (1), (3) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.14 Reports by practitioners and expert witnesses {#sec-ha-4.14 omnilex-key=us-wi-regs-official--agency-ha--HA 4.14}

(1) Upon the request of the division, any party to a claim pending before the division under ch. 102, Stats., shall furnish to the division and to all parties copies of all reports by practitioners and expert witnesses in their possession or procurable by them.

(2) In cases involving nonscheduled injuries under s. 102.44 (2) or (3), Stats., any party to a claim pending before the division under ch. 102, Stats., shall, upon the request of the division, furnish to the division and to all parties any reports in the party’s possession or reasonably available to that party relating to the loss of earning capacity as set forth in s. DWD 80.34.

(3) Any party who does not comply with the request of the division under sub. (1) or (2) shall be barred from presenting the reports or the testimony contained in the reports at the hearing.

(4) No testimony or reports from expert witnesses on the issue of loss of earning capacity may be received unless the party offering the evidence has notified the division and the other parties of interest of the party’s intent to provide the testimony or reports and the names of expert witnesses involved as required under s. 102.17 (7), Stats.

History

CR 18-059: cr. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.15 Use of reports as evidence {#sec-ha-4.15 omnilex-key=us-wi-regs-official--agency-ha--HA 4.15}

(1) In this section, “report” means a report by a practitioner or a report by an expert witness on the issue of loss of earning capacity, as described in s. HA 4.14.

(2) Matters stated in a report that would not be competent or material evidence if given as oral testimony are not competent or material as prima facie evidence if objection is made, except as corroborated by competent and material oral testimony.

Note: See s. 102.17 (1) (d), Stats.

(3) Use of reports shall be permitted in any case in which claim for compensation is made, provided the reporting practitioner or other expert is available for cross examination.

(4) Reports shall be submitted to the division on a prescribed form and shall be certified. An applicant shall be informed of the provisions of s. 102.17 (1) (d), Stats., and ss. DWD 80.21 and HA 4.14, and also that a form for reporting will be supplied to the applicant upon request.

(5) The division may require additional or supplementary reports. Upon failure of the applicant to submit such reports within the time specified prior to hearing, all reports previously filed may, in the discretion of the division, be excluded as evidence.

(6) Reports shall be filed with the application or as soon thereafter as possible. Reports not filed with the division 15 days prior to the date of hearing shall not be acceptable as evidence except upon good cause for failure so to file, established to the satisfaction of the division.

(7) Simultaneously with the filing of a report with the division, a party shall serve copies upon all other parties. Service upon the designated representative of a party shall be deemed service upon the party. Service upon the insurance carrier for an employer shall be deemed service upon the employer. However, if a party does not have a representative, the division may elect to make service upon other parties.

History

1-2-56; am. (intro.), (4), (7) Register, October, 1965, No. 118, eff. 11-1-65; am. Register, April, 1975, No. 232, eff. 5-1-75; am. (3) and r. and recr. (6), Register, September, 1982, No. 321, eff. 10-1-82; am. (intro.), Register, September, 1986, No. 369, eff. 10-1-86; reprinted to restore dropped copy in (1), Register September 2005 No. 597; renumbered from DWD 80.22 under s. 13.92 (4) (b) 1., correction in (3) to (6) under s. 13.92 (4) (b) 6., Stats., Register May 2018 No. 749; CR 18-059: renum. (1) to (6) to (2) to (7) and am., cr. (1); Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.16 Procedure and claims under ch. 40, Stats {#sec-ha-4.16 omnilex-key=us-wi-regs-official--agency-ha--HA 4.16}

The division shall observe the same rules and procedures and may use the same forms in processing and determining claims made under s. 40.65, Stats., as are used under ch. 102, Stats.

