reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Public Defender Board › Chapter PD 3 - Indigency criteria › Section PD 3.06 - Access to financial evaluations

Current through June 24, 2024
(1) Subject to s.
			 977.06(4),
			 Stats., access to financial evaluations of applicants for appointment of
			 counsel by the state public defender may not be granted to any person, except
			 the applicant, a person authorized by the applicant, staff of the state public
			 defender, counsel appointed by the state public defender, or a court in which
			 the applicant has a pending proceeding.
(2) Requests for access to financial
			 evaluations made by a court in which the applicant has a pending proceeding or
			 by any person not specified in sub. (1) shall be referred to the applicant's
			 counsel, if one has been appointed by the state public defender, and to the
			 state public defender regional supervisor for the county in which the
			 proceeding occurred or is pending.
(3) If the state public defender regional
			 supervisor believes that the financial evaluation contains information that is
			 privileged under s.
			 905.03,
			 Stats., or confidential under chapter 20, Wisconsin Supreme Court Rules, the
			 supervisor shall redact the privileged or confidential information before
			 providing the evaluation to the court under sub. (1). If the state public
			 defender regional supervisor determines that a requestor is not entitled to
			 access to a financial evaluation, the supervisor shall promptly notify the
			 requestor of the denial of the request.
(4) During the pendency of the proceeding for
			 which the financial evaluation was completed, questions regarding eligibility
			 may be resolved pursuant to s.
			 977.06(4)
			 (a), Stats.
(5) Notwithstanding subs. (1) to (4), and
			 subject to any motion, writ, or other process that the state public defender
			 deems appropriate to contest an order or subpoena, the state public defender
			 shall comply with any court order or subpoena for production of a financial
			 evaluation.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 3 - Indigency criteria › Section PD 3.07 - Change of circumstances

Current through June 24, 2024
(1) If a client has complied with the
			 requirements of this chapter and qualified financially for appointment of an
			 attorney by the state public defender, the client remains eligible for
			 continued representation in a pending matter notwithstanding a change in
			 financial circumstances.
(2)
			 Notwithstanding sub. (1), the state public defender may adjust, pursuant to s.
			 PD
			 6.045, the payment amount, subject to s.
			 977.075(3m),
			 Stats., for a client whose financial circumstances change during the course of
			 state public defender representation.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 4 - Private Attorney Payment › Section PD 4.01 - Billing form

Current through June 24, 2024
At the time a private attorney is assigned a case by the state
				public defender pursuant to s.
				PD
				2.03, the state public defender shall furnish the
				attorney with a billing form to be submitted when the case is concluded. The
				form shall include an itemized listing of the service provided and the expenses
				incurred.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 4 - Private Attorney Payment › Section PD 4.02 - Submission of bill

Current through June 24, 2024
Within 6 months of the conclusion of the case, the private
				attorney shall submit the billing form to the local office of the state public
				defender. The state public defender shall promptly review the bill to insure
				that attorney time billed reflects reasonable attorney practice in such a case,
				as determined by the state public defender, and, except as provided for in s.
				PD
				4.06, promptly authorize payment at the rate
				established under s.
				977.08(4m),
				Stats. The "conclusion of the case" means the conclusion of trial-level
				representation for trial cases and the conclusion of appellate-level
				representation for appellate cases. If the bill is not submitted within 6
				months of the conclusion of the case, the state public defender is not required
				to pay the bill promptly.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 4 - Private Attorney Payment › Section PD 4.025 - Compensation for public representation after case commenced by retained counsel

Current through June 24, 2024
(1) Except as provided in sub. (3), if
			 privately retained counsel is appointed by the state public defender under s.
			 PD
			 2.07(1), the total amount reimbursed
			 by the state public defender to that attorney may not exceed an amount equal to
			 the total number of hours shown by contemporaneous time records to have been
			 reasonably expended on the case by that attorney multiplied by the rate the
			 state public defender is authorized by statute to pay private attorneys, less
			 any fees paid to the attorney by or on behalf of the client. The attorney's
			 expenses are not included in the computation of the maximum amount reimbursable
			 by the state public defender.
(2)
(a) Fees, if any, paid by or on behalf of the
			 client shall first be applied to the period of legal representation prior to
			 the effective date of assignment by the state public defender, using the number
			 of hours shown by contemporaneous time records to have been reasonably expended
			 on the case by that attorney during that period multiplied by the rate the
			 state public defender is authorized by statute to pay private
			 attorneys.
(b) Any fees received by
			 the attorney from or on behalf of the client in excess of the amount calculated
			 under par. (a) shall be applied to the period of representation after the
			 effective date of assignment by the state public defender and subtracted from
			 the total amount reimbursable by the state public defender under sub. (1).
Wisconsin Administrative Code › Public Defender Board › Chapter PD 4 - Private Attorney Payment › Section PD 4.03 - Appeal

