Section 2.15. Conduct of hearing.

 

(1)   Presiding officer. The hearing shall be presided over by a member of the disciplinary authority or an administrative law judge designated pursuant to s. SPS 2.10 .

(2)   Record. A stenographic, electronic or other record shall be made of all hearings in which the testimony of witnesses is offered as evidence.

(3)   Evidence. The complainant and the respondent shall have the right to appear in person or by counsel, to call, examine, and cross-examine witnesses and to introduce evidence into the record.

(4)   Briefs. The presiding officer may require the filing of briefs.

(5)   Motions. All motions, except those made at hearing, shall be in writing, filed with the presiding officer and a copy served upon the opposing party not later than 5 days before the time specified for hearing the motion.

(5m)   Summary judgement. The parties may use the summary judgment procedure provided in s. 802.08 , Stats.

(6)   Adjournments. The presiding officer may, for good cause, grant continuances, adjournments and extensions of time.

(7)   Subpoenas.

(a) Subpoenas for the attendance of any witness at a hearing in the proceeding may be issued in accordance with s. 885.01 , Stats. Service shall be made in the manner provided in s. 805.07 (5) , Stats. A subpoena may command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein.

(b) A presiding officer may issue protective orders according to the provision the provisions of s. 805.07 , Stats.

(8)   Location of hearing. All hearings shall be held at the offices of the department of safety and professional services in Madison unless the presiding officer determines that the health or safety of a witness or of a party or an emergency requires that a hearing be held elsewhere.

Cr. Register, October, 1978, No. 274 , eff. 11-1-78; am. (1), (5) and (6), cr. (8), Register, June, 1992, No. 438 , eff. 7-1-92; correction in (1), (8) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register November 2011 No. 671 ; CR 14-019 : cr. (5m) Register August 2014 No. 704 , eff. 9-1-14.