History

Cr. Register, October, 1965, No. 118, eff. 11-1-65; am. Register, April, 1975, No. 232, eff. 5-1-75; am. Register, September, 1986, No. 369, eff. 10-1-86; renumbered from DWD 80.31 under s. 13.92 (4) (b) 1., correction under s. 13.92 (4) (b) 6., Stats., Register May 2018 No. 749; CR 18-059: am. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.17 Witness fees and travel reimbursement {#sec-ha-4.17 omnilex-key=us-wi-regs-official--agency-ha--HA 4.17}

The fees and travel reimbursement of witnesses and interpreters for attending a hearing before an administrative law judge shall be the statewide rate currently paid under s. 814.67 (1) (b), Stats., notwithstanding any local county variations.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; correction made under s. 13.93 (2m) (b) 7., Stats., Register November 2002 No. 563; renumbered from DWD 80.44 under s. 13.92 (4) (b) 1., correction under s. 13.92 (4) (b) 6., Stats., Register May 2018 No. 749; CR 18-059: am. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § HA 4.18 Mediation conferences {#sec-ha-4.18 omnilex-key=us-wi-regs-official--agency-ha--HA 4.18}

(1) Definitions. In this section:

(a) “Administrative law judge mediator” means an administrative law judge whose duties include conducting mediation conferences.

(c) “Mediation conference” means a voluntary, informal, off-record conference among an administrative law judge mediator and the parties, their representatives, or both, to explore settlement options in an effort to achieve a negotiated, conciliatory resolution of disputed claims without a formal hearing on the merits of a case.

(d) “Request to schedule a mediation conference form” means a form prescribed by the division that sets out the claims at issue in a requested mediation conference, identifies the conceded and disputed benefits, and describes the parties’ respective positions.

(2) Mediation process.

(a)

The purpose of a mediation conference is to resolve all disputed matters or issues in cases in which the issues are sufficiently well-developed.
A mediation conference should not be used to address minor disputes or effect piecemeal resolution of disputed claims.

(b) A mediation conference shall be scheduled only after all of the following have occurred:

An application for hearing has been served.
The applicant has submitted a request to schedule a mediation conference form.
The respondent has confirmed in writing that it concurs with the request for a settlement mediation.
The respondent has confirmed that the insurance company has, or will have by the date of the scheduled mediation conference, authority to resolve the claim based on a good faith evaluation of the known facts and evidence of record.

(c) A party may request a particular administrative law judge mediator to serve in a particular case. The division shall assign an administrative law judge mediator to conduct mediation conferences based on division needs and resources after considering a party’s request.

(d) In conducting a mediation conference, an administrative law judge mediator may do all of the following:

Engage in ex parte communication with the parties or their representatives.
Adopt his or her own procedures regarding the submission of documents and evidence to be used in preparing for a mediation conference.

(e) A settlement achieved through a mediation conference must be approved by both the administrative law judge mediator and the chief administrative law judge or his or her designee. A settlement agreement achieved through mediation outside the office of worker’s compensation hearings’ mediation process must be reviewed and approved by an administrative law judge as provided in s. HA 4.03 (2).

(3) Confidentiality.

(a)

Subject to subd. 2. and par. (d), all communications or statements, oral or written, that take place within the context of a mediation conference and are not otherwise discoverable, are confidential and not subject to disclosure. Such communications or statements shall not be disclosed by any administrative law judge mediator, party, attorney attendee, or division employee, and may not be used as evidence for any purpose, including impeachment, at hearing or any other legal or administrative proceeding.
This paragraph does not apply to an executed compromise agreement derived from a mediation conference or any order approving any such mediated settlement.

(b) Subject to par. (d), neither the administrative law judge mediator nor any third-party observer present at a mediation conference with the permission of the parties may be subpoenaed or otherwise required to testify in any proceeding concerning a mediation or settlement negotiations. Absent waiver of confidentiality by the offended party, the notes, records, and recollections of the administrative law judge mediator, as well as well as any evidentiary compilation of records or documents utilized by the administrative law judge mediator in preparing for the mediation conference, shall be kept separate and apart from the division litigation file, are not subject to discovery, and shall not be used as evidence in any proceedings. If so called or subpoenaed, the person or entity called or subpoenaed may refuse to testify or produce the requested documents. Should any party attempt to compel such testimony or production of documents, such party shall be liable for, and shall indemnify the division and the administrative law judge mediator against, any liabilities, costs, or expenses, including reasonable attorney fees, that may be incurred in resisting such compulsion.

