reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.07 - Witnesses and subpoenas

Current through June 24, 2024
The division or the administrative law judge may issue a
						subpoena, under the same procedure and in the same form as provided by s.
						805.07(1),
						Stats., at a party's request if it appears that the testimony will be relevant
						and reasonably necessary for a full and fair hearing. The administrative law
						judge may require the party to provide written justification for the subpoena
						requested. A subpoena requiring the production of material may be issued if the
						person requesting the subpoena specifies the documents to be presented by the
						subpoenaed witness and if the request is found reasonable by the administrative
						law judge. The party requesting the subpoena is responsible for service and for
						fees.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.08 - Administrative law judge

Current through June 24, 2024
(1) An administrative law judge may do all of
					the following:
(a) Administer oaths and
					affirmations.
(b) Rule on offers of
					proof, accept relevant evidence and exclude from the record evidence that is
					irrelevant or repetitious.
(c)
					Dispose of procedural requests or similar matters.
(d) Regulate the conduct and course of the
					hearing consistent with due process to ensure an orderly hearing.
(e) Exclude individuals from the hearing,
					adjourn the hearing or otherwise reasonably respond to contemptuous
					conduct.
(f) Admit into evidence a
					deposition as a substitute for testimony, but only when the witness is
					unavailable as defined in s.
					908.04,
					Stats. Depositions sought by the parties for the purpose of discovery are not
					authorized by this provision.
(g)
					Exclude individuals from the hearing to preserve the applicant's or recipient's
					confidentiality or where an individual's presence is not considered essential,
					depending on the circumstances of the case including space
					limitations.
(h) Exercise
					discretion in excluding cameras from the hearing room.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.10 - Rehearing and amendment of decision

Current through June 24, 2024
(1) When requested
					by the petitioner or that person's representative, the department or an agency
					or, upon its own motion, the division, may, within 30 days of the date of the
					decision, amend or vacate a decision for the purpose of correcting either plain
					or administrative errors, or as altered conditions may require.
(2) A petitioner or that person's
					representative, an agency or the department may request a rehearing pursuant to
					s.
					227.49,
					Stats. Such a request shall state what error of law or fact is asserted as the
					basis for the rehearing or what newly discovered evidence has been found which
					could not have been found earlier with due diligence. Upon granting a
					rehearing, the division shall determine whether or not a proceeding to consider
					additional evidence is required.
(3) After a decision has been issued
					dismissing a hearing request as abandoned by the petitioner as provided in s.
					HA 3.05(4) (d), the division may vacate that decision upon the assertion by
					petitioner in writing within 30 days of the date of the decision that the
					matter has not been abandoned.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.11 - Costs motion

Current through June 24, 2024
(1) A petitioner may file a motion for costs
					under s.
					227.485,
					Stats., with the division and the department or agency within 30 days of
					service of the final decision if the petitioner was the prevailing party. The
					petitioner need not be represented by an attorney to file a costs
					motion.
(2) Although no specific
					form or format is required, a complete costs motion shall contain an
					explanation of why the state agency which was the losing party was not
					substantially justified in taking its position, and an itemized application for
					fees and other expenses, including an itemized statement from any attorney or
					expert witness representing or appearing on behalf of the petitioner stating
					the actual time expended and the rate at which fees and other expenses were
					computed. A complete motion shall also contain an affidavit or other proof that
					the petitioner has federal adjusted gross income of less than $150,000 in each
					of the 3 calendar years or corresponding fiscal years immediately prior to the
					commencement of the case.
(3) The
					petitioner's costs may include attorney's fees and any of the following items
					if the item provided evidence relevant to the hearing issue on which the party
					prevailed:
(a) Expert witness fees.
(b) Any study, analysis, engineering report,
					test or project determined by the administrative law judge to be necessary for
					preparation of the case.
(c)
					Service of process on relevant witnesses.
(d) Certified copies of papers and records in
					any public office.
(e)
					Postage.
(f) Telephone, telegraph
					or FAX expense.
(g) Depositions of
					unavailable witnesses, including necessary photocopies.
(h) Plats and photographs.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.12 - Wisconsin works

