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Wisconsin Administrative Code › Parole Commission › Chapter PAC 1 - General provisions › Section PAC 1.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Chairperson" means the chairperson of the commission. "Chairperson" includes a commissioner who is designated by the chairperson to perform a specific assignment or duty.
(2) "Commission" means the parole commission, including the chairperson and commissioners.
(3) "Commissioner" means a member of the parole commission, including the chairperson.
(4) "Deferral" means an action by a commissioner, which follows release consideration and which denies release for a specified period of time.
(5) "Denial" means an action by a commissioner which denies early release to extended supervision or release prior to mandatory release.
(6) "Department" means the department of corrections.
(7) "Direct input" means the opportunity for the victim to communicate with the commission regarding the offender's release.
(8) "Extended supervision" means the portion of a bifurcated sentence imposed under s. 973.01, Stats., wherein the individual is released by the department to supervision in the community.
(9) "Extraordinary health condition" means a condition afflicting a person such as advanced age, infirmity or disability of the person or a need for medical treatment or services not available within a correctional institution.
(10) "Family member" means spouse, domestic partner under ch. 770, Stats., minor child, adult child, sibling, parent or legal guardian.
(11) "File review" means release consideration that takes place outside the presence of the inmate.
(12) "Informational deferral" means an action by a commissioner to hold release consideration in abeyance.
(13) "Mandatory release" or "MR" means the release of an inmate by the department to community supervision as provided under s. 302.11(1), Stats.
(14) "No action" means release consideration that has been referred to the chairperson or the full commission.
(15) "Parole grant or release to extended supervision order" means the action by the chairperson, ordering the release of an inmate on or after a specified date to supervision by the department, to begin serving a sentence under 1997 Wis. Act 283, or to another case or sentence or count under s. 973.01, Stats.
(16) "Parole or release to extended supervision eligible" means qualified to be considered for release under ch. 302 or 304, Stats.
(17) "Presumptive mandatory release date" or "PMR" means the date that an eligible inmate may be released on parole unless the commission denies release under s. 302.11(1g) (b), Stats.
(18) "Release consideration" means the process by which a commissioner reviews relevant information concerning an inmate who is approaching eligibility for parole or release to extended supervision.
(19) "Victim" means a person against whom a crime has been committed or a victim's family member.
Wisconsin Administrative Code › Parole Commission › Chapter PAC 1 - General provisions › Section PAC 1.04 - Purpose of release consideration

Current through June 24, 2024
The purpose of release consideration is to evaluate all of the following factors:
(1) Depreciation of the seriousness of the offense resulting from early release.
(2) Risk to the community.
(3) Reasonable certainty of a crime-free reintegration of the inmate into society.
Wisconsin Administrative Code › Parole Commission › Chapter PAC 1 - General provisions › Section PAC 1.05 - Eligibility for release consideration

Current through June 24, 2024
(1) INITIAL ELIGIBILITY. The commission shall not consider for parole or release to extended supervision any person who is sentenced to the department's custody until the person has been confined at least 60 days following sentencing.
(2) PAROLE ELIGIBILITY.
(a)
Early parole consideration.
For persons sentenced for offenses committed before December 31, 1999, the chairperson may waive the 25% service of sentence requirement under s. 304.06(1) (b), Stats., if the chairperson determines that extraordinary circumstances warrant an earlier parole consideration and the sentencing court, district attorney, and the victim, if available, have been notified and permitted to comment upon the proposed recommendation.
(b)
Initial parole eligibility.
For persons sentenced for offenses committed before December 31, 1999, the inmate's eligibility for discretionary parole will be determined under s. 304.06, Stats.
(c)
Subsequent parole eligibility.
1. When incarceration follows parole revocation without the imposition of a new sentence, parole eligibility shall be established at 6 months from the date of return to the institution, less sentence credit under s. 973.155(1), Stats.
2. When incarceration follows parole revocation and involves the imposition of a new sentence, parole eligibility shall be established at 6 months from the custody date, less sentence credit under s. 973.155(1), Stats., or in accordance with the eligibility date of the new sentence.
3. When incarceration follows parole revocation and initial release consideration occurs, the imposition of a new sentence may affect parole eligibility if the 25% service requirement under s. 304.06(1) (b), Stats., of the new sentence results in a date that is later than the parole eligibility date that the commission establishes at initial consideration.
Wisconsin Administrative Code › Parole Commission › Chapter PAC 1 - General provisions › Section PAC 1.06 - Release consideration