(c) Upon request, the presiding administrative law judge mediator may issue a protective order to keep private spoken or written information that might otherwise become part of the official record in a contested case. Such an order does not preclude release or sharing of information already known or discovered outside the mediation process.

(d) This subsection does not apply to any of the following:

Threats of violence to the administrative law judge mediator or others.
Security personnel or law enforcement officials.
Party or attorney misconduct.
Legal or disciplinary complaints brought against an administrative law judge mediator or attorney arising out of and during the occurrence of an event that transpires in the course of a mediation.

History

CR 18-059: cr. Register July 2019 No. 763, eff. 8-1-19; correction in (1) (b) to (d) made under s. 13.92 (4) (b) 1., Stats., Register July 2019 No. 763; corrections in (2) (b) 4. and (3) (b) made under s. 35.17, Stats., Register July 2019 No. 763.

Wis. Admin. Code HA — Department of Administration-Division of Hearings and Appeals

Chapter HA 1 PROCEDURE AND PRACTICE FOR CONTESTED CASES

Wis. Admin. Code § HA 1.01 Application of this chapter {#sec-ha-1.01 omnilex-key=us-wi-regs-official--agency-ha--HA 1.01}

Wis. Admin. Code § HA 1.02 Definitions {#sec-ha-1.02 omnilex-key=us-wi-regs-official--agency-ha--HA 1.02}

Wis. Admin. Code § HA 1.03 Service of documents {#sec-ha-1.03 omnilex-key=us-wi-regs-official--agency-ha--HA 1.03}

Wis. Admin. Code § HA 1.04 Appeals {#sec-ha-1.04 omnilex-key=us-wi-regs-official--agency-ha--HA 1.04}

Wis. Admin. Code § HA 1.05 Notice of hearing {#sec-ha-1.05 omnilex-key=us-wi-regs-official--agency-ha--HA 1.05}

Wis. Admin. Code § HA 1.06 Place of hearings {#sec-ha-1.06 omnilex-key=us-wi-regs-official--agency-ha--HA 1.06}

Wis. Admin. Code § HA 1.07 Changes in time or place of hearing; adjournments; failures to appear {#sec-ha-1.07 omnilex-key=us-wi-regs-official--agency-ha--HA 1.07}

Wis. Admin. Code § HA 1.08 Participation {#sec-ha-1.08 omnilex-key=us-wi-regs-official--agency-ha--HA 1.08}

Wis. Admin. Code § HA 1.09 Witnesses and subpoenas {#sec-ha-1.09 omnilex-key=us-wi-regs-official--agency-ha--HA 1.09}

Wis. Admin. Code § HA 1.10 Preservation of testimony, discovery and summary judgment {#sec-ha-1.10 omnilex-key=us-wi-regs-official--agency-ha--HA 1.10}

Wis. Admin. Code § HA 1.11 Conferences {#sec-ha-1.11 omnilex-key=us-wi-regs-official--agency-ha--HA 1.11}

Wis. Admin. Code § HA 1.12 Conduct of hearings {#sec-ha-1.12 omnilex-key=us-wi-regs-official--agency-ha--HA 1.12}

Wis. Admin. Code § HA 1.13 Rules of evidence {#sec-ha-1.13 omnilex-key=us-wi-regs-official--agency-ha--HA 1.13}

Wis. Admin. Code § HA 1.14 Close of hearing {#sec-ha-1.14 omnilex-key=us-wi-regs-official--agency-ha--HA 1.14}