Current through June 24, 2024
(1) Upon receipt of a timely petition under s. 49.152, Stats., the division
								 shall review the fact-finding decision of the Wisconsin works agency.
(2) The division shall deny a petition or refuse to grant relief if the
								 Wisconsin works applicant or recipient withdraws the petition in writing.
(3) Upon receipt of a petition, the division may make any additional
								 investigation it considers necessary.
(4) The Wisconsin works
								 agency shall forward the fact-finding file to the division within 5 days of notification of the request for
								 review.
(5) If the division or administrative law judge
								 determines that the record provided for review is inadequate or incomplete, the division may conduct a
								 hearing, issue an interim decision directing the Wisconsin works agency to supplement the record, or take
								 further action considered necessary to provide for a meaningful review.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.01 - Application of rules

Current through June 24, 2024
(1) AUTHORITY. This chapter is promulgated
					under the authority of ss.
					15.03,
					102.15,
					102.17(1)
					(d) 3, and
					227.11(2)
					(b), Stats.
(2) SCOPE AND APPLICATION. This chapter
					applies to the procedure of the division with respect to worker's compensation
					hearings under ch. 102, Stats., and to hearings under ss.
					40.65(2),
					59.88(3),
					62.624(2),
					106.25,
					303.07(7),
					and
					303.21,
					Stats., and s. 66.191, 1981 Stats.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
					"Administrative law judge" means a hearing examiner employed by the office of
					worker's compensation hearings to conduct hearings under s.
					102.18(2) (b) and
					(c), Stats.
(2) "Applicant" means a party filing an
					application for relief.
(3)
					"Department" means the department of workforce development.
(4) " Division" means the division of
					hearings and appeals.
(5) "Office
					of worker's compensation hearings" is one of several subunits authorized by the
					division administrator and is the subunit that administers adjudicatory
					functions related to worker's compensation claims.
(6) "Respondent" means a party adverse to an
					application for relief.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.03 - Application of department rules

Current through June 24, 2024
(1) Section
					DWD
					80.025 applies to the procedure for inspection and
					copying of worker's compensation records in the custody of the
					division.
(2)
(a) Except as provided in par. (b), the
					provisions of s.
					DWD
					80.03 apply with respect to the division when the
					division acts on a compromise under s. l02.16 (1) (c), Stats., to the same
					extent those provisions apply to the department when acting on a compromise
					under s.
					102.16(1)
					(b), Stats.
(b) All written compromise agreements
					submitted to the division shall contain the following statement:
The employee has the right to petition the department of
						administration, division of hearings and appeals to set aside or modify this
						compromise agreement within one year of its approval by the division. The
						division may set aside or modify the compromise agreement. The right to request
						the division to set aside or modify the compromise agreement does not guarantee
						that the compromise will in fact be reopened.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.04 - Procedure on claim

Current through June 24, 2024
(1) In cases of
					disputes in matters coming under the jurisdiction of ch. 102, Stats., or s.
					40.65,
					59.88(3),
					62.624(2),
					106.25,
					303.07(7),
					or
					303.21,
					Stats., and s. 66.191, 1981 Stats., any party to the dispute may apply to the
					department for relief.
(2) In all
					such cases under sub. (1), the applicant shall file his or her application with
					the department, along with sufficient copies of the application for service on
					the respondents. The department shall thereupon serve the respondents with a
					copy of the application and the respondents shall file an answer to the
					application with the division within 20 days after the service and likewise
					serve a copy of the answer on the applicant. If no answer is mailed by the
					respondent within 20 days of service of the application by the department, the
					division may issue an order by default, without hearing, in accordance with the
					application, as provided by s.
					102.18(1)
					(a), Stats.
Note:
See s.
						102.17,
						Stats.
(3) After an
					application for hearing is served, the division shall manage its caseload by
					appropriate action including any of the following:
(a) Determining whether any answer received
					is complete, identifies the correct date of injury, and identifies the correct
					parties for that date of injury.
(b) Filing documents or other material
					received or issued in connection with the claim.
(c) Controlling its calendar and scheduling
					matters for hearing.
(d) Notifying
					the parties of the time and place of hearing, at least 10 days prior to the
					hearing.
(e) Conducting hearings
					and making findings, orders, and awards that are lawful and just under the
					circumstances.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.05 - Appearance by attorney or agent; license to appear

