Section 1.14. Motions.

 

(1)   General. Except as provided under subch. III , a person requesting an order from the administrative law judge or final decisionmaker shall make that request in the form of a motion. A motion shall clearly describe the order sought, and the grounds for granting that order. A person may move the administrative law judge or final decisionmaker for any substantive or procedural order authorized by law, including either of the following:

(a) An order dismissing a party or case for lack of personal or subject matter jurisdiction. A motion to dismiss for lack of jurisdiction may be made at any point in the proceeding, but should be made as soon as the basis for the motion becomes apparent to the moving party.

(b) An order dismissing a case, prior to hearing, for failure to state a claim on which relief can be granted.

(2)   Form of motion. Every motion, except the following, shall be submitted in writing:

(a) A motion made orally at a prehearing conference or hearing, unless the administrative law judge requires that the motion be submitted in writing.

(b) An oral motion for an extension of time, if the administrative law judge agrees to hear that oral motion.

(3)   Written motions. A person filing a written motion shall comply with s. ATCP 1.13 (2) and (4) . If the moving person offers any affidavit, brief or other document in support of a motion, the moving person shall include a copy of that document with the motion.

(4)   Motion hearing; notice.

(a) Except as provided under par. (b) or (c) , the administrative law judge or final decisionmaker shall give all parties an opportunity to argue a motion before the administrative law judge or final decisionmaker rules on the motion. The administrative law judge shall notify every party of any scheduled motion hearing.

(b) Paragraph (a) does not prohibit a final decisionmaker from issuing a summary special order which is authorized by law.

(c) An administrative law judge or final decisionmaker may, on an ex parte basis, rule on a motion for extension of time.

Cr. Register, May, 1992, No. 437 , eff. 6-1-92; am. (1) (intro.), (2) (a), (b), (4) (a) and (c), Register, June, 1999, No. 522 , eff. 7-1-99.