Current through June 24, 2024
(1) Except as provided in s.      PAC 1.05(1), for persons sentenced for offenses that occurred before December 31, 1999, the initial release consideration shall be scheduled during the month prior to the date of first statutory eligibility for parole, unless waived in writing by the inmate, the inmate is not available, in which case the commissioner will set a new interview date, or the inmate has been transferred after which an interview will be scheduled as soon as practicable.
(2) Except as provided in s.      PAC 1.05(1), for persons sentenced under s. 973.01, Stats., the inmate will be scheduled for release consideration prior to the earliest eligibility date established under s. 304.06(1) (bg), Stats., if practicable.
(3) After initial consideration, the commission may schedule a subsequent review to determine if the inmate meets the criteria for release.
(4) The institution responsible for scheduling release consideration shall give the inmate at least a 15-day written notice of the interview, except following an informational deferral, in which case subsequent notification is not required. When notification is not timely, the inmate may waive the 15-day requirement. If the inmate does not waive, consideration will be postponed until notice can be given. The notice of consideration for release shall address the criteria under sub. (15).
(5) The chairperson may assign one or more commissioners to conduct a release consideration interview.
(6) The inmate shall have access at the correctional institution where the inmate is confined to the documentary information which the commissioner considered, except information determined to be confidential may not be disclosed.
(7) During the release consideration interview, the inmate shall be afforded the opportunity to provide information that is relevant, material, and not unduly repetitious, including the opportunity to comment on perceived errors of material fact in the record.
(8) The commissioner's decision shall be based on information available, including file material, victim's statements if applicable, and any other relevant information.
(9) A deferral greater than 12 months requires the written approval of the chairperson.
(10) The interview shall be recorded. A transcript shall be prepared only upon an order of the court which has jurisdiction over a petition for judicial review of the decision.
(11) Release consideration may occur without the inmate present when one of the following circumstances occurs:
(a) The inmate had an interview within the preceding 12 months.
(b) It is not practicable to arrange for an interview within the timeframe for considering release and the interest of justice as well as that of the inmate would best be served by a file review.
(c) The inmate is in segregation status.
(d) The inmate is within two months of MR or release to extended supervision.
Wisconsin Administrative Code › Parole Commission › Chapter PAC 1 - General provisions › Section PAC 1.08 - Release due to extraordinary health condition or age

Current through June 24, 2024
(1) ELIGIBILITY. An inmate serving a bifurcated sentence imposed under s. 973.01, Stats., or, notwithstanding s. 973.014(1g) (a) or (2), Stats., serving a life sentence imposed under s. 973.014, Stats., may petition the commission for modification of the inmate's sentence to be released to extended supervision if the inmate meets one of the following eligibility criteria:
(a) The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in the prison portion of the bifurcated sentence for a sentence imposed under s. 973.01, Stats., or has served at least 5 years for a life sentence imposed under s. 973.014, Stats.
(b) The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in the prison portion of the bifurcated sentence for a sentence imposed under s. 973.01, Stats., or has served at least 5 years for a life sentence imposed under s. 973.014, Stats.
(c) The inmate has an extraordinary health condition.
Wisconsin Administrative Code › Parole Commission › Chapter PAC 1 - General provisions › Section PAC 1.09 - Presumptive mandatory release review

Current through June 24, 2024
(1) For an inmate who is subject to PMR and who has been deferred to the mandatory release date of the PMR offense or has waived consideration but is approaching the mandatory release date, a commissioner shall conduct a review two months prior to the mandatory release date.
(2) The institution responsible for scheduling release consideration shall give the inmate at least a 15-day written notice of the interview. When notification is not timely, the 15 day requirement may be waived by the inmate. If the inmate does not waive, consideration will be postponed until notice can be given.
(3) An inmate may waive appearance at the interview, which will result in the commissioner issuing a decision based on available information.
(4) If an inmate is unavailable for the interview, a commissioner may issue a decision based on available information or may re-schedule an interview if time allows.
(5) The inmate shall have access at the correctional institution where the inmate is confined to the documentary information considered by the commissioner, except information determined to be confidential may not be disclosed.
(6) During the PMR interview, the inmate shall be afforded the opportunity to provide relevant information for the commissioner's consideration including the opportunity to comment on perceived errors of material fact in the record.
(7) The commissioner's decision shall be based on information available, including file material and any other relevant information.
(8) Presumptive mandatory release may be denied for protection of the public or due to refusal by the inmate to participate in counseling or treatment deemed necessary.
(9) If a commissioner denies PMR release, the commission shall schedule a subsequent review to consider whether circumstances have changed and the inmate meets the criteria for release.
(10) An inmate may be held until his or her maximum discharge date.
(11) If the commissioner does not deny PMR, the inmate shall be released to parole supervision.
(12) The interview shall be recorded. A transcript shall be prepared only upon an order of the court which has jurisdiction over a petition for judicial review of the decision.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 1 - Authorization and general provisions › Section PC 1.01 - Authorization

Current through June 24, 2024
The rules in chs.   PC 1   to  6   are adopted by the commission
				pursuant to ss. 230.44(4) (bm),
				230.45(1) (i) and
				(3) and
				230.89(1),
				Stats., and relate to the commission's jurisdiction under s.
				230.45, Stats.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 1 - Authorization and general provisions › Section PC 1.02 - Definitions