Current through June 24, 2024
(1) Any attorney may appeal the state public
			 defender's reduction or denial of any submitted bill. An appeal shall conform
			 with all of the following:
(a) Notice of the
			 appeal is in writing;
(b) Notice is
			 submitted within 30 days of the receipt of the reduced or denied payment;
			 and
(c) Delivery of the notice is
			 by mail or in person.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 4 - Private Attorney Payment › Section PD 4.04 - Attorney compensation from client prohibited

Current through June 24, 2024
An attorney representing clients for the state public defender
				program may not solicit, attempt to solicit, or receive compensation from the
				attorney's client in addition to any compensation which the attorney has
				received or expects to receive from the state public defender pursuant to this
				chapter.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 4 - Private Attorney Payment › Section PD 4.05 - Private bar emergency rate reduction

Current through June 24, 2024
(1) The state
			 public defender board may reduce the payment rates under s.
			 977.08(4m),
			 Stats., by not more that $2 per hour, for either or both of the following:
(a) For time spent in-court.
(b) For time spent out-of-court, excluding
			 travel.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 4 - Private Attorney Payment › Section PD 4.06 - Annual attorney hours

Current through June 24, 2024
(1) Beginning in calendar year 1995, the
			 state public defender may only reimburse a private attorney for 2080 hours
			 worked in a single calendar year. This rule applies regardless of the year in
			 which the bill for legal services is presented.
(2) An attorney who predicts, based on
			 current and foreseeable workload, that exceptional circumstances will cause his
			 or her billable hours in any calendar year to exceed 2080, may seek advance
			 approval from the state public defender board for payment of additional hours.
			 An application for advance approval must be made in writing, and must include
			 an itemization of hours billed in the calendar year, an itemization of hours
			 worked on pending cases, and the exceptional circumstances justifying payment
			 for excess hours.
(3) An attorney
			 who is denied payment for hours worked under sub. (1) may appeal to the state
			 public defender board, pursuant to the procedures set forth in s.
			 PD
			 4.03, for a review of the denial of payment. Such
			 appeal must include documentation of the exceptional circumstance justifying
			 payment.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 5 - Adversary representation › Section PD 5.01 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "SPD attorney" means a SPD staff attorney who is assigned to a case or any
			 private bar attorney who is appointed to a case by the SPD.
(2) "Stand-by counsel" means an attorney who
			 has been appointed by a judge to assist him or her in a criminal action because
			 the defendant in the action has elected to proceed pro se.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 5 - Adversary representation › Section PD 5.02 - Adversary representation

Current through June 24, 2024
(1) Except as provided in sub. (2), all SPD
			 attorneys shall act as adversary counsel in their representation of indigent
			 clients.
(2) Nothing in this
			 section shall prohibit the state public defender or his or her designee from
			 authorizing a SPD attorney to file an amicus brief.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 5 - Adversary representation › Section PD 5.03 - Prohibition against acting as stand-by counsel

Current through June 24, 2024
(1) No SPD attorney
			 may act as stand-by counsel in any case.
(2) This prohibition applies whether or not
			 the SPD attorney was originally providing adversary representation in the
			 case.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.01 - Payment for legal representation

Current through June 24, 2024
Except as provided in ss.
				PD
				6.02 to
				6.055, a person who is responsible for
				payment for legal representation provided by the state public defender shall
				contribute to the cost of the legal representation according to the following
				schedule:
Type of Case
Amount
Type of Case
Amount
First Degree Intentional Homicide
$7500
Misdemeanor
$240
Other Class A or B Felony
$1200
Revocation
$240
Chapter 980 Proceedings
$1200
Juvenile Felony/Termination of Parental Rights
$480
Other Felony
$480
Other Juvenile
$240
Felony Diversion
$240
Commitment (Chapter 51)
$120
Special Proceeding
$120
Chapter 55
$480
Paternity
$240
Appellate/Category I
$1200
Appellate/Category II
$480
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.015 - Written notice of payment obligation for legal representation

Current through June 24, 2024
(1) The state
			 public defender shall provide the following information in writing to all
			 persons subject to payment for legal representation under s.
			 977.075(1g),
			 Stats.:
(a) The optional discount amount in s.
			 PD
			 6.02.
(b)
			 The maximum amount the person may be required to pay under the applicable fee
			 schedule in s.
			 PD
			 6.01.
(c)
			 The schedule for periodic payments if the person does not pay the optional
			 discount amount.
(d) The procedure
			 to request a determination of ability to pay.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.02 - Discount option