Current through June 24, 2024
(1) Any party may
			 appear before the division in person or by an attorney or agent.
(2) The following rules shall govern the
			 issuance, suspension, or revocation of licenses to appear before the division
			 in compensation matters under the provisions of s. 102.17(1) (c), Stats.:
(a) Permission to appear at a single hearing
			 may be issued by the division through any examiner upon application evidencing
			 qualifications provided by statute and the division's rules. Such permission
			 may be given to appear in 3 cases before the issuing of license. When
			 appearance has been made in 3 cases, license shall be required, which shall be
			 issued only upon execution and filing with the division of application upon
			 form prescribed by the division.
(b) Before license shall be issued applicant
			 shall have appeared in representation of a party before the division on at
			 least 3 formal hearings.
(c) The
			 following conditions shall operate as grounds for refusal, suspension, or
			 revocation of license:
1. Charging of
			 excessive or unconscionable fees, misrepresentation of clients, dishonesty,
			 fraud, sharp practice, neglect of duty, or other improper conduct in the
			 representation of a party before the division, unless satisfactorily explained
			 or excused by the division on the grounds of subsequent good conduct.
2. Disbarment from the practice of law, or
			 resignation by request of properly constituted authorities, unless there has
			 been subsequent reinstatement and continuance in good standing.
3. Contumacious conduct in hearing, gross
			 discourtesy toward division representatives, or failure to conform to rulings
			 or instructions of the division or its representatives.
4. Intentional or repeated failure to observe
			 provisions of the compensation act or rules of procedure adopted by the
			 division.
5. Any other gross
			 evidence of lack of good moral character, fitness or act of fraud, or serious
			 misconduct.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.06 - Service and filing

Current through June 24, 2024
(1) SERVICE. Service of materials, unless
					otherwise directed by the division or by law, may be made by mail and proof of
					mailing shall be prima facie proof of service. The time within which service
					shall be made shall be the same as in courts of record unless otherwise
					specified by rule or order of the division.
(2) FILING DATE. Regardless of how served,
					materials submitted to the division are considered filed on the date they are
					received by the division.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.07 - Amendments

Current through June 24, 2024
Amendment may be made to the application or answer by letter
						mailed to the division prior to the date the notice of hearing is mailed.
						Copies of the letter shall be sent directly to the other parties. The letter
						shall state reasons for the amendment.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.08 - Witness attendance; extension of time and postponement

Current through June 24, 2024
(1) Upon receipt of
					the notice of hearing, it is the responsibility of each party to contact any
					witnesses necessary for that party's case and to make arrangements to have them
					attend the hearing.
(2) Requests
					for postponements or continuances shall be considered by the division only if
					such requests are received within a reasonable time before the date of the
					hearing.
(3) The division shall
					grant postponements and continuances only because of extraordinary
					circumstances. Neither the scheduling problems nor the convenience of the
					parties shall be considered extraordinary circumstances.
(4) A postponement, continuance, or extension
					of time may not be granted upon the mutual agreement of the parties without the
					consent of the division.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.09 - Stipulations

Current through June 24, 2024
Parties to a controversy may stipulate the facts in writing,
						and the division may make its order or award upon the written stipulation.
						Stipulations must set forth in detail the manner of computing the compensation
						due and must be accompanied by a report from a physician stating the extent of
						the disability.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.10 - Depositions

Current through June 24, 2024
Depositions may be taken and used in any hearing only in
						accordance with s.
						102.17(1)
						(f), Stats. These depositions shall be taken
						in the same manner as in courts of record. Depositions for the purpose of
						discovery before the hearing are specifically prohibited.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.11 - Rules of practice; selection of hearing site

Current through June 24, 2024
(1)
(a) The rules of practice before the division
					shall be such as to secure the facts in as direct and simple a manner as
					possible.
(b) The administrative
					law judge may limit testimony to only those matters which are
					disputed.
(c) The administrative
					law judge may not allow into the record, either on direct or cross-examination,
					redundant, irrelevant or repetitive testimony. Hearsay testimony with probative
					value may be admitted at the discretion of the administrative law
					judge.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.12 - Audio recording of formal hearings