Current through June 24, 2024
In the commission's rules:
(1) "Agency" means an association, authority,
			 board, commission, department, independent agency, institution, office, society
			 or other body in state government created or authorized to be created by the
			 constitution or any law.
(2)
			 "Appeal" means a written request for relief filed with the commission and
			 relating to one or more employment actions where the statutory basis for review
			 does not provide for the commission to conduct an investigation.
Note: This definition includes actions filed under s.
				230.45(1) (a) and
				(d), Stats., and grievances filed under s.
				230.45(1) (c),
				Stats.
(3) "Appellant"
			 means a person who, alone or with others, has filed an appeal.
(4) "Case" means a complaint or an
			 appeal.
(5) "Chairperson" means the
			 chairperson of the commission.
(6)
			 "Commission" means the personnel commission.
(7) "Commissioner" means a member of the
			 commission.
(8) "Complainant" means
			 a person who, alone or with others, has filed a complaint.
(9) "Complaint" means a written request for
			 relief filed with the commission and relating to one or more employment actions
			 where the statutory basis for review provides for the commission to conduct an
			 investigation.
Note: This definition includes actions filed under s.
				230.45(1) (b), (g), (gm) and
				(j), and s.
				103.10(12),
				Stats., which include fair employment act discrimination including fair
				employment act retaliation and claims of unfair genetic or honesty testing,
				public employee safety and health retaliation, "whistleblower" retaliation,
				discrimination for elder abuse reporting, and family or medical leave act
				claims.
(10) "Filing" means
			 the physical receipt of a document at the commission's office.
(11) "Hearing examiner" means the person
			 designated by the commission pursuant to s.
			 227.46(1),
			 Stats., to preside over an administrative hearing.
(12) "Meeting" means a convening of the
			 commissioners that falls within the definition set forth in s.
			 19.82(2),
			 Stats.
(13) "Party" means a
			 petitioner or a respondent.
(14)
			 "Petitioner" means an appellant or a complainant.
(15) "Presiding authority" means the hearing
			 examiner or, where the hearing is before the commission as a whole, the
			 commissioners.
(16) "Probable
			 cause" means a reasonable ground for belief, supported by facts and
			 circumstances strong enough in themselves to warrant a prudent person to
			 believe that a violation probably has been or is being committed as alleged in
			 the complaint.
(17) "Respondent"
			 means the person or state agency whose interests are adverse to those of the
			 petitioner or who will be directly affected by the commission's
			 decision.
(18) "Representative"
			 means an attorney or any other agent of a party who has been authorized by the
			 party to provide representation before the commission, where authorized by
			 law.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 1 - Authorization and general provisions › Section PC 1.03 - Parties

Current through June 24, 2024
(1) CHANGE OF ADDRESS. Parties shall promptly
			 notify the commission, in writing, of any change of address during the pendency
			 of the case.
(2) SUBSTITUTION. If a
			 petitioner dies during the pendency of a case, the deceased petitioner's
			 successor or personal representative shall, upon motion, be substituted for the
			 petitioner. A case shall be held open for a reasonable period to permit
			 substitution by the successor or personal representative.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 1 - Authorization and general provisions › Section PC 1.04 - Representatives

Current through June 24, 2024
(1) A party is entitled to appear in person
			 or by or with the party's representative in any case before the commission
			 except as otherwise prohibited by law. The representative shall be presumed to
			 have full authority to act on behalf of the party, including the authority to
			 file or withdraw a case.
(2) One
			 who has entered an appearance as the representative of a party shall be
			 considered as the representative of that party unless and until a written
			 withdrawal of representation is filed.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 1 - Authorization and general provisions › Section PC 1.05 - Filing and service of papers

Current through June 24, 2024
(1) With the
			 exception of the initial complaint and the initial appeal which will be served
			 by the commission pursuant to s.
			 PC 3.03, and
			 papers that are filed as part of an investigation, all papers filed by a party
			 with the commission shall also be served by that party on all other parties to
			 the case.
(2) Papers may be served
			 either personally or by mail. Service by mail is complete upon mailing. That
			 is, for purposes of service, the effective date is the date of mailing, not
			 receipt. Filing is complete on receipt.
(3) The filing of any paper required to be
			 served constitutes a certification that a copy of the paper has been timely
			 served on all parties required to be served unless the person filing the paper
			 states otherwise in writing. No affidavit, certificate, or admission of service
			 need be filed with the commission.
(4) When a party is represented by a
			 representative, service shall be made upon that representative. For purposes of
			 service, where more than one petitioner has filed the case, the first-named
			 petitioner shall be considered the sole petitioner, unless another petitioner
			 is specifically identified as the agent for service.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 1 - Authorization and general provisions › Section PC 1.07 - Time

Current through June 24, 2024
Unless otherwise provided by chs.   PC 1   to  6, orders of a
				hearing examiner or of the commission and time periods set forth in
				correspondence from the commission, commissioners or staff shall refer to
				calendar days. The day an order is made or entered shall not count as one of
				the prescribed days. The last day of the period so computed shall be included,
				unless it is a Saturday, a Sunday or a legal holiday in which case the last day
				shall be the next day that is neither a Saturday, a Sunday or a legal holiday.
				As used in this section "legal holiday" means any holiday listed in s.
				230.35(4) (a),
				Stats.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 1 - Authorization and general provisions › Section PC 1.08 - Motions

