Section 2.14. Rules of evidence in contested cases.

 

(1)   Rules. Rules of evidence in contested cases are governed by s. 227.45 , Stats.

(2)   Admissibility. Evidence submitted at the time of hearing need not be limited to matters set forth in pleadings, petitions or applications. If variances of this nature occur, then the pleadings, petitions or applications shall be considered amended by the record. The administrative law judge may grant continuances as may be necessary to give other parties adequate time to prepare evidence to rebut that involved in any variances.

(3)   Technical data. When evidence to be presented consists of technical figures so numerous as to make oral presentation difficult to follow, it may be presented in exhibit form and supplemented and explained by oral testimony.

(4)   Petitions. Petitions or written communications not admissible as evidence may be filed with the administrative law judge but will not be part of the record.

(5)   Exhibits. Parties offering documentary exhibits or prepared testimony may be required by the administrative law judge to furnish copies to all other parties in advance of the hearings and to provide reasonable time as the administrative law judge may order to enable review of the prepared written testimony and exhibits. Upon compliance, written testimony and exhibits may be admitted in evidence as though given orally, providing the authors are present at the hearing and available for cross-examination.

(6)   Environmental impact statement. An environmental impact statement and all comments received by the department on it prior to the contested case hearing shall be received into the record of the contested case hearing under ss. 908.03 (6) and (8) and 227.45 , Stats. The environmental impact statement and comments received on it shall be considered along with hearing testimony in making a decision on the merits of the proposed action, and in making findings on compliance with s. 1.11 , Stats. Testimony regarding the content of the environmental impact statement or cross-examination of persons responsible for specific portions of the environmental impact statement shall be allowed, except as otherwise provided by law. No person may use an environmental impact statement or any portion thereof as the exclusive means of meeting a burden of proof of any statutory requirements for an approval, license or permit in a contested proceeding except upon stipulation of the parties.

History: Cr. Register, March, 1973, No. 207 , eff. 4-1-73; am. (1) and cr. (6), Register, March, 1984, No. 339 , eff. 4-1-84; r. and recr. (6), Register, June, 1985, No. 354 , eff. 7-1-85; am. (6), cr. (7), Register, January, 1987, No. 373 , eff. 2-1-87; corrections in (1) made under s. 13.93, (2m) (b) 7., Stats., Register, January, 1987, No. 373 ; CR 02-046 : am. (2) and (4) to (7) Register September 2004 No. 585 , eff. 10-1-04; CR 13-022 : r. (7) Register March 2014 No. 699 , eff. 4-1-14.