Section 1.10. Administrative law judge's authority and duties.

 

(1)   Authority. An administrative law judge may, on behalf of the department and according to this chapter, preside over a contested case proceeding and issue orders regulating the conduct of the proceeding. In a contested case proceeding, unless otherwise provided by the secretary, the administrative law judge may do all of the following:

(a) Require the parties to submit supplementary pleadings in order to clarify positions or issues.

(b) Consolidate proceedings and order the joinder of parties, as appropriate.

(c) Admit intervenors as parties to a proceeding.

(d) Make procedural rulings and issue scheduling orders.

(e) Adjourn or postpone proceedings.

(f) Grant continuances or extensions of time.

(g) Administer oaths and affirmations.

(h) With the approval of the secretary, issue subpoenas to compel the attendance of witnesses and the production of documents.

(i) Make evidentiary rulings and receive relevant evidence.

(j) Regulate discovery proceedings, and issue orders to compel or limit discovery.

(k) Hold prehearing conferences.

(L) Preside over hearings and regulate the course of hearings.

(m) Require or permit the parties to file written briefs and arguments.

(n) Supervise the creation of the contested case record for that portion of the contested case that is conducted under the auspices of the administrative law judge.

(o) If necessary and with the secretary's approval, order and supervise the preparation of a written transcript of oral proceedings conducted before the administrative law judge.

(p) Issue proposed decisions.

(q) At the request of the final decisionmaker, advise the final decisionmaker on final decisions and orders.

(r) Impose or recommend sanctions for disobedient parties under s. ATCP 1.11 .

(s) Issue final decisions and orders if appointed as final decisionmaker by the secretary.

(t) Certify the contested case record for that portion of the contested case that is conducted under the auspices of the administrative law judge, if certification is necessary for a judicial review proceeding.

(2)   Limits on authority. The administrative law judge may not exercise any authority which is reserved to the secretary or final decisionmaker under this chapter, unless the secretary appoints the administrative law judge as final decisionmaker or delegates the secretary's authority to the administrative law judge in writing.

(3)   Impartiality.

(a) An administrative law judge shall withdraw from a contested case if the administrative law judge determines that there is a conflict of interest or other circumstance which prevents the administrative law judge from acting impartially, or which creates an undue appearance of bias.

(b) No person who participates in the investigation or advocacy of a case, or in the decision to initiate an enforcement action in that case, may act as administrative law judge in the case.

(c) An administrative law judge is not disqualified solely because of the administrative law judge's employment with the department, or solely because the administrative law judge has presided over cases involving the same parties, facts or issues in the past.

(4)   Ex parte communications. If an administrative law judge receives an ex parte communication which violates s. 227.50 (1) , Stats., the administrative law judge shall deal with the ex parte communication as provided under s. 227.50 (2) , Stats.

Cr. Register, May, 1992, No. 437 , eff. 6-1-92; am. (1) (intro.) and (2) to (4), Register, June, 1999, No. 522 , eff. 7-1-99; CR 09-054 : am. (1) (intro.), (h), (n), (o), (q), (t) Register December 2010 No. 660 , eff. 1-1-11.