Current through June 24, 2024
(1)
(a) A party to a claim may audio record the
					proceedings of a formal hearing in a non-disruptive and non-obstructive
					manner.
(b) Witnesses,
					participants, and other attendees, who are not parties to the case, are not
					permitted to audio record the proceedings of a formal hearing.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.13 - Transcripts

Current through June 24, 2024
Transcripts of testimony taken or proceedings had before the
						division shall be furnished to the applicant or respondent or their attorneys
						in accordance with all of the following provisions:
(1) After the commencement of an action to
					review an order of the labor and industry review commission in circuit court, a
					copy of the hearing record will be furnished to the plaintiff or other parties
					upon payment to the division of the reporter's fees set forth in s.
					757.57(5),
					Stats., and not as set forth in s.
					757.57(2),
					Stats.
(2) Transcripts of the
					hearing may not be provided until after commencement of an action in circuit
					court.
(3) Upon proper showing of
					financial inability to pay for copies of such testimony or proceedings, the
					division may furnish copies of the same on such terms as may be agreed
					upon.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.14 - Reports by practitioners and expert witnesses

Current through June 24, 2024
(1) Upon the request
					of the division, any party to a claim pending before the division under ch.
					102, Stats., shall furnish to the division and to all parties copies of all
					reports by practitioners and expert witnesses in their possession or procurable
					by them.
(2) In cases involving
					nonscheduled injuries under s.
					102.44(2) or
					(3), Stats., any party to a claim pending
					before the division under ch. 102, Stats., shall, upon the request of the
					division, furnish to the division and to all parties any reports in the party's
					possession or reasonably available to that party relating to the loss of
					earning capacity as set forth in s.
					DWD
					80.34.
(3)
					Any party who does not comply with the request of the division under sub. (1)
					or (2) shall be barred from presenting the reports or the testimony contained
					in the reports at the hearing.
(4)
					No testimony or reports from expert witnesses on the issue of loss of earning
					capacity may be received unless the party offering the evidence has notified
					the division and the other parties of interest of the party's intent to provide
					the testimony or reports and the names of expert witnesses involved as required
					under s.
					102.17(7),
					Stats.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.15 - Use of reports as evidence

Current through June 24, 2024
(1) In this
					section, "report" means a report by a practitioner or a report by an expert
					witness on the issue of loss of earning capacity, as described in s. HA
					4.14.
(2) Matters stated in a
					report that would not be competent or material evidence if given as oral
					testimony are not competent or material as prima facie evidence if objection is
					made, except as corroborated by competent and material oral testimony.
Note:
See s.
						102.17(1)
						(d), Stats.
(3) Use of reports shall be permitted in any
					case in which claim for compensation is made, provided the reporting
					practitioner or other expert is available for cross examination.
(4) Reports shall be submitted to the
					division on a prescribed form and shall be certified. An applicant shall be
					informed of the provisions of s.
					102.17(1)
					(d), Stats., and ss.
					DWD
					80.21 and HA 4.14, and also that a form for reporting
					will be supplied to the applicant upon request.
(5) The division may require additional or
					supplementary reports. Upon failure of the applicant to submit such reports
					within the time specified prior to hearing, all reports previously filed may,
					in the discretion of the division, be excluded as evidence.
(6) Reports shall be filed with the
					application or as soon thereafter as possible. Reports not filed with the
					division 15 days prior to the date of hearing shall not be acceptable as
					evidence except upon good cause for failure so to file, established to the
					satisfaction of the division.
(7)
					Simultaneously with the filing of a report with the division, a party shall
					serve copies upon all other parties. Service upon the designated representative
					of a party shall be deemed service upon the party. Service upon the insurance
					carrier for an employer shall be deemed service upon the employer. However, if
					a party does not have a representative, the division may elect to make service
					upon other parties.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.16 - Procedure and claims under ch. 40, Stats

Current through June 24, 2024
The division shall observe the same rules and procedures and
						may use the same forms in processing and determining claims made under s.
						40.65,
						Stats., as are used under ch. 102, Stats.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.17 - Witness fees and travel reimbursement

