Section 5.17. Papers; identification; form; filing; service.

 

(1)   Papers captioned. Except as otherwise permitted by the administrative law judge, each party shall, to the extent practicable, caption each pleading, notice, motion, brief, stipulation, decision, order and other paper filed in a contested case with all of the following:

(a)

1. If the contested case arises under ch. Ins 17 , the heading,"Board of the Patients Compensation Fund."

2. If the case arises out of a petition for a declaratory ruling by the HIRSP board, the heading, "Board of the Health Insurance Risk-sharing Plan."

3. In any other case, the heading, "Commissioner of Insurance."

(b) The name of the paper.

(c) The legal file number assigned to the contested case.

(d) The title of the contested case in the form, "In the Matter of . . ." followed by one of the following:

1. The name and designation of the petitioner in a class 1 proceeding.

2. The name and designation of each respondent in a class 2 proceeding.

3. The name and designation of the petitioner and the name and designation of one of the following respondents in a class 3 proceeding:

a. The Wisconsin compensation rating bureau in a contested case arising under s. 626.31 (4) , Stats., and s. Ins 5.09 (4) or s. 102.31 (4) , Stats., and s. Ins 5.09 (5) .

b. The Wisconsin insurance plan in a contested case arising under ss. Ins 4.10 (16) and 5.09 (6) .

c. The Wisconsin automobile insurance plan in a contested case arising under ss. Ins 3.49 (3) (d) 1. and 5.09 (7) .

d. The Wisconsin health care liability insurance plan, the patients compensation fund or both in a contested case arising under ss. Ins 5.10 (1) (a) or (c) and 17.24 (3) .

e. The Wisconsin health care liability insurance plan in a contested case arising under ss. Ins 5.10 (1) (b) and 17.25 (16) .

f. The patients compensation fund peer review council in a contested case arising under ss. Ins 5.10 (1) (c) and 17.285 (9) .

(2)   Form. Except as otherwise permitted or ordered by the administrative law judge, each paper filed shall comply with all of the following:

(a) It shall be printed or typewritten on only one side of 8-1/2 by 11 inch paper.

(b) It shall be signed by the party, by the party's attorney or, if the party is a corporation, limited liability company, partnership, cooperative or other association, by any of its officers or employees. The name and mailing address shall be printed or typewritten immediately after the signature.

(3)   Filing; service.

(a) Filing of a paper is complete upon its receipt by the office or the administrative law judge before 4:30 p.m. on any business day.

(b) Whenever a party files a paper in a contested case, that party shall, on the same date, serve a copy on every other party.

(c) By filing a paper in a contested case, the filing party certifies that he or she has served a copy on every other party as required by par. (b) . No other affidavit of mailing or service is required.

(d) If any party claims not to have received a copy of any filed paper, an affidavit of mailing constitutes presumptive proof of service.

(e) Mailing by the office to a person regulated by the office at the latest mailing address the person has on file with the office constitutes presumptive proof of service.

(f) Section 801.14 (2) , Stats., shall govern the method and completion of service of papers. Documents exceeding 15 pages in length may not be filed with the office or administrative law judge by facsimile transmission.

(g) Section 801.15 (5) , Stats., does not apply to proceedings under this chapter.

(4)   Copies to administrative law judge. If the office or a board, plan, fund or council is not a party to a contested case, each party shall furnish the administrative law judge with a copy of each paper served on the other parties except papers served in connection with discovery.

(5)   Address. Unless otherwise ordered by the administrative law judge, the address for serving and filing documents with the office, the PCF Board, the HIRSP board or the administrative law judge is: Office of the Commissioner of Insurance Attn: Legal Unit, 125 South Webster Street Floor 2, P. O. Box 7873, Madison, WI 53707-7873. Facsimile transmission number: 608-264-6228.

History: Cr. Register, March, 1996, No. 483 , eff. 4-1-96; correction in (5) made under s. 13.93 (2m) (b) 6., Stats., Register, February, 1999, No. 518 ; CR 04-131 : am. (5) Register June 2005 No. 594 , eff. 7-1-05; CR 09-022 : am. (3) (e) Register August 2009 No. 644 , eff. 9-1-09.