Current through June 24, 2024
(1) A client may elect to pay, within 60 days
			 of appointment of counsel by the state public defender, the optional discount
			 amount for representation specified in the following schedule:
Type of Case
Amount
Type of Case
Amount
First Degree Intentional Homicide
$600
Misdemeanor
$60
Other Class A or B Felony
$120
Revocation
$60
Chapter 980 Proceedings
$120
Termination of Parental Rights
$60
Other Felony
$60
Special Proceeding
$30
Felony Diversion
$60
Paternity
$60
Appellate I
$120
Appellate II
$60
(2) If
			 a client pays the optional discount amount under sub. (1), the client is not
			 liable for any additional payment for public defender legal counsel for that
			 case.
(3) The 60 day time period in
			 sub. (1) may be extended for good cause.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.025 - Determination of ability to pay

Current through June 24, 2024
(1) The state
			 public defender shall determine whether persons subject to payment for legal
			 representation have the ability to pay all, or part of, the costs of
			 representation. A person has the ability to pay some amount to these costs if
			 the person has gross income in excess of the federal poverty guidelines, as
			 defined in 42 U.S.C. s. 9902(2) (2011) or has assets treated under s.
			 PD
			 3.03(2) as available to pay the costs
			 of legal representation. The state public defender may defer the determination
			 of ability to pay until after the time period for payment of the optional
			 discount amount specified in s.
			 PD
			 6.02 has expired.
(2) The state public defender may determine
			 that a person has the ability to pay under any of the following circumstances:
(a) The person has gross income exceeding
			 115% of the federal poverty guidelines, as defined in 42 U.S.C. s. 9902(2)
			 (2011) or has assets treated under s.
			 PD
			 3.03(2) as available to pay the costs
			 of legal representation.
(b) The
			 person does not notify the state public defender by the date specified in the
			 notice sent to them under s.
			 PD
			 6.015 that they are unable to pay the specified
			 periodic payments.
(c) The person
			 does not comply with a request of the state public defender for information
			 necessary to verify their financial circumstances.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.03 - Multiple related charges

Current through June 24, 2024
(1) If multiple related charges for one
			 client are issued on separate complaints, the state public defender may waive
			 the reimbursement fee for cases opened under any of the following
			 circumstances:
(a) The multiple complaints
			 allege the issuance of forged or worthless checks on the same account and
			 within a period of three months or less.
(b) The multiple complaints allege offenses
			 arising out of a single incident.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.04 - Multiple appointments on the same case

Current through June 24, 2024
When the same case results in multiple state public defender
				appointments of counsel for a client for any of the following reasons, the
				client shall not be charged an additional fee for the case:
(1) The case was reassigned for
			 administrative reasons or because of a conflict of interest.
(2) The client requested substitution of
			 counsel.
(3) The client retained a
			 private attorney who withdrew before completion of the case.
(4) The client was granted a new trial after
			 the judgment was vacated on ineffective assistance of counsel
			 grounds.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.045 - Reimbursement from clients with changed circumstances

Current through June 24, 2024
(1) The state
			 public defender may, subject to s.
			 977.075(3m),
			 Stats., assess a payment amount in excess of the applicable amount in s.
			 PD
			 6.01 if the client is responsible for payment under s.
			 977.075,
			 Stats., and after counsel is appointed by the state public defender, does not
			 meet the financial criteria specified in s.
			 PD
			 3.03.
(2)
			 In assessing a payment amount under sub. (1), the state public defender shall
			 consider the costs of providing the client with representation and the point in
			 the applicable proceeding at which the client no longer met the financial
			 criteria specified in s.
			 PD
			 3.03.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.05 - Reimbursement from parents of juveniles

Current through June 24, 2024
(1) Pursuant to ss.
			 48.275(2)
			 (b) and
			 938.275(2)
			 (b), Stats., when the court orders
			 reimbursement by the parent of a juvenile, the amount of the reimbursement
			 shall be the amount specified in the fee schedule in s.
			 PD
			 6.01, subject to the following:
(a) The parent may request, within 30 days of
			 the reimbursement order, that the state public defender determine whether the
			 parent is indigent. If the parent does not make this request or if the parent
			 is determined not to be indigent, the reimbursement shall be the amount
			 specified in the fee schedule in s.
			 PD
			 6.01.
(b)
			 If the parent is determined to be partially indigent pursuant to s.
			 PD
			 3.03(7), the reimbursement shall not
			 exceed 25% of the amount specified in the applicable schedule in s.
			 PD
			 6.01. If the parent is determined to be indigent, no
			 reimbursement shall be assessed.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.055 - Reimbursement from persons represented in civil commitment or chapter 55 proceedings

