Section 3.14. Conduct of hearing.

 

(1)   Administrative law judge. The hearing shall be presided over by an administrative law judge designated pursuant to s. SPS 3.09 .

(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 division 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 administrative law judge may require the filing of briefs.

(5)   Motions.

(a) How made. An application to the administrative law judge for an order shall be by motion which, unless made during a hearing or prehearing conference, shall be in writing, state with particularity the grounds for the order, and set forth the relief or order sought.

(b) Filing. A motion shall be filed with the administrative law judge and a copy served upon the opposing party not later than 5 days before the time specified for hearing the motion.

(c) Supporting papers. Any briefs or other papers in support of a motion, including affidavits and documentary evidence, shall be filed with the motion.

(6)   Adjournments. The administrative law judge 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) An administrative law judge may issue protective orders according to the provisions of s. 805.07 , Stats.

(8)   Location of hearing. All hearings shall be held at the offices of the department in Madison unless the administrative law judge 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, July, 1993, No. 451 , eff. 8-1-93; correction in (1) made under s. 13.92 (4) (b) 7. , Stats., Register November 2011 No. 671 .