reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 32 - Acting Assignments › Section ER-MRS 32.03 - Duration of acting assignments

Current through June 24, 2024
(1) The acting
			 assignment shall not exceed a total of 6 months, except as provided in sub.
			 (2).
(2) If the appointing
			 authority is unable to make a permanent appointment to that position within
			 that 6-month period, a written request for approval to extend the acting
			 assignment shall be submitted to the director. The extension request shall
			 indicate the expected date by which a permanent appointment shall be made and
			 include additional information as required by the director.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 32 - Acting Assignments › Section ER-MRS 32.04 - Letter of notification

Current through June 24, 2024
The appointing authority shall give written notice to the
				employee of the acting assignment. This letter of notification shall identify
				the nature of the duties to be assigned, the planned duration and other
				conditions of the acting assignment, including the fact that no adjustment in
				pay shall be made. The appointing authority shall place a copy of the notice in
				the employee's personnel file.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 34 - Project Appointment › Section ER-MRS 34.01 - Duration of project appointment

Current through June 24, 2024
The duration of a project appointment to a project position
				shall not exceed 4 years from the date of the appointment to the project
				position. Successive appointments to the same project position shall also not
				exceed 4 years from the date of the first appointment. If a project position is
				originally funded for less than 4 years and is later extended, any project
				appointment to such position may also be extended. The total duration of the
				original and extended appointment shall not exceed 4 years.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 34 - Project Appointment › Section ER-MRS 34.02 - Exclusions

Current through June 24, 2024
The provisions of this chapter do not apply to the permanent
				appointment of a person to a project position. "Permanent appointment" means
				the appointment of a person to a classified position in which permanent status
				can be attained.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 34 - Project Appointment › Section ER-MRS 34.03 - Use of project appointments

Current through June 24, 2024
(1) A project
			 position may be filled on a project appointment basis only if approved by the
			 director. In evaluating requests to make project appointments, the director
			 shall consider:
(a) The duration of the
			 proposed project appointment.
(b)
			 The availability of qualified candidates already on a register for the
			 classification or related classifications.
(c) The availability of qualified potential
			 applicants in the state labor market.
(d) The similarity of work to be performed by
			 the project position to regular functions of the employing agency.
(e) The economic and time limitations
			 associated with initiating and completing the project.
(f) Such other factors as deemed appropriate
			 by the director.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 34 - Project Appointment › Section ER-MRS 34.07 - Status and rights

Current through June 24, 2024
Employees serving a project appointment shall:
(1) Be ineligible to attain permanent status
			 in class as a result of the project appointment.
(2) Be ineligible to transfer, promote or
			 demote into a permanent, seasonal or sessional position.
See s.
				  230.27(2)
				  Stats.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 34 - Project Appointment › Section ER-MRS 34.08 - Termination

Current through June 24, 2024
(1) Employees on a project appointment may be
			 terminated at any time.
(3)
			 Employees so terminated do not have layoff or restoration rights to any
			 permanent, seasonal or sessional position unless those rights were previously
			 earned in a permanent, seasonal, or sessional position and are being applied
			 within three years of the date of separation from that position or prior to the
			 expiration of an approved leave of absence.
(4) Employees so terminated do not have
			 reinstatement eligibility to any permanent, seasonal or sessional position
			 unless the eligibility was previously earned in a permanent, seasonal, or
			 sessional position and is being applied within five years of the date of
			 separation from that position if separated prior to July 1, 2016, or within 3
			 years of layoff on or after July 1, 2016.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 34 - Project Appointment › Section ER-MRS 34.09 - Procedures and records

Current through June 24, 2024
In order to safeguard the public interest, recruitment and
				selection procedures for project appointments shall be approved by the
				director, and the appointing authority shall maintain records of the procedures
				followed in making project appointments.
Wisconsin Administrative Code › Department of Administration-Division of Personnel Management; Merit Recruitment › Chapter ER-MRS 34 - Project Appointment › Section ER-MRS 34.10 - Violations

Current through June 24, 2024
If the director finds that an agency has failed to comply with
				project appointment standards established under this chapter, the director may
				remove the incumbents of positions for which appointment standards were not
				followed. Employees subject to removal under this section shall be given notice
				and an opportunity to be heard. The director may also withdraw all delegated
				authority for making project appointments from the agency until such time as,
				in the judgment of the director, the agency takes appropriate measures to
				ensure that future project appointments will be in compliance with established
				standards.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.01 - Application of this chapter