Wis. Admin. Code § HA 1.15 Transcripts {#sec-ha-1.15 omnilex-key=us-wi-regs-official--agency-ha--HA 1.15}

Wis. Admin. Code § HA 1.16 Briefs {#sec-ha-1.16 omnilex-key=us-wi-regs-official--agency-ha--HA 1.16}

Wis. Admin. Code § HA 1.17 Decision {#sec-ha-1.17 omnilex-key=us-wi-regs-official--agency-ha--HA 1.17}

Wis. Admin. Code § HA 1.18 Review {#sec-ha-1.18 omnilex-key=us-wi-regs-official--agency-ha--HA 1.18}

Chapter HA 2 PROCEDURE AND PRACTICE FOR CORRECTIONS HEARINGS

Wis. Admin. Code § HA 2.01 Application of rules {#sec-ha-2.01 omnilex-key=us-wi-regs-official--agency-ha--HA 2.01}

Wis. Admin. Code § HA 2.02 Definitions {#sec-ha-2.02 omnilex-key=us-wi-regs-official--agency-ha--HA 2.02}

Wis. Admin. Code § HA 2.03 Service of documents {#sec-ha-2.03 omnilex-key=us-wi-regs-official--agency-ha--HA 2.03}

Wis. Admin. Code § HA 2.04 Witnesses and subpoenas {#sec-ha-2.04 omnilex-key=us-wi-regs-official--agency-ha--HA 2.04}

Wis. Admin. Code § HA 2.05 Revocation hearing {#sec-ha-2.05 omnilex-key=us-wi-regs-official--agency-ha--HA 2.05}

Wis. Admin. Code § HA 2.06 Good time forfeiture, reconfinement and reincarceration hearings {#sec-ha-2.06 omnilex-key=us-wi-regs-official--agency-ha--HA 2.06}

Wis. Admin. Code § HA 2.07 Transcripts {#sec-ha-2.07 omnilex-key=us-wi-regs-official--agency-ha--HA 2.07}

Wis. Admin. Code § HA 2.08 Harmless error {#sec-ha-2.08 omnilex-key=us-wi-regs-official--agency-ha--HA 2.08}

Chapter HA 2 Appendix APPENDIX

Wis. Admin. Code § Chapter HA 2 APPENDIX {#sec-chapter-ha-2 omnilex-key=us-wi-regs-official--agency-ha--Chapter HA 2}

Chapter HA 3 PROCEDURE AND PRACTICE FOR FAIR HEARINGS

Wis. Admin. Code § HA 3.01 Authority and purpose {#sec-ha-3.01 omnilex-key=us-wi-regs-official--agency-ha--HA 3.01}

Wis. Admin. Code § HA 3.02 Definitions {#sec-ha-3.02 omnilex-key=us-wi-regs-official--agency-ha--HA 3.02}

Wis. Admin. Code § HA 3.03 Right to appeal {#sec-ha-3.03 omnilex-key=us-wi-regs-official--agency-ha--HA 3.03}

Wis. Admin. Code § HA 3.04 Notification of right to appeal {#sec-ha-3.04 omnilex-key=us-wi-regs-official--agency-ha--HA 3.04}

Wis. Admin. Code § HA 3.05 Request for a hearing {#sec-ha-3.05 omnilex-key=us-wi-regs-official--agency-ha--HA 3.05}

Wis. Admin. Code § HA 3.06 Hearing arrangements {#sec-ha-3.06 omnilex-key=us-wi-regs-official--agency-ha--HA 3.06}

Wis. Admin. Code § HA 3.07 Witnesses and subpoenas {#sec-ha-3.07 omnilex-key=us-wi-regs-official--agency-ha--HA 3.07}

Wis. Admin. Code § HA 3.08 Administrative law judge {#sec-ha-3.08 omnilex-key=us-wi-regs-official--agency-ha--HA 3.08}

Wis. Admin. Code § HA 3.09 Hearing decision {#sec-ha-3.09 omnilex-key=us-wi-regs-official--agency-ha--HA 3.09}

