Section 11.04. Hearing examiner.

 

(1)   Examiner to hear appeal. A hearing examiner shall preside over each appeal to the board.

(2)   Qualifications. The department shall contract with a person to serve as a hearing examiner. The person shall be an attorney or administrative law judge knowledgeable in administrative law practice and ch. 40 , Stats. , or similar statutory benefit programs, or a person deemed otherwise qualified by the board. No person who directly participated in making the determination appealed from may be designated or serve as hearing examiner.

(3)   Impartiality. The hearing examiner shall perform all functions in an impartial manner. An examiner shall disqualify himself or herself with respect to a particular appeal if by reason of personal interest in, or knowledge of the determination appealed from, he or she is unable to act fairly or impartially. If bias of the hearing examiner is raised as an issue, the hearing examiner shall determine that issue as part of the appeal. The board shall appoint or contract with another hearing examiner if the original hearing examiner is disqualified.

(4)   Powers. In addition to other powers expressly granted or delegated to the hearing examiner by this chapter, the hearing examiner may:

(a) Administer oaths.

(b) Issue, quash and enforce subpoenas.

(c) Rule on offers of proof and receive relevant evidence at hearing.

(d) Take a deposition authorized by this chapter.

(e) Dispose of procedural requests or similar matters.

(f) Limit testimony to only those matters which are disputed.

(g) Rule on all objections and motions made prior to issuance of the proposed decision.

(h) Require briefs.

(5)   Duties. The hearing examiner shall have the following duties:

(a) The hearing examiner shall conduct the hearing, and any pre-hearing conference.

(b) For purposes of proceeding to a hearing, the hearing examiner shall determine the parties having a substantial interest in the appeal. The hearing examiner shall exclude as a party any person not having a substantial interest in the issues raised.

(c) When authorized by this chapter or by motion of the board, the hearing examiner shall prepare the final decision in the form required by this chapter.

(d) Except when authorized to make the final decision of an appeal, the hearing examiner shall prepare a proposed decision for the consideration of the board.

(e) A hearing examiner who receives an ex parte communication, other than a communication described in s. 227.50 (1) (a) 1m. and (1) (am) 1. through 3. , Stats., shall make a record of the violation, and notify all parties.

(6)   Mailing address.

(a) The hearing examiner's mailing address, unless otherwise specified by the hearing examiner is:

c/o Appeals Coordinator
Department of Employee Trust Funds
P.O. Box 7931
Madison, Wisconsin 53707

(b) A party sending any communication or document to the hearing examiner by mail, e-mail, or facsimile shall also provide a copy to each party, including the department. This requirement does not pertain to the appeals coordinator or other board staff when submitting documents for the hearing examiner's signature for subsequent mailing to all parties.

(7)   Final decision-making authority. The hearing examiner shall make the final decision of the board only if authority to make the final decision is expressly delegated to the examiner in this chapter or if final decision making authority in a particular appeal is granted in a motion adopted by the board.

(8)   Examiner's file. In the course of presiding over the appeal, the hearing examiner shall maintain the official record of the appeal, as well as filing correspondence to the examiner relating directly to the appeal but not part of the record. The hearing examiner may delegate some or all of this responsibility to board staff. After preparing the final or proposed decision, the hearing examiner shall forward the record and hearing examiner's file to the appeals coordinator for the department. The examiner's personal notes shall not be forwarded to the department and are not part of the official record. Disposition of the examiner's personal notes is at his or her discretion.

History: Cr. Register, June, 1992, No. 438 , eff. 7-1-92; CR 11-040 : am. (6) (b) Register July 2012 No. 679 , eff. 8-1-12; CR 11-044 : am. (2), (8) Register July 2012 No. 679 , eff. 8-1-12; CR 14-055 : am. (5) (e) Register May 2015 No. 713 , eff. 6-1-15.