Current through June 24, 2024
(1) HOW MADE. An application to the hearing
			 examiner or the commission for an order shall be by motion which, unless made
			 during a hearing or a prehearing conference, shall be made in writing, shall
			 state with particularity the grounds therefor, and shall set forth the relief
			 or order sought.
(2) SUPPORTING
			 PAPERS. Any briefs or other papers in support of a motion, including affidavits
			 and documentary evidence, shall be filed with the motion.
(3) MOTIONS TO DISMISS FOR LACK OF SUBJECT
			 MATTER JURISDICTION. Any party may move at any time to dismiss a case on the
			 ground the commission does not have subject matter jurisdiction. The commission
			 may raise issues on its own motion relating to its jurisdiction to hear the
			 matter or some matter raised in an appeal or complaint. Each party shall be
			 afforded an opportunity to file written arguments regarding the
			 motion.
Because a case will normally be dismissed if a jurisdictional
				  objection is sustained, any motion to dismiss due to lack of subject matter
				  jurisdiction should be filed as soon as the basis for it becomes apparent.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 1 - Authorization and general provisions › Section PC 1.10 - Consolidation

Current through June 24, 2024
The commission may order consolidation of any case with any
				other case involving the same parties or one or more issues arising
				substantially out of the same circumstances or closely related circumstances.
				Consolidation may be for investigation, hearing, decision or a combination
				thereof. Nothing in this section limits the right of a party to make a motion
				to consolidate or to object to the commission's motion.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 1 - Authorization and general provisions › Section PC 1.13 - Pay status for state employee parties and state employee witnesses in commission cases

Current through June 24, 2024
(1) PAY STATUS OF STATE EMPLOYEE PARTIES.
			 State civil service employees who, as parties, are interviewed as part of
			 commission investigations or appear at prehearing conferences, conciliation
			 sessions, oral arguments or hearings, whether held in person or via telephone,
			 shall do so without loss of state salary and with reimbursement by the
			 employing agency for travel expenses in accordance with the uniform travel
			 schedule amounts established under s.
			 20.916(8),
			 Stats.
(2) PAY STATUS OF STATE
			 EMPLOYEE WITNESSES. State civil service employees who are interviewed as part
			 of commission investigations or attend hearings, whether held in person or via
			 telephone, as witnesses shall do so without loss of state salary and with
			 reimbursement by the employing agency for travel expenses in accordance with
			 the uniform travel schedule amounts established under s.
			 20.916(8),
			 Stats., unless the hearing examiner or the commission determines that their
			 testimony was or would have been irrelevant, immaterial or unduly
			 repetitious.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 3 - Filing appeals › Section PC 3.01 - Time limits and address for filing appeals

Current through June 24, 2024
All appeals shall be filed according to the appropriate time
				limits established by statute or rule and shall be filed at the office of the
				commission. The time limit for filing any appeals with the commission pursuant
				to s. 230.45(1) (d),
				Stats., shall be 30 days after the effective date of the action, or 30 days
				after the appellant is notified of the action, whichever is later.
Note:
The mailing address of the commission
				is:
Wisconsin Employment Relations Commission 4868 High Crossing
				Blvd. Madison, WI 53704-7403
According to s.
				230.44(3),
				Stats., appeals filed under s.
				230.45(1) (a),
				Stats., "may not be heard unless the appeal is filed within 30 days after the
				effective date of the action, or within 30 days after the appellant is notified
				of the action, whichever is later..."
Decisions grieved to the commission as the final step arbiter
				under s. 230.45(1) (c),
				Stats., must, according to s.
				ER
				46.07(2), "be filed within 30
				calendar days after service of a decision issued at the third step of the
				grievance procedure... or within 30 calendar days after the last day on which
				the employer could have served a timely decision, whichever is sooner."
Appeals filed under s.
				230.45(1) (d),
				Stats., of denials of claims for leave with pay due to hazardous duty injury
				must, according to s.
				ER
				28.06, be filed "within 30 calendar days after being
				notified of such decision or within 30 calendar days from the effective date of
				the decision, whichever is later."
Wisconsin Administrative Code › Personnel Commission › Chapter PC 3 - Filing appeals › Section PC 3.02 - Fees for filing appeals