Current through June 24, 2024
The fees and travel reimbursement of witnesses and
						interpreters for attending a hearing before an administrative law judge shall
						be the statewide rate currently paid under s.
						814.67(1)
						(b), Stats., notwithstanding any local county
						variations.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 4 - Procedure And Practice for Worker's Compensation And Related Cases › Section HA 4.18 - Mediation conferences

Current through June 24, 2024
(1) DEFINITIONS. In this section:
(a) "Administrative law judge mediator" means
					an administrative law judge whose duties include conducting mediation
					conferences.
(c) "Mediation
					conference" means a voluntary, informal, off-record conference among an
					administrative law judge mediator and the parties, their representatives, or
					both, to explore settlement options in an effort to achieve a negotiated,
					conciliatory resolution of disputed claims without a formal hearing on the
					merits of a case.
(d) "Request to
					schedule a mediation conference form" means a form prescribed by the division
					that sets out the claims at issue in a requested mediation conference,
					identifies the conceded and disputed benefits, and describes the parties'
					respective positions.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 3 - Appeals, hearings and enforcement proceeding › Section Game 3.02 - Computation of time

Current through June 24, 2024
The computation of time in computing any period of time
						prescribed in this chapter, including acts of default, shall be governed by s.
						990.001(4),
						Stats. Papers received by the division for filing after 4:30 p.m. shall be
						considered as filed the following day.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 3 - Appeals, hearings and enforcement proceeding › Section Game 3.03 - Request for hearing

Current through June 24, 2024
(1) All requests for hearings:
(a) Shall be in writing;
(b) Shall contain an address and telephone
					number where the person requesting the hearing may receive service of documents
					relative to the hearing; and
(c)
					Shall set forth the reasons which support the request for hearing. The
					documents should take the form of a pleading in a civil case, where
					practicable.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 3 - Appeals, hearings and enforcement proceeding › Section Game 3.04 - Determination of parties and appearances

Current through June 24, 2024
(1) PARTIES.
(a) The division, any person requesting a
					hearing pursuant to s.
					Game
					3.03, and any person against whom a proceeding is
					initiated by the division shall be considered parties to the hearing for
					purposes of s. 227.53, Stats.
(b) Any other person may petition the
					department to be admitted as a party to the hearing. The department shall grant
					such a motion upon a determination that the movant has substantial interests to
					which the order of the department in the contested case will apply and
					affect.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 3 - Appeals, hearings and enforcement proceeding › Section Game 3.05 - Conduct of hearings

Current through June 24, 2024
Hearings shall be conducted in conformance with this chapter
						and, as to all aspects not specified in this chapter, or in conflict with ch.
						227, Stats., in conformance with ch. 227, Stats.;
(1) SELECTION OF HEARING OFFICER. The
					division shall request the appointment of a hearing officer within 45 days
					after receipt of a request under s.
					Game
					3.03. The hearing officer shall be appointed pursuant
					to s. 227.43 or
					227.46(1),
					Stats. The hearing officer shall have all the powers and duties enumerated in
					ch. 227, Stats. In addition, a hearing officer appointed pursuant to this
					section may:
(a) Upon objection to the
					admissibility of evidence, receive the disputed evidence subject to a
					subsequent ruling by the department;
(b) Exclude evidence upon the hearing
					officer's motion or motion of either party, but a party offering evidence that
					is ruled inadmissible shall be permitted to make a brief offer of proof with
					such ruling being subject to subsequent ratification by the department. Unless
					expressly overruled, such decision by the hearing officer shall be deemed
					ratified.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 3 - Appeals, hearings and enforcement proceeding › Section Game 3.06 - Decisions

