Section 3.05. Conduct of hearings.

  Hearings shall be conducted in conformance with this chapter and, as to all aspects not specified in this chapter, or in conflict with ch. 227 , Stats. , in conformance with ch. 227 , Stats. ;

(1)   Selection of hearing officer. The division shall request the appointment of a hearing officer within 45 days after receipt of a request under s. Game 3.03 . The hearing officer shall be appointed pursuant to s. 227.43 or 227.46 (1) , Stats. The hearing officer shall have all the powers and duties enumerated in ch. 227 , Stats. In addition, a hearing officer appointed pursuant to this section may:

(a) Upon objection to the admissibility of evidence, receive the disputed evidence subject to a subsequent ruling by the department;

(b) Exclude evidence upon the hearing officer's motion or motion of either party, but a party offering evidence that is ruled inadmissible shall be permitted to make a brief offer of proof with such ruling being subject to subsequent ratification by the department. Unless expressly overruled, such decision by the hearing officer shall be deemed ratified.

(2)   Official notice. The department and hearing officer may take official notice of:

(a) The customs and usages of racing upon which pari-mutuel wagering is conducted; and

(b) Matters within its specialized knowledge and expertise.

History: Cr. Register, March, 1990, No. 411 , eff. 4-1-90; am. (intro.) and (1) (a), r. (1) (a) 1., (c), (2) (a) to (c) and (3) (a) to (c), renum. (1) (a) 2. and 3. to be (1) (a) 1. and 2. and (1) (b) to be (2) and am. Register, November, 1999, No. 527 , eff. 12-1-99; CR 03-070 : am. (1) (intro.) Register November 2003 No. 575 , eff. 12-1-03 .