Current through June 24, 2024
(1) Notwithstanding s.
			 230.44(3),
			 Stats., and s.
			 PC 3.01, payment
			 of a fee or filing of a hardship affidavit in lieu of fee payment is required
			 for appeals subject to the fee payment of s.
			 230.45(3),
			 Stats.
Note:
Appeals subject to the fee payment of s.
				230.45(3),
				Stats., include appeals filed under:
1) s.
			 230.44(1) (a),
			 Stats. (relating to personnel decisions made or delegated by the administrator
			 of the Division of Merit Recruitment and Selection),
2) s.
			 230.44(1) (b),
			 Stats. (relating to personnel decisions made or delegated by the Director of
			 the Office of State Employment Relations - including classification
			 decisions),
3) s.
			 230.45(1) (c),
			 Stats. (relating to final step arbitration under s.
			 230.04(14),
			 Stats.), or
4) s.
			 230.45(1) (e),
			 Stats. (relating to the county merit system rules under s. 49.50, Stats.).
Note:
Section
				230.45(1) (e),
				Stats., was repealed by 2009 Wis. Act 212.
Note:
Section 49.50, Stats., was repealed by 2011
				Wis. Act 32.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 3 - Filing appeals › Section PC 3.03 - Appeals

Current through June 24, 2024
(1) FORM AND CONTENT. All appeals shall be in
			 writing. Otherwise, there is no form that is to be used for filing an appeal.
			 Appeals are not required to conform to any technical requirements except they
			 shall identify the appellant. However, appeals should also contain the
			 following:
(a) The appellant's address and
			 telephone numbers at work and at home.
(b) The name of the state agency that took
			 the personnel action being appealed.
(c) The facts forming the basis for the
			 appeal.
(d) The reason the
			 appellant believes the action to be improper.
(e) The relief or remedy requested.
(f) A copy of any written decision being
			 appealed.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 4 - Prehearing practice and discovery › Section PC 4.01 - Prehearing conferences

Current through June 24, 2024
(1) PURPOSE. Prehearing conferences are
			 intended to provide an opportunity to formulate a statement of the issue or
			 issues presented by a case, to identify potential witnesses, to attempt to
			 reconcile differences among the parties and promote the settlement of cases and
			 to perform any other functions in aid of the disposition of the case.
(2) HOW CONDUCTED. Prehearing conferences may
			 be conducted by telephone conference call or in person. A commissioner or
			 member of the commission's staff shall preside.
(3) REPORTS. The person presiding at the
			 conference shall prepare a memorandum or report that summarizes the results of
			 the conference. Copies of the report shall be served on all parties.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 4 - Prehearing practice and discovery › Section PC 4.02 - Exchange of documents and witness lists prior to hearing

Current through June 24, 2024
With the exception of rebuttal matter, names of witnesses and
				copies of exhibits shall be filed and served at least 3 working days before the
				commencement of the hearing. For the purpose of this section only, service is
				complete on receipt rather than on mailing. If no good cause is shown for the
				failure to comply with this section, the hearing examiner or commission may
				exclude the evidence after consideration of the following factors:
(1) The prejudice or surprise experienced by
			 the party against whom the evidence is being offered;
(2) The ability of that party to cure any
			 prejudice;
(3) The extent to which
			 waiver of the requirement would disrupt the orderly and efficient hearing of
			 the case;
(4) Bad faith or
			 willfulness in failing to comply with the requirements; and
(5) Other factors relevant to the
			 determination.
For example, compliance with the ''3 working days''
				  requirement in s.
				   PC 4.02  (intro.)
				  means that the commission and the opposing party must each receive a party's
				  witness list and copies of exhibits no later than 4:30 p.m. on the Wednesday
				  preceding a Monday hearing, where neither that Wednesday, nor the intervening
				  Thursday or Friday is a legal holiday listed in s.
				  230.34(4) (a),
				  Stats.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 4 - Prehearing practice and discovery › Section PC 4.03 - Discovery

Current through June 24, 2024
All parties to a case before the commission may obtain
				discovery and preserve testimony as provided by ch. 804, Stats. For good cause,
				the commission or the hearing examiner may allow a shorter or longer time for
				discovery or for preserving testimony than is allowed by ch. 804, Stats. For
				good cause, the commission or the hearing examiner may issue orders to protect
				persons or parties from annoyance, embarrassment, oppression or undue burden or
				expense, or to compel discovery.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 4 - Prehearing practice and discovery › Section PC 4.05 - Attendance of witnesses

Current through June 24, 2024
(1) REQUESTS TO APPEAR. At the request of any
			 party or on its own motion, a commissioner or the hearing examiner may issue
			 letters to state employees requiring them to appear and to testify at a hearing
			 unless it is determined that their testimony will be irrelevant, immaterial or
			 unduly repetitious. The commission shall mail the letters to the prospective
			 witness unless the party requesting the letter asks to be responsible for
			 personally serving the letters.
(2)
			 SUBPOENAS.
(a)
Issuance.
Subpoenas, including subpoenas to compel the attendance of witnesses and
			 subpoenas requiring the production of material, may be issued by a commissioner
			 or the hearing examiner at the request of a party or on the commission's own
			 motion, or may be issued by an attorney of record in a commission proceeding in
			 the same manner as provided in s.
			 805.07, Stats. The commissioner
			 or hearing examiner may review the reasonableness of any request before issuing
			 a subpoena.
(b)
Service.
The party issuing or requesting a subpoena is
			 responsible for service of the subpoena and for any costs related to
			 service.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 5 - Hearings, decisions and review › Section PC 5.01 - Hearing examiners

