Section 3.09. Administrative law judge.

 

(1)   Designation. Administrative injunction proceedings shall be presided over by an administrative law judge. The administrative law judge shall be an attorney in the department designated by the department general counsel, an employee borrowed from another agency pursuant to s. 20.901 , Stats., or a person employed as a special project or limited term employee by the department. The administrative law judge may not be an employee in the division.

(2)   Authority. An administrative law judge designated under this section has the authority described in s. 227.46 (1) , Stats. Unless otherwise directed under s. 227.46 (3) , Stats., an administrative law judge shall prepare a proposed decision, including findings of fact, conclusions of law, order and opinion, in a form that may be adopted by the department as the final decision in the case.

(3)   Service of proposed decision. The proposed decision shall be served by the administrative law judge on all parties with a notice providing each party adversely affected by the proposed decision with an opportunity to file with the department objections and written argument with respect to the objections. A party adversely affected by a proposed decision shall have at least 10 days from the date of service of the proposed decision to file objections and argument.

Cr. Register, July, 1993, No. 451 , eff. 8-1-93.