Current through June 24, 2024
(1) Except as provided in sub. (2), when the
			 court orders reimbursement under s.
			 51.605(1)
			 or
			 55.107(1),
			 Stats., from a person for whom the state public defender has appointed an
			 attorney in a proceeding under ch. 51 or 55, Stats., the amount of the
			 reimbursement shall be the amount specified in the schedule in s.
			 PD
			 6.01 for a commitment, if the case was filed under ch.
			 51, Stats., or for a ch. 55, Stats., case, whichever is applicable.
(2) Upon the court's request at or after the
			 conclusion of the proceedings, the state public defender shall conduct a
			 determination of indigency and report the results of the determination to the
			 court.
(a) If the state public defender is
			 unable to obtain the necessary financial information or if the person is
			 determined not to be indigent, the reimbursement shall not exceed the amount
			 specified in the applicable schedule in s.
			 PD
			 6.01.
(b)
			 If the person is determined to be partially indigent as provided in s.
			 PD
			 3.03(8), the reimbursement shall not
			 exceed 25% of the amount specified in the applicable schedule in s.
			 PD
			 6.01.
(c)
			 If the person is determined to be indigent, no reimbursement may be assessed
			 under s.
			 51.605
			 or
			 55.107,
			 Stats.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.06 - Referral to department of administration

Current through June 24, 2024
The state public defender shall refer to the department of
				administration a collection account of a person who has been determined able to
				pay, has not paid the optional discount amount, has been given a monthly
				payment schedule and has missed a monthly payment by more than 10
				days.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 6 - Payment for state public defender representation › Section PD 6.08 - Reports on status of collections

Current through June 24, 2024
The state public defender shall submit quarterly reports to the
				joint committee on finance and to the department of administration regarding
				the collection of payments ordered under ss.
				48.275(2),
				51.605,
				55.107,
				757.66,
				938.275,
				977.06,
				977.075,
				and
				977.076, Stats. These
				reports shall include the amount collected and the amount of accounts
				receivable referred to the department of administration during each reporting
				period.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 8 - Discovery Payments › Section PD 8.01 - Scope of chapter on discovery payments

Current through June 24, 2024
(1) In this
			 chapter, "discovery materials" means the materials and information that a
			 district attorney or other prosecuting attorney is required to disclose by ss.
			 971.23
			 and
			 980.036,
			 Stats., or by the constitution and laws of this state or the United
			 States.
(2) This chapter applies to
			 all discovery materials provided to any attorney appointed by the state public
			 defender, staff or private, whether or not the attorney has filed a demand for
			 discovery or made any other formal request for discovery materials.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 8 - Discovery Payments › Section PD 8.02 - Maximum rates for copies of discovery materials

Current through June 24, 2024
(1) The following
			 rates are the maximum fees that the state public defender may pay for copies of
			 discovery materials in any case or proceeding in which the state public
			 defender appoints counsel:
(a) For paper
			 copies of written or printed materials, $0.20 per single-sided page, or $0.35
			 per double-sided page.
(b) For
			 copies of digital videodiscs (DVDs), digital audio recordings, and compact
			 discs (CDs), $5.00 per disc.
(c)
			 For copies of photographs, $0.50 per print for a print that is 5x7 inches or
			 less, and $1.00 per print for all others.
(d) For copies of videocassette recorder
			 (VCR) tapes and audio cassette tapes, $5.00 per recording.
Wisconsin Administrative Code › Public Defender Board › Chapter PD 8 - Discovery Payments › Section PD 8.03 - Temporary reduction or suspension of payment when appropriation for discovery is insufficient

Current through June 24, 2024
(1) When the appropriation under s.
			 20.550(1),
			 Stats., that includes funds for payments under this chapter is insufficient to
			 pay for copies of all the discovery materials that the state public defender
			 anticipates will be required during the biennial budget period, the state
			 public defender may temporarily reduce or suspend payments.
(2) The state public defender shall notify
			 the affected discovery provider of the nature and anticipated duration of any
			 reduction or suspension of payment under sub. (1).
(3) If the appropriation specified in sub.
			 (1) was insufficient in two consecutive fiscal years to pay for all discovery
			 materials that the state public defender required, the state public defender
			 shall report the insufficiency to the board, which may consider promulgating
			 rules to revise the rates in s.
			 PD
			 8.02.
Wisconsin Administrative Code › Public Records Board › Chapter PR 1 - Microfilm standards › Section PR 1.01 - Minimum standards of quality for permanent photographic records

