Section 2.08. Persons entitled to participate in contested case hearings.

 

(1)  In addition to the parties, any member of the public may participate in any department contested case hearing.

(2)  Any person desiring to participate in a department contested case hearing, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address, the name and address of any person being represented, and the capacity in which he or she is representing the person. A person may enter his or her appearance either prior to or at the commencement of a contested case hearing.

(4)  Any documents concerning a contested case hearing filed with the department or the administrative law judge prior to issuance of a final decision in the case shall be served by the person filing the documents on all persons who are identified as parties under sub. (6) .

(5)  The department or the administrative law judge may require persons who wish to be parties to a contested case hearing to attend a prehearing conference. In such a circumstance, the notice of the prehearing conference shall be published in the same manner as is required for notice of hearing. If the notice of hearing is not required to be published, the administrative law judge may cause to be published a notice of the prehearing conference as a class 1 notice under ch. 985 , Stats. , in the official newspaper designated under s. 985.04 or 985.05 , Stats., or, if none exists, in a newspaper likely to give notice in the area affected. The department or the administrative law judge may, under sub. (6) identify parties at a prehearing conference. One notice may be used for both the prehearing conference and the hearing.

(6)  The department or the administrative law judge shall identify and maintain a list of persons who are recognized as parties to the contested case hearing. A person does not need to be represented by legal counsel to be a party to or participate in a contested case hearing. This list may be adjusted by the department or the administrative law judge as necessary through the course of the hearing. The list of parties required by s. NR 2.155 (3) , for purposes of review under s. 227.53 , Stats., may differ from the list required by this section.

(7)  Persons listed as parties under s. 227.47 , Stats., and s. NR 2.155 (3) , shall be served with exhibits, pleadings, correspondence and other documents submitted by parties after issuance of the decision, including those documents specified in ss. 227.44 (7) , 227.49 and 227.50 (2) , Stats. The persons shall also be served with petitions for judicial review.

History: Cr. Register, March, 1973, No. 207 , eff. 4-1-73; am. (2), Register, July, 1978, No. 271 , eff. 8-1-78; r. and recr. Register, March, 1984, No. 339 , eff. 4-1-84; correction in (6) (intro.) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, Janu ary, 1987, No. 373 ; CR 02-046 , am. (1), (2), (4), (5), (6) and (7), r. (3), and (6) (a) to (c) Register September 2004 No. 585 , eff. 10-1-04.