Current through June 24, 2024
HA 1.01 Application of this chapter.
(1) ADOPTION. This chapter is adopted pursuant to ss. 15.03, 227.11(2) (a) and 227.43, Stats.
(2) APPLICATION. This chapter shall apply in
								 all contested cases proceedings and hearings before the division of hearings and appeals under ch. 227,
								 Stats., except as specifically provided otherwise. In addition, these rules shall apply if authorized under
								 the terms of any contract the division enters into under s. 227.43(1m), Stats. Agencies for which the
								 division conducts proceedings, including, but not limited to the departments of natural resources, health
								 services, children and families, employee trust funds and justice, may have specific administrative code
								 provisions or administrative decisions that govern the conduct of those proceedings. In the event of a
								 conflict between this chapter and an agency administrative code provision or administrative decision, the
								 agency administrative code provision or administrative decision is controlling.
(3) EXCLUSIONS. This chapter does not apply to corrections hearings
								 conducted pursuant to ch. HA 2, fair hearings conducted pursuant to ch. HA 3, or hearings conducted pursuant
								 to s. 115.80, Stats.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.02 - Definitions

Current through June 24, 2024
For purposes of this chapter:
(1) "Administrative law judge" means an
					administrative hearing examiner employed by the division of hearings and
					appeals.
(2) "Administrator" means
					the administrator of the division of hearings and appeals.
(3) "Agency" means the Wisconsin land council
					or a board, commission, committee, department or officer in the state
					government, except the governor, a district attorney or a military or judicial
					officer.
(4) "Appeal" means a
					pleading, petition or application made by an appellant.
(5) "Appellant" means an applicant,
					complainant or petitioner.
(6)
					"Division" means the division of hearings and appeals.
(7) "Official of the agency" means the head
					of an agency.
(8) "Party" means a
					person or agency named or admitted as a party in a contested case.
(9) "Preponderance of the evidence" means the
					greater weight of the credible evidence.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.03 - Service of documents

Current through June 24, 2024
(1) BY THE DIVISION. The division may serve
					decisions, orders, notices and other documents by first class, certified,
					registered or inter-departmental mail or by facsimile transmission.
(2) BY A PARTY. Materials filed by a party
					with the division may be served personally or by first class, certified or
					registered mail, inter-departmental mail or by facsimile transmission. All
					correspondence, papers or other materials filed by a party shall be served on
					the same date by that party on all other parties to the proceeding. Service is
					complete upon mailing. No affidavit of mailing, certification, or admission of
					service need be filed with the division.
(3) FILING DATE.
(a) Materials mailed to the division shall be
					considered filed with the division on the date of the postmark. Materials
					submitted by personal service or by inter-departmental mail shall be considered
					filed on the date they are received by the division.
(b) For materials transmitted to the division
					by facsimile, the date and time imprinted by the division's facsimile machine
					on the transaction report that accompanies the document shall determine the
					date and time of filing or of service on the division or the administrative law
					judge. Documents received after midnight local time shall be deemed filed on
					the first following business day.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.04 - Appeals

Current through June 24, 2024
(1) FORM. Appeals shall be in writing and
					shall conform to the applicable statute as to form, content, number of
					signatories and verification.
(2)
					CONTENT. Appeals shall contain the following information:
(a) The name and address of the
					appellant;
(b) a description of the
					action that is being contested, the effective date of the action and, if
					possible, a copy of the document that prompted the action;
(c) a concise statement of the reasons for
					objecting to the action;
(d) what
					type of relief the appellant is seeking;
(e) the name and address of any person who
					may be expected to appear on behalf of the appellant;
(f) a request for hearing.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.05 - Notice of hearing

Current through June 24, 2024
(1) FORM. The notice of hearing shall be in
					writing, with a title identifying the matter to be set for hearing and the
					docket number.
(2) CONTENT. The
					notice of hearing shall contain the following information:
(a) The date, time and location of the
					hearing;
(b) The statutory
					authority for the hearing;
(c) A
					short summary of the matter to be considered;
(d) The class of the contested case in
					accordance with s.
					227.01(3),
					Stats.;
(e) Other information as
					the division or the administrative law judge deems appropriate.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.06 - Place of hearings