Wis. Admin. Code § HA 3.10 Rehearing and amendment of decision {#sec-ha-3.10 omnilex-key=us-wi-regs-official--agency-ha--HA 3.10}

Wis. Admin. Code § HA 3.11 Costs motion {#sec-ha-3.11 omnilex-key=us-wi-regs-official--agency-ha--HA 3.11}

Wis. Admin. Code § HA 3.12 Wisconsin works {#sec-ha-3.12 omnilex-key=us-wi-regs-official--agency-ha--HA 3.12}

Chapter HA 4 PROCEDURE AND PRACTICE FOR WORKER’S COMPENSATION AND RELATED CASES

Wis. Admin. Code § HA 4.01 Application of rules {#sec-ha-4.01 omnilex-key=us-wi-regs-official--agency-ha--HA 4.01}

Wis. Admin. Code § HA 4.02 Definitions {#sec-ha-4.02 omnilex-key=us-wi-regs-official--agency-ha--HA 4.02}

Wis. Admin. Code § HA 4.03 Application of department rules {#sec-ha-4.03 omnilex-key=us-wi-regs-official--agency-ha--HA 4.03}

Wis. Admin. Code § HA 4.04 Procedure on claim {#sec-ha-4.04 omnilex-key=us-wi-regs-official--agency-ha--HA 4.04}

Wis. Admin. Code § HA 4.05 Appearance by attorney or agent; license to appear {#sec-ha-4.05 omnilex-key=us-wi-regs-official--agency-ha--HA 4.05}

Wis. Admin. Code § HA 4.06 Service and filing {#sec-ha-4.06 omnilex-key=us-wi-regs-official--agency-ha--HA 4.06}

Wis. Admin. Code § HA 4.07 Amendments {#sec-ha-4.07 omnilex-key=us-wi-regs-official--agency-ha--HA 4.07}

Wis. Admin. Code § HA 4.08 Witness attendance; extension of time and postponement {#sec-ha-4.08 omnilex-key=us-wi-regs-official--agency-ha--HA 4.08}

Wis. Admin. Code § HA 4.09 Stipulations {#sec-ha-4.09 omnilex-key=us-wi-regs-official--agency-ha--HA 4.09}

Wis. Admin. Code § HA 4.10 Depositions {#sec-ha-4.10 omnilex-key=us-wi-regs-official--agency-ha--HA 4.10}

Wis. Admin. Code § HA 4.11 Rules of practice; selection of hearing site {#sec-ha-4.11 omnilex-key=us-wi-regs-official--agency-ha--HA 4.11}

Wis. Admin. Code § HA 4.12 Audio recording of formal hearings {#sec-ha-4.12 omnilex-key=us-wi-regs-official--agency-ha--HA 4.12}

Wis. Admin. Code § HA 4.13 Transcripts {#sec-ha-4.13 omnilex-key=us-wi-regs-official--agency-ha--HA 4.13}

Wis. Admin. Code § HA 4.14 Reports by practitioners and expert witnesses {#sec-ha-4.14 omnilex-key=us-wi-regs-official--agency-ha--HA 4.14}

Wis. Admin. Code § HA 4.15 Use of reports as evidence {#sec-ha-4.15 omnilex-key=us-wi-regs-official--agency-ha--HA 4.15}

Wis. Admin. Code § HA 4.16 Procedure and claims under ch. 40, Stats {#sec-ha-4.16 omnilex-key=us-wi-regs-official--agency-ha--HA 4.16}

Wis. Admin. Code § HA 4.17 Witness fees and travel reimbursement {#sec-ha-4.17 omnilex-key=us-wi-regs-official--agency-ha--HA 4.17}

Wis. Admin. Code § HA 4.18 Mediation conferences {#sec-ha-4.18 omnilex-key=us-wi-regs-official--agency-ha--HA 4.18}

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