Current through June 24, 2024
(1) PURPOSE.
			 The purpose of this rule is to establish uniform and effective criteria for raw
			 film stock used for reproducing permanent records and the testing of processed
			 film to insure the adequacy of processing methods. The standard is not
			 restricted to microfilm, but applies to motion picture films, roll films and
			 sheet films.
(2) CHANGES. When a
			 state agency, city or village considers that this standard does not provide for
			 its essential needs, it shall send a written request for changing the standard
			 to the committee on public records. The request shall be supported by adequate
			 justification explaining why the standard does not provide for essential needs.
			 The committee on public records will determine the appropriate action to be
			 taken and will notify the agency, city or village.
(3) STANDARDS. Standard film used for
			 permanent photographic records and the processing and development of that film
			 shall conform to the technical standards contained in the following
			 publications:
American Standard Specifications for Photographic Films for
				Permanent Records, PH 1.28-1957 American Standard Method for Determining the
				Thiosulfate Content of Processed Black and White Photographic Film and Plates,
				PH 4.8-1958
Note: Reference copies of these standards are available from
				the department of administration, bureau of program development and management,
				101 E. Wilson St., Madison, Wisconsin, and are on file with the legislative
				reference bureau and the secretary of state. Additional copies are available
				from the American Standards Association Inc., 10 East 40th Street, New York,
				New York.
(4)
			 APPLICABILITY. The above standards are applicable to cities and villages under
			 s.
			 18.01(5)
			 (c), 1961 Stats.
Wisconsin Administrative Code › Public Records Board › Chapter PR 1 - Microfilm standards › Section PR 1.02 - Documentary standards for permanent photographic records

Current through June 24, 2024
(1) PURPOSE. The
			 purpose of this rule is to prescribe procedures followed in the arrangement,
			 identification, indexing and photographic reproduction of documents so that the
			 microfilm copies will preserve the integrity of and be adequate substitutes for
			 the original records and admissible in evidence in all courts and all other
			 tribunals or agencies in all cases where the original documents are
			 admissible.
(2) PROCEDURE FOR STATE
			 AGENCIES. Whenever records of state agencies are microfilmed under s.
			 16.61(7),
			 Stats., the following documentary standards shall be followed:
(a) Photograph a title target at the
			 beginning of each roll showing:
1. Name of
			 agency.
2. Brief title of record
			 series and date of initial document photographed.
3. Records disposal authorization
			 number.
Wisconsin Administrative Code › Public Records Board › Chapter PR 1 - Microfilm standards › Section PR 1.03 - Procedure for microfilming retakes

Current through June 24, 2024
(1) PURPOSE.
			 Whenever records of a state agency, city or village are microfilmed under s.
			 16.61(7),
			 Stats., and documents in the records series are illegible on the processed
			 film, or were missing when the record series was microfilmed, the documents
			 shall be microfilmed as retakes.
(2) PROCEDURE FOR STATE AGENCIES.
(a) Photograph a retake title target showing:
1. Name of agency.
2. Brief title of records series and
			 inclusive dates of records.
3.
			 Records disposal authorization number.
Wisconsin Administrative Code › Public Records Board › Chapter PR 1 - Microfilm standards › Section PR 1.04 - Photographic reproduction of non-permanent public records

Current through June 24, 2024
(1) PURPOSE.
			 The purpose of this rule is to encourage the utilization of photographic
			 techniques for the filing and retention of nonpermanent records. With the
			 determination by the public records board that a record series has neither
			 permanent value nor contains important state records, an agency may be
			 authorized to photograph documents in the series.
(2) PROCEDURE. Whenever records of state
			 agencies are photographed under s.
			 16.61(8),
			 Stats., the following documentary standards shall be followed:
(a) Each photographic reproduction shall
			 contain notation on the face thereof indicating:
1. The name of the agency;
2. Public records board photograph
			 authorization number;
3. The date
			 of microfilming;
4. The camera
			 operator by initial or number.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 1 - Agents of the commission › Section PSC 1.02 - Statutory authority

Current through June 24, 2024
Each of such agents, under the direction of the commission, and
				pursuant to assignment as hereinafter provided, is authorized to supervise and
				conduct investigations which the commission is authorized to make under the
				provisions of chs. 30, 31, 87, 191, 192, 194, 195, 196, 197, 198, 201 and 227,
				Stats., and portions of chs. 66, 88, and 182, Stats., miscellaneous other
				sections prescribing commission duties, and commission general orders; and to
				conduct hearings and the taking of testimony bearing upon any investigation or
				hearing undertaken or held by the commission.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 1 - Agents of the commission › Section PSC 1.04 - Supervisor of hearings