Current through June 24, 2024
Unless otherwise specifically provided by law, all hearings
						shall be held at the offices of the division or at the location designated by
						the administrative law judge. Hearings may be conducted outside the offices of
						the division at the discretion of the administrative law judge. Within the
						discretion of the administrative law judge, prehearing and other conferences
						may be conducted by telephone and witness testimony at hearing may be allowed
						to be by telephone, if necessary and desirable.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.07 - Changes in time or place of hearing; adjournments; failures to appear

Current through June 24, 2024
(1) CHANGES.
					Requests for changes in the time and place of a scheduled hearing will be
					granted only for good cause. A request received after any required newspaper
					publication or legal notice will be rescheduled only if the person requesting
					the change bears the cost of such change and the administrative law judge deems
					such change appropriate under the circumstances presented.
(2) ADJOURNMENT. The administrative law judge
					may adjourn a hearing for good cause and the hearing shall be reset or
					reconvened at his or her discretion.
(3) FAILURE TO APPEAR.
(a) If an appellant fails to appear at a
					hearing following due notice, the administrative law judge may dismiss the
					appeal unless the appellant shows good cause for the failure to appear. If an
					appellant fails to submit proof of publication and notice as required by
					statute, the administrative law judge may dismiss the appeal and cancel the
					hearing.
(b) If a respondent fails
					to appear, the administrative law judge may take testimony and issue, modify or
					rescind an order or take the allegations in an appeal as true as may be
					appropriate, unless good cause is shown for the failure to appear.
(c) For a telephone or video hearing or
					prehearing, the administrative law judge may find a failure to appear grounds
					for default if any of the following conditions exist for more than ten minutes
					after the scheduled time for hearing or prehearing conference:
(1) The failure to provide a telephone number
					to the division after it had been requested;
(2) the failure to answer the telephone or
					videoconference line;
(3) the
					failure to free the line for the proceeding;
(4) the failure to be ready to proceed with
					the hearing or prehearing conference as scheduled.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.08 - Participation

Current through June 24, 2024
Any person desiring to participate in a proceeding before the
						division, whether on his or her own behalf or as an authorized agent or
						attorney, shall enter an appearance by giving his or her name and address, the
						name and address of any party being represented, and the capacity in which he
						or she is representing such party. A person may enter his or her appearance
						either prior to or at the commencement of a contested case hearing unless
						otherwise directed in the notice of hearing.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.09 - Witnesses and subpoenas

Current through June 24, 2024
An attorney may issue a subpoena to compel the attendance of
						witnesses under the procedure provided by s.
						805.07, Stats. The
						division or the administrative law judge may also issue subpoenas to compel the
						attendance of witnesses at hearings or discovery proceedings under this
						section. An attorney may issue a subpoena requiring the production of material
						if he or she specifies the material to be presented by the subpoenaed witness.
						Sections
						814.67,
						885.06
						and
						885.07,
						Stats., shall govern the payment of witness fees and
						expenses.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.10 - Preservation of testimony, discovery and summary judgment

Current through June 24, 2024
(1) PRESERVATION OF
					TESTIMONY AND DISCOVERY. The division or any party involved in a proceeding
					before the division may obtain discovery and preserve testimony as provided by
					ch. 227 and ch. 804, Stats. For good cause, the administrative law judge may
					allow a shorter or longer time for discovery or preserving testimony than is
					allowed by ch. 804, Stats. For good cause, the administrative law judge may
					issue orders to protect persons or parties from annoyance, embarrassment,
					oppression or undue burden, as provided in s.
					804.01(3),
					Stats., or to compel discovery and for sanctions as provided in s.
					804.12,
					Stats.
(2) SUMMARY JUDGMENT. The
					summary judgment procedure as provided in s.
					802.08, Stats.,
					shall be available to the parties upon approval by the division or the
					administrative law judge.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.11 - Conferences