Current through June 24, 2024
(1) DESIGNATION. Any matter to be heard by
			 the commission may be designated for hearing by one or more commissioners or by
			 such other persons as may be permitted by statute. Hearing examiners shall have
			 all powers necessary to conduct commission hearings. When a hearing is
			 conducted before the commission itself, the hearing shall be presided over by
			 the chairperson or, in the chairperson's absence, by another commissioner
			 designated by the commission.
(2)
			 LIMITATION AGAINST FINAL DISPOSITION. Notwithstanding sub. (1), no hearing
			 examiner shall decide any motion which would require final disposition of any
			 case except when the commission has by order directed that the hearing
			 examiner's decision shall be the final decision of the commission.
(3) DISQUALIFICATION. If a presiding
			 authority is unqualified to preside for reasons of conflict of interest or
			 personal bias, the presiding authority shall withdraw and notify the commission
			 and the parties of the disqualification.
(4) MOTIONS FOR SUBSTITUTION OR
			 DISQUALIFICATION OF PERSONS CONDUCTING HEARINGS. If a party deems the presiding
			 authority to be unqualified for reasons of conflict of interest or bias, the
			 party may move in a timely manner for substitution of a different examiner or
			 disqualification of the commissioner. The motion shall be accompanied by a
			 written statement setting forth the basis for the motion. If a hearing examiner
			 does not grant a motion for substitution, it shall be referred to the
			 commission, which shall determine the sufficiency of the ground
			 alleged.
(5) UNAVAILABILITY. If the
			 presiding authority becomes unavailable during the course of a hearing, the
			 commission shall designate a substitute. The substitute may confer with the
			 original presiding authority regarding the case.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 5 - Hearings, decisions and review › Section PC 5.02 - Continuances

Current through June 24, 2024
(1) REQUIREMENTS. Prior to requesting a
			 continuance of a hearing date, a party shall seek agreement for a continuance
			 from all other parties to the case. In making the request to the hearing
			 examiner or a commissioner, the party seeking the continuance shall advise the
			 hearing examiner or commissioner if agreement between the parties has been
			 reached. Requests for continuances of a hearing date shall only be granted upon
			 a showing of good cause and after consideration of any hardship on the other
			 parties. In any case in which a hearing examiner has been designated, the
			 request shall be directed to the hearing examiner, if available. The hearing
			 examiner or commissioner may require presentation of evidence before
			 considering the request.
(2)
			 NOTIFICATION OF WITNESSES. Each party is responsible for advising the party's
			 own witnesses of any continuance.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 5 - Hearings, decisions and review › Section PC 5.03 - Conduct of hearings

Current through June 24, 2024
(1) GENERALLY. The commission is not bound by
			 the strict rules of procedure and the customary practices of courts of
			 law.
(2) OPEN TO THE PUBLIC. Except
			 where requested by an appellant pursuant to s.
			 230.44(4) (a),
			 Stats., or to the extent necessary to protect the confidentiality of materials
			 or testimony as provided by law, all hearings conducted by the commission shall
			 be open to the public.
(3) OPENING
			 STATEMENTS. Opening statements are optional and shall be confined to a brief
			 summary of the nature of the case, the evidence intended to be offered, and the
			 controlling legal authorities.
(4)
			 ORDER OF PROCEEDING. The petitioner shall present evidence first unless the
			 case falls into a category in which the commission, the judiciary, or the
			 legislature through statutory enactment has determined that the burden of proof
			 shall be on the respondent. In such cases, the respondent shall proceed first.
			 The order of proceeding may be varied by the hearing examiner or commission in
			 the interest of obtaining the most cogent presentation of the case.
Note: For example, the burden of proof in an appeal of a
				discharge decision is on the respondent. Reinke v. Personnel Board, 53 W (2d)
				123, 191 NW (2d) 833 (1971).
(5) EVIDENCE. As specified in s.
			 227.45, Stats., the commission
			 is not bound by common law or statutory rules of evidence. All testimony having
			 reasonable probative value shall be admitted, and immaterial, irrelevant or
			 unduly repetitious testimony shall be excluded. The hearing examiner and the
			 commission shall give effect to the rules of privilege recognized by law.
			 Hearsay evidence may be admitted into the record at the discretion of the
			 hearing examiner or commission and accorded such weight as the hearing examiner
			 or commission deems warranted by the circumstances.
(6) TESTIMONY OF WITNESSES.
(a) Witnesses may testify either by answering
			 questions posed to them or in narrative form.
(b) Cross-examination is not limited to
			 matters to which the witness testified on direct examination.
(c) At the discretion of the hearing examiner
			 or the commission, witnesses' testimony may be taken via telephone rather than
			 in person.
(d) At the request of
			 either party, the hearing examiner or the commission may order the exclusion of
			 witnesses in accordance with the provisions of s.
			 906.15, Stats.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 5 - Hearings, decisions and review › Section PC 5.04 - Proposed decisions and orders