Current through June 24, 2024
The general counsel of the commission is authorized and
				directed to assign to any administrative law judge employed by the commission
				the supervision of any particular investigation or the conduct of hearings and
				taking of testimony bearing upon any particular investigation or hearing made
				or held by the commission. Such assignments by the supervisor of hearings for
				the conduct of hearings shall constitute specific authority to the agent thus
				designated to conduct the particular hearing and the taking of testimony in the
				matter or proceeding to which such designation pertains. The secretary to the
				commission is authorized, in the absence of the supervisor of hearings, to
				perform the latter's duties.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 1 - Agents of the commission › Section PSC 1.05 - Duties of agents

Current through June 24, 2024
It shall be the duty of each of such agents to supervise and
				conduct any investigation, and to conduct any hearing or the taking of
				testimony assigned to the agent by the supervisor of hearings as above
				provided; to make report to the commission of all investigations, hearings, or
				testimony conducted or taken by the agent; and to perform such other duty, with
				respect to any such investigation or hearing, as may be required by such
				supervisor of hearings or the commission.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.01 - Applicability

Current through June 24, 2024
This chapter establishes the rules of practice and procedure
				  in commission investigations, proceedings and other dockets. Portions of this
				  chapter also apply generally to matters such as filing, computation of time and
				  other administrative matters whether or not in dockets. Where a statute or rule
				  prescribes a different process for certain kinds of matters, that process shall
				  apply wherever this chapter is inconsistent with that process. Unless otherwise
				  provided by statute, all of the provisions of ch. 227, Stats. apply to
				  commission dockets.
Examples of particular processes for certain kinds of
					 matters are the customer complaint rules contained in chapters
					 PSC 113,
					 134,
					 165, and
					 185.
Note: Sections of ch. 227 which apply to commission dockets
					 include s.
					 227.44(4)(a),
					 authorizing prehearing conferences, and s.
					 227.45,
					 entitled "Evidence and official notice."
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Administrative law judge" means a person designated to preside over a
				proceeding.
(2) "Application" means
				a written request that the commission issue or amend a certificate, license,
				permit or any other approval, authorization or exemption.
(3) "Chairperson" means the chairperson of
				the commission.
(4) "Commission"
				means the public service commission.
(5) "Complaint" means a complaint authorized
				to be filed by chs. 196 or 200, Stats.
(6) "Contested case" has the meaning given in
				s.
				227.01(3),
				Stats.
(7) "Docket" means an
				investigation, proceeding, or other matter opened by a vote of the
				commission.
(8) "Hearing" means a
				contested case hearing or other trial-type hearing.
(9) "Investigation" means an investigation
				under chs. 196, 197, 200 or 201, Stats.
(10) "Party" means a person or agency named
				or admitted as a party in a proceeding or a docket.
(11) "Person" has the meaning given in s.
				990.01(26),
				Stats.
(12) "Petition" means a
				written request to the commission, other than an application or complaint, to
				open a docket.
(13) "Proceeding"
				means a contested case or other docket that includes a hearing,
(14) "Public hearing" means a hearing that is
				not a trial-type hearing.
(15)
				"Working day" has the meaning given in s.
				227.01(14),
				Stats.
These definitions are new. Terms in use in commission
					 practice are defined, in some cases, differently. For example, the term
					 "proceeding" has generally been used to describe any matter before the
					 commission. Under these rules, a "proceeding" means only a quasi-judicial
					 matter, such as a contested case.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.03 - Role of commission staff

Current through June 24, 2024
(1) Except as provided in sub. (2), members
				of commission staff appear neither in support of nor in opposition to any
				cause, but solely to discover and present, if necessary, information pertinent
				to the docket.
(2) The commission
				may designate staff as a party in any class 2 contested case. Where a party,
				staff has the same rights and obligations as the other parties.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.04 - Role of administrative law judge

Current through June 24, 2024
(1) POWERS
				GENERALLY. Except as otherwise provided, the administrative law judge assigned
				in a docket shall perform all of the activities identified in s.
				227.46(1)
				(a) to (g) and (i), Stats., and shall make
				all of the decisions in the docket.
(2) POWERS RESERVED TO THE COMMISSION. Only
				the commission may do the following:
(a)
				Decide motions for interlocutory review, under s.
				PSC
				2.27.
(b)
				Decide requests to reopen dockets, under s.
				PSC
				2.28.
(c)
				Make findings of fact, conclusions of law and final decisions.
(d) Informally dispose of a proceeding, in
				accordance with s.
				227.44(5),
				Stats.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.05 - Computation of time and time limits