Current through June 24, 2024
(1) CALL AND PURPOSE. The administrative law
					judge may call a conference at any time prior to or during the course of a
					hearing, and may require the attendance of all persons who are or wish to be
					parties to the proceeding. At the discretion of the administrative law judge, a
					conference may be conducted by telephone. The purposes of such conferences
					shall be to consider the following matters:
(a) The clarification of issues;
(b) any amendments to the
					pleadings;
(c) the admissibility of
					evidence;
(d) the possibility of
					obtaining admissions or stipulations of fact and of documents that will avoid
					unnecessary proof;
(e) the
					limitation of the number of witnesses;
(f) the identification of all parties to the
					proceeding;
(g) other matters as
					may aid in the disposition of the matter.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.12 - Conduct of hearings

Current through June 24, 2024
(1) PROCEDURE. The administrative law judge
					shall open the hearing and may make a concise statement of its scope and
					purposes. Appearances shall be entered on the record. Parties may make motions
					or opening statements.
(2) OPENING
					STATEMENTS. When opening statements are made they shall be confined to:
(a) Clear and concise summary of the evidence
					intended to be offered; and
(b) A
					statement of ultimate legal points relied upon.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.13 - Rules of evidence

Current through June 24, 2024
(1) RULES. Rules of evidence in contested
					cases are governed by s.
					227.45,
					Stats.
(2) ADMISSIBILITY. Evidence
					submitted at the time of the hearing need not be limited to matters set forth
					in the appeal. If variances occur, the appeal shall be considered amended by
					the record. The administrative law judge may grant such continuances as may be
					necessary to give other parties adequate time to prepare evidence to rebut that
					involved in any variances.
(3)
					TECHNICAL DATA. When evidence to be presented consists of data so complex as to
					make oral presentation difficult to follow, or if information can be more
					effectively presented visually, the data may be presented in exhibit form and
					supplemented and explained by oral testimony.
(4) PETITIONS. Petitions or other written
					communications not admissible as evidence may be filed with the administrative
					law judge but may not be part of the record.
(5) EXHIBITS AND PREPARED TESTIMONY.
(a) The administrative law judge may order
					parties offering documentary exhibits or prepared testimony to furnish copies
					to all other parties in advance of the hearing and to provide a reasonable
					amount of time as the administrative law judge may order to enable review of
					the prepared testimony and exhibits. Upon compliance with such order, prepared
					testimony may be admitted in evidence as though given orally, providing the
					authors are present and available for cross-examination.
(b) An administrative law judge at his or her
					discretion may exclude from the record exhibits offered into evidence that are
					bulky, dangerous, perishable, or otherwise not suitable for inclusion in agency
					records. Proponents shall make reasonable efforts to use photographs,
					recordings, or other mechanical or electronic means to substitute for physical
					evidence excluded by the administrative law judge.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.14 - Close of hearing

Current through June 24, 2024
(1) CLOSING AND BRIEFS. A hearing in a
					contested case shall be closed upon completion of the submission of all
					evidence and expiration of the period fixed for filing of briefs. If the time
					for filing briefs has expired and the brief of one or more parties is not filed
					within such time, the administrative law judge may proceed to the determination
					of the case. The administrative law judge may grant an extension of time to
					file briefs upon a showing of good cause.
(2) ADDITIONAL EVIDENCE. If evidence is
					permitted to be submitted after the close of testimony, the record will be
					closed when the evidence is received by the division or when the specified time
					for furnishing it has elapsed without its being furnished. The administrative
					law judge may, upon the request of a party, extend the time originally
					prescribed for filing such additional evidence.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.15 - Transcripts

Current through June 24, 2024
(1) METHOD AND COPIES. Hearings shall be
					recorded either stenographically or electronically. A transcript will be made
					when it is determined that one is necessary by the division or the
					administrative law judge. If the division makes a transcript, copies shall be
					furnished to all persons upon request and prepayment of a reasonable fee, as
					determined by the division. If no transcript is deemed necessary by the
					division and a party requests that one be prepared, that party shall be
					responsible for costs of transcript preparation. If several parties request
					transcripts, the division may divide the costs of transcription equally among
					the parties. In lieu of a transcript the division may provide any person
					requesting a transcript with a copy of the tape recording or an electronic
					reproduction of the hearing upon payment of a reasonable fee. All requests for
					transcription shall be made at the hearing or in writing and sent to the
					administrative law judge who presided at the hearing.
(2) FINANCIAL NEED. Any person who, by
					affidavit or other appropriate means, can establish to the satisfaction of the
					division that the person is indigent and has a legal need may be provided with
					a copy of a transcript without charge.
(3) CORRECTIONS. Any party within 14 days of
					the date of mailing of the transcript, may file with the administrative law
					judge a notice in writing of any claimed error and shall mail a copy of such
					notice to each party of record. Other parties may contest any claimed error
					within 20 days of the date of the mailing of the transcript by notifying the
					administrative law judge and other parties of record. All parties shall be
					advised by the administrative law judge of any corrections to the record
					approved by the administrative law judge.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.16 - Briefs

