Section 11.09. Proposed decision.

 

(1)   Contents. The proposed decision shall be in the same form and comply with the same standards as is required for a final decision. If the hearing examiner concludes that the decision may depend upon the interpretation of an ambiguous statute, the proposed decision shall include the hearing examiner's basis for concluding that the statute is ambiguous as a matter of law and a recommended interpretation giving the same weight to the interpretations of the department, attorney general and administrative rules as is required for a final decision. If the proposed decision does not dispose of an issue raised by a party, the hearing examiner shall state in the proposed decision why ch. 40 , Stats. , or this chapter does not permit such a disposition.

(2)   Copy to each party. A copy of the proposed decision shall be mailed to each party or the party's attorney of record, with notice of the opportunity to file an objection and the manner and time limit for doing so.

(3)   Objections. Any party may file a written objection to the proposed decision with the hearing examiner within 20 days of the date of the notice of the proposed decision. The party shall specify, in detail, the following:

(a) Each provision of the proposed decision to which the party objects and the basis for each objection.

(b) Each change the party requests the board to make in the proposed decision and the legal grounds for the change. If minor, the requested change may be described as a specific edit to the proposed decision. If extensive or major changes are requested, the party may attach a draft proposed decision, clearly marked as that party's draft, to that party's objections.

(c) Any written objections to the proposed decision shall be included in the record of the appeal that is forwarded to the board.

(4)   Argument. A party filing objections to a proposed decision shall attach to the objections a written copy of any argument by the party in support of the objections. The board shall consider only written arguments, timely filed with the objection. The board shall not entertain oral argument.

(5)   Agenda. Board staff shall place the appeal on the agenda for the regular board meeting next following the expiration of the time limit for filing objections. Board staff shall provide each board member with a copy of the record, including the proposed decision and the timely filed objections to the proposed decision. If board members would have less than 7 calendar days to review the record, proposed decision and timely objections, or the board's agenda is already full, the appeal may instead be added to the agenda of the subsequent regular board meeting. Nothing in this subsection shall prevent the board from electing to hear an appeal case at a special meeting of the board.

History: Cr. Register, June, 1992, No. 438 , eff. 7-1-92; CR 11-040 : am. (3) (intro.) Register July 2012 No. 679 , eff. 8-1-12; CR 11-044 : am. (1), (3) (intro.), cr. (3) (c) Register July 2012 No. 679 , eff. 8-1-12.

Note

The written objection shall be filed with the division of hearings and appeals at the following address: 5005 University Avenue Suite 201, P.O. Box 7875, Madison, WI 53707-7875. Microsoft Windows NT 6.1.7601 Service Pack 1