Section 11.13. Record.

 

(1)  The hearing examiner and board staff shall create a record of each appeal which shall include:

(a) All applications, pleading, motions, intermediate rulings and exhibits and appendices.

(b) Evidence received or considered, stipulations and admissions.

(c) Statement of matters officially noticed.

(d) Questions and offers of proof, objections and rulings thereon.

(e) Any proposed findings or decisions and exceptions.

(f) Any decision, opinion or report by the board or hearing examiner.

(g) A record of oral proceedings, whether a stenographic, electronic or other record.

(h) Letters and e-mails sent to the hearing examiner or the board by a party.

(2)  The written record shall be maintained as an adjunct to the appropriate participant file, as determined by the department, until a final decision has been rendered and the time limit for all further judicial review has expired without an appeal being filed. Thereafter, only the portions of the record as deemed necessary for the administration of the department shall be retained.

(3)  The board staff shall arrange for a stenographic, electronic or other record of the hearing proceedings to be made. A written transcript of the hearing shall be prepared upon request of a party, the hearing examiner, the board or the department. If a written transcript is prepared, the stenographic, electronic or other record need not be retained.

(4)  When no written transcript is prepared, any party to the appeal and, subject to s. 40.07 , Stats., any other person may request a copy of the stenographic, electronic or other record of oral proceedings. The department shall provide a copy to authorized recipients and may charge fees as provided in s. ETF 10.71 .

History: Cr. Register, June, 1992, No. 438 , eff. 7-1-92; CR 11-044 : cr. (1) (h), am. (3) Register July 2012 No. 679 , eff. 8-1-12.