Wisconsin Administrative Code › Department of Financial Institutions › DFI-CCS 1-25 - Department of Financial Institutions-Corporate and Consumer Services › Chapter DFI-CCS 20 - Video Service Franchise › Section DFI-CCS 20.10 - Proceedings and hearings

Current through June 24, 2024
(1) GROUNDS.
				Failure to comply with applicable federal and state statutes, regulations and
				rules, including failure to comply with any requirement regarding a video
				service franchise, may constitute grounds for the department to commence a
				proceeding or bring an action under s.
				66.0420, Stats.,
				including a revocation proceeding under s.
				66.0420(3)
				(i), Stats., and an action under s.
				66.0420(13)
				(c), Stats.
(2) PLACE AND CONDUCT. Unless otherwise
				ordered by the administrator, any proceeding or hearing shall be held at the
				department, shall be conducted and presided over by the administrator or such
				subordinate as may be designated to hear the matter, and shall be open to the
				public.
(3) FORM OF PAPERS. All
				pleadings, notices, orders and other papers filed in connection with any
				proceeding or hearing shall be printed or typewritten on paper 8 1/2 inches
				wide and 11 inches long, shall include the name and mailing address of the
				party and, if applicable, the party's representative, shall be dated, and shall
				be captioned:
BEFORE THE ADMINISTRATOR WISCONSIN DEPARTMENT OF FINANCIAL
				  INSTITUTIONS DIVISION OF CORPORATE AND CONSUMER SERVICES
(4) FILING OF PAPERS. The original of any
				pleadings, notices, orders and other papers in connection with any proceeding
				or hearing shall be filed with the administrator, and a copy shall be served or
				furnished, as the case may be, to any other party to the proceeding. Papers
				shall be served by first class or certified mail addressed to any party or the
				party's representative at the party's or representative's last known post
				office address, or personally delivered to or served upon the party or the
				party's representative. Papers required to be filed with the administrator
				under this section shall be mailed by first class or certified mail or
				delivered to the Administrator, Wisconsin Department of Financial Institutions,
				Division of Corporate and Consumer Services, 201 W. Washington Avenue, Suite
				300, P.O. Box 7846, Madison, Wisconsin, 53707-7846.
(5) ANSWER IN CONTESTED CASES. The respondent
				shall make an answer to a notice in a contested case. The answer shall be
				received by the administrator by the time and date indicated in the notice. The
				answer shall contain a specific denial of each of the numbered paragraphs and
				contents of the notice which are controverted by the respondent, and a
				statement of any new matter constituting a defense or affecting the
				respondent's situation which the respondent wishes to have considered. The
				answer shall identify those numbered paragraphs and contents of the notice
				which are not controverted by the respondent. Every numbered paragraph and
				contents of the notice which are not controverted in the answer shall be taken
				as true, but new matter in the answer shall be deemed controverted without any
				reply being served or filed. Failure to answer shall constitute a default, but
				such default may be excused upon proper showing and upon such terms as the
				administrator deems just.
(6)
				ORDERS. The effective date of an order issued by the administrator shall be the
				date it is served, and service of the order shall be complete upon mailing by
				either United States first class or certified mail.
(7) TRANSCRIPT. A copy of a transcript of any
				proceeding or hearing prepared by the department shall be provided upon request
				and at a reasonable cost, as determined by the division, to any party to the
				hearing. A copy of any transcript of any proceeding or hearing prepared by a
				court reporting service shall be obtained from the service upon such terms and
				conditions as set by the service.