Current through June 24, 2024
(1) TIME SCHEDULE FOR FILING OF BRIEFS.
					Parties shall indicate on the record after the close of testimony at the
					hearing whether they desire to file briefs. The administrative law judge may
					establish a schedule for the filing of briefs. The party or parties having the
					burden of proof shall file the first brief. Other parties may subsequently file
					response briefs, which may be replied to. Alternatively, the administrative law
					judge may direct that the briefs of all parties be filed
					simultaneously.
(2) NUMBER. One
					copy of each brief should be filed with the division together with a statement
					showing upon whom copies have been served. Briefs which contain a summary of
					evidence or facts relied upon should include, where possible, reference to
					specific pages of the record containing the evidence or facts.
(3) EFFECT OF EARLY FILING. The filing of
					briefs in less time than allowed shall not change the due dates for the
					remaining briefs.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.17 - Decision

Current through June 24, 2024
(1) FORM. After the record is closed in each
					proceeding the administrative law judge shall prepare written findings of fact,
					conclusions of law and, except in the case of proceedings under s.
					227.46(3)
					(b), Stats., either a proposed or a final
					decision. The decision shall be in accordance with the provisions of ss.
					227.46
					and
					227.47,
					Stats.
(2) BURDEN OF PROOF. Unless
					the law provides for a different standard, the quantum of evidence for a
					hearing decision shall be by the preponderance of the evidence.
(3) COMMENTS ON PROPOSED DECISIONS. Where a
					proposed decision is prepared and circulated, comments shall be filed within 15
					days of service of the decision unless the administrative law judge or the
					administrator specifies a different period. An interim decision may be issued
					as a proposed decision.
(4) EFFECT
					OF DECISION. Except as provided in s.
					227.43(1)
					(bg), Stats., an agency may, by
					administrative code provision or by order in a particular case or category of
					cases, direct that a decision of the division is to be issued as a final
					decision, in which case the decision is a final decision of the agency. If the
					agency does not direct that the decision in a case or category of cases is to
					be issued as a final decision, the administrative law judge shall issue a
					proposed decision to the official of the agency.
(5) PARTIES. The administrative law judge
					shall prepare a list of persons who are parties to the proceeding and include
					the list in the decision. For purposes of identifying parties to the proceeding
					under s.
					227.47, Stats., and
					this section, the administrative law judge shall consider the following
					criteria:
(a) The nature of the agency
					proceeding;
(b) the persons on whom
					the decision will have an effect and the amount of the impact;
(c) the nature of the participation by those
					involved in the proceeding, including attendance at hearings, cross-examination
					of witnesses, and submission of briefs.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 1 - Procedure And Practice For Contested Cases › Section HA 1.18 - Review

Current through June 24, 2024
A final decision shall include a notice of any right of the
						parties to petition for rehearing and to request administrative or judicial
						review of adverse decisions. The notice shall also provide the time allowed for
						filing a petition for review and shall identify the party to be named as
						respondent in such an action.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 2 - Procedure And Practice For Corrections Hearings › Section HA 2.01 - Application of rules

Current through June 24, 2024
(1) AUTHORITY. These rules are promulgated
					under the authority of s.
					301.035(5),
					Stats., and interpret ss.
					302.11(7),
					302.113(9)
					(am),
					302.114(9)
					(am),
					938.357(5),
					973.09,
					973.10,
					973.155,
					975.10(2),
					Stats., and ch. 304, Stats.
(2)
					SCOPE. This chapter applies to corrections hearings under ss.
					302.11(7),
					973.10,
					975.10(2)
					and ch. 304, Stats. The procedural rules of general application contained in
					this chapter also apply to youth aftercare revocation proceedings in any
					situation not specifically dealt with in ch. DOC 393.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 2 - Procedure And Practice For Corrections Hearings › Section HA 2.02 - Definitions

