Section 3.06. Decisions.

 

(1)   Proposed decisions.

(a) In all cases in which a proposed decision is required by s. 227.46 (2) , Stats., the hearing officer shall within 7 working days of the close of the presentation of evidence and arguments by the parties, prepare and submit to the department a proposed decision meeting the requirements of s. 227.46 (2) , Stats. Within 24 hours of receipt of the decision the department shall serve on all parties a copy of the proposed decision. Each party adversely affected by the proposed decision shall, within 7 working days of receipt of the proposed decision, file any objections to the proposed decision in writing.

(b) In all other cases, unless otherwise directed by the administrator pursuant to written order upon appointment of a hearing officer, the department shall base its decision on the record certified to it by the hearing officer without a proposed decision as set forth in s. 227.46 (3) (b) , Stats., subject to any rulings on motions or objections.

(2)   Final decision. The department shall review the record in its entirety before rendering a decision.

(3)   Contested decision. If a court of competent jurisdiction or any administrative hearing examiner holds any part of a decision to issue a license by the division pursuant to s. 562.05 (1) (a) , (b) , (c) , (d) or (e) , Stats., invalid or otherwise unenforceable, such holding shall not affect the validity of the remainder of the decision, unless this result is directed in the order of the court.

History: Cr. Register, March, 1990, No. 411 , eff. 4-1-90; am. Register, November, 1999, No. 527 , eff. 12-1-99; CR 03-070 : cr. (3) Register November 2003 No. 575 , eff. 12-1-03 .