Section 1.08. Procedure.

  The procedures for a denial review proceeding are:

(1)   R EVIEW OF REQUEST FOR HEARING . Within 45 calendar days of receipt of a request for hearing, the credentialing authority or its designee shall grant or deny the request for a hearing on a denial of a credential or on a determination of cheating on an examination or a determination of breach of examination security. A request shall be granted if requirements in s. SPS 1.07 are met, and the credentialing authority or its designee shall notify the applicant of the time, place and nature of the hearing. If the requirements in s. SPS 1.07 are not met, a hearing shall be denied, and the credentialing authority or its designee shall inform the applicant in writing of the reason for denial. For purposes of a petition for review under s. 227.52 , Stats., a request is denied if a response to a request for hearing is not issued within 45 calendar days of its receipt by the credentialing authority.

(2)   Designation of presiding officer. An administrative law judge shall preside over denial hearings. The administrative law judge shall be employed by the department of administration.

(3)   Discovery. Unless the parties otherwise agree, no discovery is permitted, except for the taking and preservation of evidence as provided in ch. 804 , Stats. , with respect to witnesses described in s. 227.45 (7) (a) to (d) , Stats. An applicant may inspect records under s. 19.35 , Stats., the public records law.

(4)   B URDEN OF PROOF . The applicant has the burden of proof to show by evidence satisfactory to the credentialing authority that the applicant meets the eligibility requirements set by law for the credential. The office of examinations has the burden of proof to show by a preponderance of the evidence that the applicant cheated on an examination or breached examination security.

Cr., Register, July, 1996, No. 487 , eff. 8-1-96; CR 05-050 : am. (1) and (4) Register January 2006 No. 601 , eff. 2-1-06; correction in (1) made under s. 13.92 (4) (b) 7. , Stats., Register November 2011 No. 671 ; CR 13-077 : am. (2) Register April 2014 No. 700 , eff. 5-1-14.