Current through June 24, 2024
For those cases in which a proposed decision and order is
				required pursuant to s.
				227.46(2),
				Stats., a copy of the proposed decision and order prepared by the hearing
				examiner shall be served on the parties and shall prescribe reasonable periods
				for the parties to file any motions for fees and costs, written objections to
				the proposed decision and order, and any request for oral
				arguments.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 5 - Hearings, decisions and review › Section PC 5.05 - Motions for fees and costs

Current through June 24, 2024
(1) GENERALLY. Each
			 party seeking an award of fees, costs or both shall file a motion and all of
			 the following supporting documentation:
(a)
			 The number of hours for which compensation is sought, itemized according to the
			 work that was performed, the date it was performed, the hours claimed for the
			 work and the individual who performed the work;
(b) The hourly rate customarily charged by
			 each individual for whom compensation is sought;
(c) Other factors that affect the computation
			 of fees or costs, as determined by the judiciary and by decisions of the
			 commission;
(d) Documentation of
			 costs for which the party seeks reimbursement.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 5 - Hearings, decisions and review › Section PC 5.06 - Written objections and oral arguments

Current through June 24, 2024
(1) WRITTEN
			 OBJECTIONS. When a party adversely affected by a proposed decision files
			 written objections, the opposing parties shall be provided a period of 10 days
			 to file a written response to the objections unless the hearing examiner or the
			 commission concludes that some other period is more appropriate.
(2) ORAL ARGUMENTS. A request for oral
			 argument may be granted if the commission determines, in its discretion, that
			 an issue or question is better addressed by oral argument rather than written
			 argument.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 5 - Hearings, decisions and review › Section PC 5.07 - Computation of interest

Current through June 24, 2024
Any interest that may be awarded on a back pay award made by
				the commission shall be added to the award and computed at the annual rate
				specified in s. 814.04(4),
				Stats., simple interest. Interest shall be computed by calendar quarter.
				Interest shall begin to accrue on the last day of each calendar quarter, or
				portion thereof, in the back pay period on the net amount of back pay
				attributable to that calendar quarter, or portion thereof, after any set-offs,
				and shall continue to accrue until the date of compliance with the back pay
				order.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 5 - Hearings, decisions and review › Section PC 5.08 - Time limit for decisions

Current through June 24, 2024
The 90 day period established in s.
				230.44(4) (f),
				Stats., for the issuance of certain decisions shall commence on the last date
				for filing objections to the proposed decision and order under s.
				227.46, Stats., or the date for
				the last written or oral argument, whichever is later.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 5 - Hearings, decisions and review › Section PC 5.10 - Determinations of parties for purposes of judicial review

Current through June 24, 2024
The hearing examiner or the commission shall prepare a list of
				persons who are considered parties by the hearing examiner or the commission
				for purposes of judicial review as required by s.
				227.47, Stats. The list shall be
				found at the end of every final decision issued by the commission and shall be
				based upon the following criteria:
(1)
			 The nature of the case;
(2) The
			 persons affected by the decision and the degree of that impact;
(3) The nature of the participation by those
			 involved in the case, including attendance at hearings, cross-examination of
			 witnesses, and submission of briefs.
The list of parties is not necessarily coextensive with the
				  definition of "party" found in s.
				  PC
				  1.02(13).
Wisconsin Administrative Code › Personnel Commission › Chapter PC 6 - Arbitration option for classification appeals › Section PC 6.01 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Arbitration hearing'' means an informal administrative hearing conducted
			 pursuant to this chapter.
(2)
			 "Arbitrator'' means the individual designated by the commission to preside at
			 an arbitration hearing.
(3)
			 "Classification appeal'' means an appeal arising from decisions made under s.
			 230.09(2) (a) or
			 (d), Stats.
(4) "Contested case hearing'' means a formal
			 administrative hearing conducted pursuant to chs.   PC 4   and  5.
Appeals involving classification decisions such as
				  allocation, reallocation or reclassification are included as classification
				  appeals filed under s.
				  230.09(2) (a) or
				  (d),
				  Stats.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 6 - Arbitration option for classification appeals › Section PC 6.02 - Procedure followed prior to arbitration hearing

Current through June 24, 2024
(1) ELECTION TO
			 PROCEED BY ARBITRATION.
(a) An appellant in a
			 classification appeal may elect to proceed by arbitration hearing rather than
			 by contested case hearing. Except as permitted in par. (b), an appeal shall
			 proceed by contested case hearing if the appellant fails to make an election at
			 the prehearing conference and fails to make an election by any later date set
			 by the commission.
(b) A decision
			 to proceed by arbitration hearing or by contested case hearing made under par.
			 (a), can be changed only upon agreement of the parties and with approval of the
			 arbitrator.
(c) Where consolidation
			 of more than one classification appeal is requested by any party or the
			 commission, such request shall be granted unless appellants disagree on whether
			 to proceed by arbitration hearing or by contested case hearing, or unless the
			 commission determines that the requested consolidation is undesirable for other
			 reasons.
Note: This provision clarifies that all appellants must agree
				to proceed in the same manner (for example, all agree to proceed by
				arbitration, or all agree to proceed by formal hearing) as a prerequisite to
				consolidation.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 6 - Arbitration option for classification appeals › Section PC 6.03 - Arbitration hearings

