Section 2.155. Decisions in contested cases.

 

(1)   Administrative law judge decision. The administrative law judge shall prepare findings of fact, conclusions of law and decision subsequent to each contested case heard. Unless the department petitions for judicial review as provided in s. 227.46 (8) , Stats., the decision shall be the final decision of the department, but may be reviewed in the manner described in s. NR 2.20 . Every decision shall include findings regarding compliance with the requirements of s. 1.11 , Stats., to the extent compliance with s. 1.11 , Stats., was at issue in the contested case.

(2)   Secretary decision.

(a) Notwithstanding sub. (1) , the secretary, prior to hearing, may direct that the record be certified to the secretary or secretary's designee for decision in accordance with the provisions of s. 227.46 (3) (b) , Stats., without an intervening decision by the administrative law judge.

(b) Notwithstanding sub. (1) , the secretary, prior to hearing, may direct that the decision be made in accordance with the provisions of s. 227.46 (2) or (4) , Stats.

(3)   Parties. Pursuant to s. 227.47 , Stats., the administrative law judge under sub. (1) , or the secretary or secretary's designee under sub. (2) , shall include in the decision a list of the names and addresses of all persons who appeared at the hearing and who are considered parties for purposes of review under s. 227.53 , Stats. This list may differ from the list of parties prepared under s. NR 2.08 , and shall be based on all of the following criteria:

(a) Nature of agency proceeding.

(b) Nature and effect of decision made.

(c) Nature of participation by those involved in the proceeding, including attendance at hearings and presentation of oral or written statements.

History: Cr. Register, December, 1976, No. 252 , eff. 1-1-77; emerg. am. (2) (a), eff. 10-1-82; am. (2) (a), Register, May, 1983, No. 329 , eff. 6-1-83; am. (1), Register, June, 1985, No. 354 , eff. 7-1-85; am. (1), Register, September, 1986, No. 369 , eff. 10-1-86; CR 02-046 : am. (1) and (2) cr. (3) Register September 2004 No. 585 , eff. 10-1-04.