Section 6.09. Hearing to show cause.

 

(1)  The respondent shall have the right to request a hearing to show cause why the summary suspension order should not be continued until the effective date of the final decision and order in the disciplinary action against the respondent.

(2)  The request for hearing to show cause shall be filed with the licensing authority which issued the summary suspension order. The hearing shall be scheduled and heard promptly by the licensing authority or its delegate, but no later than 20 days after the filing of the request for hearing with the licensing authority, unless a later time is requested by or agreed to by the licensee.

(3)  At the hearing to show cause the petitioner and the respondent may testify, call, examine and cross-examine witnesses, and offer other evidence. 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. A respondent may inspect records under s. 19.35 , Stats., the public records law.

(4)  At the hearing to show cause the petitioner has the burden to show by a preponderance of the evidence why the summary suspension order should be continued.

(5)  Immediately upon conclusion of the hearing to show cause the licensing authority or its delegate shall make findings and an order on the record. If it is determined that the summary suspension order should not be continued, the suspended license shall be immediately restored.

Cr. Register, May, 1988, No. 389 , eff. 6-1-88; CR 14-019 : am. (2), (3), (5) Register August 2014 No. 704 , eff. 9-1-14.