Current through June 24, 2024
(1) PROPOSED DECISIONS.
(a) In all cases in which a proposed decision
					is required by s. 227.46(2),
					Stats., the hearing officer shall within 7 working days of the close of the
					presentation of evidence and arguments by the parties, prepare and submit to
					the department a proposed decision meeting the requirements of s.
					227.46(2),
					Stats. Within 24 hours of receipt of the decision the department shall serve on
					all parties a copy of the proposed decision. Each party adversely affected by
					the proposed decision shall, within 7 working days of receipt of the proposed
					decision, file any objections to the proposed decision in writing.
(b) In all other cases, unless otherwise
					directed by the administrator pursuant to written order upon appointment of a
					hearing officer, the department shall base its decision on the record certified
					to it by the hearing officer without a proposed decision as set forth in s.
					227.46(3) (b),
					Stats., subject to any rulings on motions or objections.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to identify the duties and
						responsibilities of associations and racetrack operators regarding the
						operation of a race meeting. The duties and responsibilities here are in
						addition to those set forth elsewhere in the division's
						rules.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.02 - Number of pari-mutuel races

Current through June 24, 2024
For the purpose of pari-mutuel wagering all races are
						considered separate and distinct:
(1)
					Associations may request wagering on additional races. In acting on such
					requests, the division shall consider the effect of extra races on state
					revenue and on track and division employees, and the availability of
					greyhounds.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.03 - Information/complaint window

Current through June 24, 2024
Each association shall provide and clearly identify an
						information or complaint window where complaints may be made by members of the
						public. The association shall make available a current set of all division
						rules for public inspection during racing hours at every such
						window.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.04 - Daily race programs

Current through June 24, 2024
(1)
			 REQUIRED INFORMATION FOR DAILY RACE PROGRAMS. The association shall cause all
			 daily race programs to contain the following information:
(a) This race meet is conducted under that
			 authority of a license issued by the Wisconsin division of gaming and pursuant
			 to the rules and regulations adopted by the division.
(b) The Honorable, Governor.
(c) Wisconsin Division of Gaming, 2005 West
			 Beltline Highway, Suite 201, P.O. Box 8979, Madison, WI 53708-8979, (608)
			 270-2555.
(d) Wisconsin department
			 of administration secretary.
(e)
			 Wisconsin division administrator.
(f) Names and titles of:
1. Track officers.
2. Track officials.
3. Wisconsin division of gaming
			 officials.
(g) The
			 address and telephone number of the track facility.
(h) A prominent notice that there is an
			 information window where complaints may be made by the public and copies of the
			 Division of Gaming's administrative rules viewed. Such notice shall specify the
			 exact location of such windows.
(i)
			 The location of facilities for individuals with disabilities.
(j) The location of the division's office at
			 the track facility.
(k) The
			 location of photo finish pictures.
(l) The approximate payouts on different
			 pari-mutuel odds.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.05 - Approval of contracts

Current through June 24, 2024
(1) SCOPE. This section applies to any
					contract for goods and services or both entered into by any person licensed by
					the division pursuant to s.
					562.05(1) (a) or
					(b), Stats., and any other person.
(2) DIVISION APPROVAL.
(a) Any contract in excess of $10,000 per
					year for any goods or services or both shall be subject to approval by the
					division and submitted to the division for approval by the licensee. Such a
					contract shall not, as a matter of public policy, become effective and binding
					on the parties to the contract unless and until it has been approved by the
					division. Any contract not so approved shall be considered void as against
					public policy. Any person requesting division approval of a contract pursuant
					to this section shall provide the administrator a copy of the contract, which
					has been signed by all parties to the contract, within 15 days of
					execution.
(b) Any multiple
					contracts under $10,000 per year which the division finds are for same or
					substantially similar goods or services or both shall be deemed to be a
					contract requiring approval. Any multiple contracts deemed to be a contract
					requiring approval shall not be binding on the parties unless and until it has
					been approved by the division. Any contract or contracts not so approved shall
					be considered void as against public policy. If the division finds that the use
					of multiple contracts was to circumvent the requirements of this section, the
					parties thereto shall be subject to a forfeiture not to exceed $10,000 or
					suspension or revocation of licensure or both.
(c) Any amendment, alteration, addition or
					deletion of the terms of a contract previously approved by the division shall
					also be approved by the division. Such amendment, addition, alteration or
					deletion shall not, as a matter of public policy, become effective and binding
					on the parties until approved by the division. Any amendment, alteration,
					addition or deletion not so approved shall be considered void as against public
					policy. Any person requesting division approval of an amendment, alteration,
					addition or deletion shall provide the administrator a copy of the same, which
					has been signed by all parties, within 15 days of execution.
(d) Upon a determination, after a hearing
					pursuant to ch. Game 3, that a person, without division approval, has entered
					into a contract or amendment thereto governed by this section, whether the
					contract or amendment is oral or written, or has attempted to circumvent the
					requirements of this section by behaving as if a contractual agreement existed
					although not reduced to writing or otherwise not meeting all legal requirements
					for formation of a binding contract, shall be subject to a forfeiture not to
					exceed $10,000, and suspension or revocation of the license.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.06 - Security and first aid requirements