Current through June 24, 2024
(1) DEFINITION. In
				this section, "holiday" has the meaning given in s.
				230.35(4)
				(a), Stats.
(2) COMPUTATION OF TIME. In computing any
				period of time, the day of the act, event, or default from which the designated
				period of time begins to run shall not be included. The last day of the period
				so computed shall be included, unless it is a day the commission is closed, in
				which case it shall be the next day the commission is open. When a period of
				time prescribed or allowed is less than 11 days, Saturdays, Sundays, and
				holidays shall be excluded in the computation.
(3) ENLARGEMENT OF TIME.
(a) When an act is required by law or by
				order to be done at or within a specified time, the period of time may be
				enlarged, but only for good cause shown and upon just terms. Requests shall be
				made within a reasonable time prior to the expiration of the period in
				question. Requests made after the expiration of the period in question shall
				not be granted unless the failure to act was the result of excusable
				neglect.
(b) In a proceeding, a
				motion to enlarge the time for service or filing is governed by s.
				PSC
				2.23(3).
(c) Only the commission may modify a time
				period established by the commission, except that the chairperson of the
				commission may enlarge any period of time established by the commission for up
				to 3 working days.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.06 - Filing and service

Current through June 24, 2024
(1) FILING. A person shall file any paper
				authorized or required to be filed by this chapter with the records management
				unit of the commission between the hours of 7:45 a.m. and 4:00 p.m. on a
				working day. Papers are not considered filed until they are date and time
				stamped by the records management unit. Persons may file in person or by mail.
				In addition, persons may file submissions of no greater than 25 pages by
				facsimile.
(2) COPIES. Unless
				otherwise permitted, a person shall file the original and 20 copies of all
				papers filed with the commission, except that the records management unit will
				duplicate, at the expense of the filer, any paper filed by facsimile.
(3) SERVICE.
(a)
1. In a
				proceeding, parties shall serve upon all other parties, a copy of any paper
				filed with the commission. In dockets where the commission has ordered or
				requested written comments, persons filing comments shall serve copies upon the
				person who filed the request to open the docket.
2. The filing of any paper required to be
				served constitutes a certification by the person making the filing that a copy
				of such paper has been served.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.07 - Requests to open dockets

Current through June 24, 2024
(1) HOW REQUESTED. The commission may open a
				docket at the written request of any person or on its own motion. A request to
				open a docket shall be in the form of an application or a complaint, whichever
				is specified in the statutes or rules for a particular matter, or, where
				neither an application nor a complaint is specified, in the form of a
				petition.
(2) REQUEST REQUIREMENTS.
				A request to open a docket shall contain all of the following:
(a) A statement of the issues
				presented.
(b) A statement of the
				facts necessary to an understanding of the issues.
(c) A statement of the reasons why the
				commission should open the docket, and the remedy which the person is seeking
				in the docket.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.08 - Informal complaints

Current through June 24, 2024
(1) Informal complaints may be made in
				writing addressed to the commission. Letters may be considered as informal
				complaints. Matters presented in this manner are handled by correspondence or
				other informal investigation or by a formal investigation instituted by the
				commission upon its own motion.
(2)
				Complaints with respect to public utility rates, practices, or service made by
				less than 25 persons (see s.
				196.26,
				Stats.) will be treated as informal complaints. The commission may open a
				docket in these matters upon its own motion.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.09 - Notices

Current through June 24, 2024
(1) HOW ISSUED. A docket is opened when the
				commission issues a notice of investigation, a notice of proceeding, or such
				other notice sufficient to identify the basis and nature of the docket. A
				notice is issued when the secretary of the commission signs it.
(2) PROCEEDINGS.
(a) A notice of proceeding shall state all of
				the following:
1. Whether the proceeding is
				being initiated on the commission's own motion or upon request.
2. The purpose of the proceeding.
3. The legal basis for the
				proceeding.
4. The names of the
				parties.
5. Whether the proceeding
				is a contested case and, if so, what class of contested case or, if the
				proceeding is not a contested case, what procedures will govern the
				proceeding.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.10 - Application for rate increase; notice to customers

Current through June 24, 2024
(1) NOTICE OF
				APPLICATION FOR RATE INCREASE.
(a) When a
				public utility applies for a general revision of rates, which, if authorized,
				would result in a rate increase, the public utility shall inform each affected
				customer of the filing of the application and the general nature and effect of
				the filing.
(b) The public utility
				shall provide the notice under par. (a) by means of a bill insert over one
				complete billing cycle, using its standard bill insert and mailing procedures,
				containing the following information: the amount of the request, the reasons
				for the request, the dates of any hearings or prehearing conferences already
				established in the docket and how the customer can contact the commission to
				learn of any scheduling changes or additions, and the effect on the average
				customer if the request were to be granted.
(c) If customer bills are not issued monthly,
				the utility shall furnish the information to customers by a special mailing or
				by means of a display advertisement in a newspaper having general circulation
				in the utility's service area.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.11 - Abandonment or discontinuance of service

