Section 20.10. Proceedings and hearings.

 

(1)   Grounds. Failure to comply with applicable federal and state statutes, regulations and rules, including failure to comply with any requirement regarding a video service franchise, may constitute grounds for the department to commence a proceeding or bring an action under s. 66.0420 , Stats., including a revocation proceeding under s. 66.0420 (3) (i) , Stats., and an action under s. 66.0420 (13) (c) , Stats.

(2)   Place and conduct. Unless otherwise ordered by the administrator, any proceeding or hearing shall be held at the department, shall be conducted and presided over by the administrator or such subordinate as may be designated to hear the matter, and shall be open to the public.

(3)   Form of papers. All pleadings, notices, orders and other papers filed in connection with any proceeding or hearing shall be printed or typewritten on paper 8 1/2 inches wide and 11 inches long, shall include the name and mailing address of the party and, if applicable, the party's representative, shall be dated, and shall be captioned:

BEFORE THE ADMINISTRATOR
WISCONSIN DEPARTMENT OF FINANCIAL INSTITUTIONS
DIVISION OF CORPORATE AND CONSUMER SERVICES

(4)   Filing of papers. The original of any pleadings, notices, orders and other papers in connection with any proceeding or hearing shall be filed with the administrator, and a copy shall be served or furnished, as the case may be, to any other party to the proceeding. Papers shall be served by first class or certified mail addressed to any party or the party's representative at the party's or representative's last known post office address, or personally delivered to or served upon the party or the party's representative. Papers required to be filed with the administrator under this section shall be mailed by first class or certified mail or delivered to the Administrator, Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services, 201 W. Washington Avenue, Suite 300, P.O. Box 7846, Madison, Wisconsin, 53707-7846.

(5)   Answer in contested cases. The respondent shall make an answer to a notice in a contested case. The answer shall be received by the administrator by the time and date indicated in the notice. The answer shall contain a specific denial of each of the numbered paragraphs and contents of the notice which are controverted by the respondent, and a statement of any new matter constituting a defense or affecting the respondent's situation which the respondent wishes to have considered. The answer shall identify those numbered paragraphs and contents of the notice which are not controverted by the respondent. Every numbered paragraph and contents of the notice which are not controverted in the answer shall be taken as true, but new matter in the answer shall be deemed controverted without any reply being served or filed. Failure to answer shall constitute a default, but such default may be excused upon proper showing and upon such terms as the administrator deems just.

(6)   Orders. The effective date of an order issued by the administrator shall be the date it is served, and service of the order shall be complete upon mailing by either United States first class or certified mail.

(7)   Transcript. A copy of a transcript of any proceeding or hearing prepared by the department shall be provided upon request and at a reasonable cost, as determined by the division, to any party to the hearing. A copy of any transcript of any proceeding or hearing prepared by a court reporting service shall be obtained from the service upon such terms and conditions as set by the service.

History: CR 08-041 : cr. Register September 2008 No. 633 , eff. 10-1-08; correction in (1) made under s. 13.92 (4) (b) 7. , Stats., Register September 2008 No. 633 ; correction in (4) made under s. 13.92 (4) (b) 6. , Stats., Register December 2012 No. 684 .