Current through June 24, 2024
(1) Security
					reports shall be filed with the division stewards by the association within 48
					hours after the completion of each race performance.
(2) The association shall provide on site 24
					hour security for the kennel compound during all times greyhounds are housed on
					the premises.
(3) The association
					shall provide a video monitoring system approved by the division which allows
					monitoring of the lockout kennel, the movement of the lead-outs and animals
					from the lockout kennel to the starting boxes, the final inspection of the
					greyhound's equipment during inclement weather, the activities at the starting
					boxes and any other areas deemed necessary by the division.
(4) Each association shall equip and maintain
					adequate first-aid facilities and have in attendance during all performances a
					physician, licensed nurse or an ambulance attendant licensed pursuant to s.
					256.15, Stats. or emergency
					medical technician licensed pursuant to s.
					146.35, Stats.
(5) The association shall completely enclose
					the kennel compound with a chain link fence at least 6 feet high with an 8 foot
					clear zone around the outside perimeter.
(6) The association shall maintain triage
					supplies and medications, for use only by the division veterinarian or designee
					who is a licensed veterinarian for the emergency treatment of seriously ill or
					injured greyhounds. These supplies and medications are to be stored in the
					division veterinarian's office.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.08 - Purse structure

Current through June 24, 2024
(1) The association shall submit at least 45
					days prior to the first day of race meet the proposed purse distribution
					formula for approval by the administrator.
(2) The association shall pay all purse
					payments directly to the owner of the greyhound or, if a greyhound is leased,
					the purse shall be paid directly to the lessor and lessee of the greyhound as
					agreed in the lease affidavit on file with the association.
(3) No deductions from purse payments due a
					greyhound owner or kennel owner shall occur unless the greyhound owner or
					kennel owner consents in writing to the deduction.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.10 - Fees

Current through June 24, 2024
The association may, as determined by the division, be
						responsible for all reasonable costs incurred by the division payable to an
						outside agency, company, entity or individual other than division personnel,
						relative to tests of totalizator systems and all audits of any association or
						pari-mutuel book, record, document or other source of
						information.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.11 - Operator responsibility

Current through June 24, 2024
The racetrack operator who has contracted with an association
						licensed pursuant to s.
						562.05(1) (b),
						Stats., may be penalized as if they were the association, for any failure by
						the association to fulfill an obligation imposed by, or an action in violation
						of, ch. 562, Stats., or division regulations. In making this determination the
						division shall consider whether the operator knew, or by exercise of due
						diligence should have known of the violation; the ability of the operator to
						independently take action to avoid the violation, or, by virtue of the
						contractual relationship with the association, enforce any performance by the
						association necessary to avoid the violation.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.12 - Inclement weather

Current through June 24, 2024
An association shall obtain the approval of the stewards or
						administrator or designee prior to canceling any race due to inclement weather.
						The stewards shall order cancellation of the race performance or any portion
						thereof after consultation with the association management upon a determination
						that weather conditions pose a threat to the health of the greyhounds or
						personnel involved in the running of the race. Regulation fees are payable for
						all canceled race performances or portions thereof.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.13 - Financial audit