Current through June 24, 2024
No public utility may abandon facilities or discontinue
				  service without commission authorization made after a public hearing. The
				  commission need not hold a public hearing if the application is accompanied by
				  all of the following:
(1) A map
				indicating the location of the facilities to be abandoned or the facilities
				from which service is to be discontinued, as well as the location of all actual
				or potential customers affected by the proposed action.
(2) A statement that all actual or potential
				consumers have either consented to or waived objection to abandonment or
				discontinuance.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter I - General › Section PSC 2.12 - Confidential handling

Current through June 24, 2024
(1) APPLICABILITY.
(a) In this section, "record" has the meaning
				given in s.
				19.32(2),
				Stats.
(b) This section applies to
				requests for confidential handling of records filed with the
				commission.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter II - Proceedings and Dockets › Section PSC 2.20 - Parties

Current through June 24, 2024
(1) WHO ARE PARTIES. The following are
				parties to proceedings or dockets:
(a) In a
				proceeding, a person filing an application is an applicant.
(b) In a proceeding, a person filing a
				complaint is a complainant.
(c) In
				a proceeding, a person filing a petition is a petitioner.
(d) In a proceeding, a person named as
				provided in s.
				PSC
				2.07(3) is a respondent.
(e) A person admitted as a party in a
				proceeding under s.
				PSC
				2.21(1) or (2) or a person admitted
				as a party in a docket under s.
				PSC
				2.21(2) is an intervener.
(f) Commission staff, if designated as
				provided in s.
				PSC
				2.03(2).
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter II - Proceedings and Dockets › Section PSC 2.21 - Intervention

Current through June 24, 2024
(1) INTERVENTION BY RIGHT. A person whose
				substantial interests may be affected by the commission's action or inaction in
				a proceeding shall be admitted as an intervenor.
(2) PERMISSIVE INTERVENTION. A person not
				satisfying the criteria of sub. (1) may nevertheless intervene in a proceeding
				or docket if the person's participation likely will promote the proper
				disposition of the issues to be determined in the proceeding or docket and if
				the person's participation will not impede the timely completion of the
				proceeding or docket.
(3)
				PROCEDURE. A person requesting intervention in a proceeding shall file a
				request no later than 60 days after the issuance of the notice of proceeding,
				or within a different time set by the administrative law judge at the final
				prehearing conference. A person requesting intervention in a docket shall file
				a request no later than 60 days after the opening of the docket, or within a
				different time set by the commission at the time it opens the docket.
(4) INTERVENTION OUT OF TIME.
(a) If a person fails to request intervention
				within the time prescribed in sub. (3), the person must request to intervene
				out of time. In acting on such a request, the commission or administrative law
				judge may consider all of the following:
1.
				Whether the requestor had good cause for failing to file the request within the
				prescribed time.
2. Whether any
				disruption of the proceeding or docket may result from permitting
				intervention.
3. If any prejudice
				to, or additional burdens upon, the existing parties may result from permitting
				the intervention.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter II - Proceedings and Dockets › Section PSC 2.22 - Representatives

Current through June 24, 2024
A person desiring to participate in a docket, whether on his
				  or her own behalf or as an authorized agent or attorney, shall enter an
				  appearance in person by giving his or her name and address and the name and
				  address of any party he or she represents and in what capacity he or she is
				  employed by that party.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter II - Proceedings and Dockets › Section PSC 2.23 - Motions

Current through June 24, 2024
(1) HOW MADE. A party seeking an order shall
				make a motion. Unless made during a hearing, a motion shall be made in writing,
				shall state with particularity the grounds for the motion, and shall set forth
				the relief requested.
(2) RESPONSES
				AND REPLIES. Parties may respond to a motion no later than 10 days after
				service of the motion. The movant may reply to a response no later than 5 days
				after service of the response.
(3)
				MOTION TO ENLARGE TIME. A motion to enlarge the time for service or filing for
				up to 3 days may be acted upon without awaiting a response to the
				motion.
Wisconsin Administrative Code › Public Service Commission › Chapter PSC 2 - Procedure and practice › Subchapter II - Proceedings and Dockets › Section PSC 2.24 - Discovery

Current through June 24, 2024
(1) METHODS OF DISCOVERY. In an investigation
				or proceeding, depositions of witnesses may be taken by the commission or any
				party as provided in s.
				196.33, Stats. In a
				proceeding, depositions and requests for the production of documents, data, or
				other information may be taken or made by the commission or any party as
				provided under ch. 804, Stats.
(2)
				DISCOVERY MOTIONS. Any motion pursuant to s.
				804.12,
				Stats., shall include a certification that the movant has in good faith
				conferred or attempted to confer with the person subject to the motion in an
				effort to resolve their dispute without commission action.