Current through June 24, 2024
(1) RECORD OF ARBITRATION HEARING. Each party
			 shall have an opportunity to request that any document filed and served under
			 s.
			 PC
			 6.02(2), be considered by the
			 arbitrator in reaching the decision. The requested documents shall be marked by
			 the arbitrator as exhibits and shall be made part of the commission's file.
			 Parties shall have an opportunity to ask questions of every witness.
(2) EXCLUSION OF WITNESSES AT ARBITRATION
			 HEARING. At the request of either party and for the purpose of keeping witness
			 testimony untainted by the testimony of prior witnesses, the arbitrator may
			 order the exclusion of witnesses.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 6 - Arbitration option for classification appeals › Section PC 6.04 - Decision and judicial review

Current through June 24, 2024
(1) THE
			 ARBITRATOR'S DECISION. The arbitrator shall render a decision orally at the
			 conclusion of the arbitration hearing affirming, modifying or rejecting
			 respondent's action. The arbitrator shall promptly file the decision with the
			 commission.
(2) COMMISSION REVIEW
			 OF THE ARBITRATOR'S DECISION. The commission shall issue a final decision which
			 adopts the arbitrator's decision.
(3) COURT REVIEW. The decision of the
			 commission is subject to limited court review under ss.
			 227.53 to
			 227.57, Stats.
Wisconsin Administrative Code › Personnel Commission › Chapter PC 6 - Arbitration option for classification appeals › Section PC 6.05 - Additional provisions incorporated by reference

Current through June 24, 2024
The provisions set forth in chs.   PC 4   and  5, are applicable to
				arbitration hearings, except as noted in the following subsections:
(1) The arbitrator has the discretion to
			 determine if the following provisions of ch. PC 5, shall apply to an
			 arbitration hearing:
(a) Section
			 PC
			 5.03(3) relating to opening
			 statements.
(b) Section
			 PC
			 5.03(4) relating to the order of
			 proceeding.
(c) Section
			 PC 5.03(6)
			 (b) relating to the scope of cross
			 examination.
Wisconsin Administrative Code › Pharmacy Examining Board › Chapter Phar 1 - Authority And Definitions › Section Phar 1.01 - Authority

Current through June 24, 2024
Rules in chs.
				Phar 1 to 17 are adopted under
				authority of ss.
				15.08(5)
				(b),
				227.11(2),
				Stats, and ch. 450, Stats.
Wisconsin Administrative Code › Pharmacy Examining Board › Chapter Phar 1 - Authority And Definitions › Section Phar 1.02 - Definitions

Current through June 24, 2024
As used in chs.
				Phar 1 to 17:
(1) "Board" means the pharmacy examining
			 board.
Note:
The board office is located at 1400 East
				Washington Avenue, Madison, Wisconsin 53702.
(2) "Community pharmacy" means practice in a
			 licensed pharmacy providing pharmaceutical services primarily on an outpatient
			 basis.
(3) "DEA" means the drug
			 enforcement administration.
(4)
			 "Institutional pharmacy" means practice in a licensed pharmacy providing
			 pharmaceutical services primarily on an inpatient basis.
(4m) "Long term care facility" has the
			 meaning given in
			 21 CFR
			 1300.01.
(5) "LTCF" means a long term care
			 facility.
(6) "Managing pharmacist"
			 means a pharmacist designated by the pharmacy owner to have responsibility for
			 and direct control of pharmaceutical operations in a pharmacy.
(6m) "NABP" means the National Association of
			 Boards of Pharmacy.
(7) "NAPLEX"
			 means the North American Pharmacy Licensing Examination.
(8) "Pharmacist" has the meaning given in s.
			 450.01(15),
			 Stats.
(9) "Pharmacist-in-charge"
			 means a pharmacist who is physically present in the licensed facility and
			 responsible for the routine operation of a pharmacy for the period of time
			 specified by the managing pharmacist.
(10) "Pharmacy" means any place of practice
			 licensed by the board under s.
			 450.06
			 or
			 450.065,
			 Stats., unless otherwise provided for in s.
			 450.065,
			 Stats.
(11) "Pharmacy owner" means
			 a person or entity to whom a pharmacy license is issued.
(12) "Practice of pharmacy" has the meaning
			 under s.
			 450.01(16),
			 Stats.
(13) "PRN" means renew as
			 needed.
(14) "Professional service
			 area" means the area of a pharmacy in which prescriptions are compounded or
			 dispensed, hypodermic needles, syringes, poisons and schedule V controlled
			 substances as listed in s.
			 961.22, Stats., and
			 ch. CSB 2 are available, or where patients are consulted.
(15) "Terminal illness" means an incurable
			 condition caused by injury or illness that reasonable medical judgment finds
			 would cause death.