Current through June 24, 2024
Audits shall be completed by the association and delivered to
						the division.
(1) Each association
					shall have an annual audit performed at the close of the calendar year. This
					audit is to be performed in accordance with generally accepted accounting
					principles by an independent certified public accountant registered by the
					state of Wisconsin. The resulting audit report is to be prepared in accordance
					with the American Institute of Certified Public Accountants (AICPA) industry
					audit guide. The report shall also contain the auditor's opinion regarding the
					financial statements taken as a whole, or an assertion to the effect that an
					opinion cannot be expressed. If the auditor expresses a qualified opinion, a
					disclaimer of opinion, or an adverse opinion, the reason therefore shall be
					stated.
(2) The latest audit report
					shall be filed with the division within 120 days of the end of the calendar
					year.
(3) A request for an
					extension of time to file an audit report shall be submitted in writing 7 days
					prior to the deadline for filing the audit report.
(4) A request for an extension of time to
					file an audit report shall only be granted when the auditor submits a signed
					statement verifying that the audit cannot be completed in the designated time
					due to circumstances beyond the control of the auditor and the association. The
					auditor's statement shall also detail the circumstances that form the basis for
					the request.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 4 - Duties and responsibilities of associations and racetrack operators › Section Game 4.14 - Restricted areas

Current through June 24, 2024
(1) The following areas on association
					grounds shall be considered restricted areas:
(a) Paddock, including lock-out kennel,
					division veterinarian's office, paddock parking lot and other areas in which
					competing greyhounds may be held between weigh-in and the conclusion of live
					racing.
(b) Urine sample collection
					& processing area.
(c) Kennel
					compound.
(d) Racetrack surface,
					including starting boxes, totalizator board and all areas in between the
					paddock and racing surface where competing greyhounds may be located during
					live racing.
(e) Totalizator
					office.
(f) Money room &
					vault.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 5 - Licensure › Section Game 5.01 - Authority

Current through June 24, 2024
Sections
						562.02(1) (a)
						and 562.05(2),
						Stats., authorize the division to adopt rules relating to the issuance of and
						qualifications for a license to conduct racing and on-track pari-mutuel
						wagering activities.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 5 - Licensure › Section Game 5.02 - Purposes

Current through June 24, 2024
The purposes of this chapter are as follows:
(1) To ensure that the public health, welfare
					and safety is protected in relation to racing.
(2) To establish application and licensure
					criteria for the issuance of licenses to conduct activities relating to racing
					and pari-mutuel wagering.
(3) To
					ensure that the process for the issuance of licenses for activities relating to
					racing and pari-mutuel wagering is fair and equitable.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 5 - Licensure › Section Game 5.03 - Time for filing and approval of applications for license

Current through June 24, 2024
(1) Any person or
					entity wishing to own and operate a race track at which pari-mutuel wagering is
					conducted under s. 562.05(1) (a),
					Stats., which person or entity has not previously been licensed, shall file an
					application as set forth in s.
					Game
					5.04 with the division. The division may, in its
					discretion, determine that no applications for license pursuant to s.
					562.05(1) (a),
					Stats., will be accepted for any given period.
(2) Any person or entity wishing to sponsor
					or manage any race on which pari-mutuel wagering is conducted and which is not
					located at a fair under s.
					562.05(1) (b),
					Stats., which person or entity has not previously been licensed, shall file an
					application as set forth in s.
					Game
					5.04 with the division. The division may, in its
					discretion, determine that no applications for license pursuant to s.
					562.05(1) (b),
					Stats., will be accepted for any given period.
(3) Promptly after an application has been
					filed, the administrator shall deliver the application to the division for
					review. After review and investigation of each application by the division and
					after each applicant has had the opportunity to make an oral presentation as
					provided in s.
					Game
					5.14, the division shall, within 150 days of filing,
					make a final determination and ruling on each application.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 5 - Licensure › Section Game 5.04 - Application form and affidavit

Current through June 24, 2024
(1) An applicant
					for a license under s.
					562.05(1) (a) or
					(b), Stats., shall file with the division an
					affidavit and application and any exhibits, in the form and manner prescribed
					by the division and on forms furnished by the division.
Note: Applications and related forms are available at the
						division's office, P.O. Box 8979, Madison, WI 53708-8979, or by calling
						608/270-2555.
(2) The
					applicant shall use best efforts, to provide all information required to be
					disclosed in the application. In the event an applicant is unable, despite best
					efforts, to provide the information required, the applicant shall fully explain
					and document to the satisfaction of the division, its inability to provide the
					information.
(3) The applicant
					shall provide only information relevant to disclosures requested by the
					division.
(4) Upon request of the
					division or its agents, the applicant shall provide copies of any documents
					used in the preparation of its application.