Current through June 24, 2024
For purposes of this chapter:
(1) "Administrative law judge" means an
					administrative hearing examiner employed by the division of hearings and
					appeals.
(2) "Administrator" means
					the administrator of the division of hearings and appeals.
(3) "Client" means the person who is
					committed to the custody of the department of corrections and is the subject of
					the corrections hearing.
(4)
					"Conditions" means specific regulations imposed on the client by the court or
					department.
(5) "Day" means any
					working day, Monday through Friday, excluding legal holidays, except as
					specifically provided otherwise in s. HA 2.05(4) (a).
(6) "Department" means the department of
					corrections.
(7) "Division" means
					the division of hearings and appeals.
Division of Hearings and Appeals Note (CR 09-101): "Offender"
						as used in this chapter was intended to have the same meaning as "client". A
						definition of "offender" will be created by future rule making.
(8) "Revocation" means the removal
					of a client from probation, parole, extended supervision or youth aftercare
					supervision.
(9) "Rules" means
					those written department regulations applicable to a specific client under
					supervision.
(10) "Supervision"
					means the control and supervision of clients exercised by the department of
					corrections.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 2 - Procedure And Practice For Corrections Hearings › Section HA 2.03 - Service of documents

Current through June 24, 2024
(1) BY THE DIVISION. The division may issue
					decisions, orders, notices and other documents by first class mail,
					inter-departmental mail, electronic mail or by facsimile
					transmission.
(2) BY A PARTY.
					Unless specified otherwise by law or this chapter, materials filed by a party
					with the division may be delivered personally or by first class, certified or
					registered mail, inter-departmental mail, electronic mail or by facsimile
					transmission. All correspondence, papers or other materials submitted by a
					party shall be provided on the same date by that party to all other parties to
					the proceeding. No affidavit of mailing, certification, or admission of service
					need be filed with the division.
(3) FILING DATE. Materials mailed to the
					division shall be considered filed with the division on the date of the
					postmark. Materials submitted personally or by inter-departmental mail or
					electronic mail shall be considered filed on the date they are received by the
					division. Materials transmitted by facsimile shall be considered filed on the
					date they are received by the division as recorded on the division facsimile
					machine.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 2 - Procedure And Practice For Corrections Hearings › Section HA 2.04 - Witnesses and subpoenas

Current through June 24, 2024
An attorney may issue a subpoena to compel the attendance of
						witnesses under the same procedure as provided by s.
						805.07(1),
						Stats. The secretary of the department of corrections, or any person authorized
						by the secretary to act in his or her stead, may issue a subpoena to require
						the attendance of witnesses, on behalf of the department of corrections, in any
						community supervision revocation proceeding as provided by s.
						301.045, Stats. If
						a person on community supervision is not represented by an attorney, the
						division or the administrative law judge may issue subpoenas as provided in ch.
						885, Stats.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 2 - Procedure And Practice For Corrections Hearings › Section HA 2.05 - Revocation hearing

Current through June 24, 2024
(1) NOTICE. Notice of a final revocation
					hearing shall be sent by the division within 5 days of receipt of a hearing
					request from the department to the offender, the offender's attorney, if any,
					and the department's representative. The notice shall include:
(a) The date, time, and place of the
					hearing;
(b) The conduct that the
					client is alleged to have committed and the rule or condition that the offender
					is alleged to have violated;
(c) A
					statement of the rights established under sub. (2);
(d) Unless otherwise confidential or
					disclosure would threaten the safety of a witness or another, a list of the
					potential evidence and potential witnesses to be considered at the hearing
					which may include any of the following:
1. Any
					documents.
2. Any physical or
					chemical evidence.
3. Results of a
					breathalyzer test.
4. Any
					statements by the offender.
5.
					Police reports regarding the allegation.
6. Warrants issued.
7. Photographs.
8. Witness statements.
(e) A statement that whatever information or
					evidence is in the possession of the department is available from the
					department for inspection unless otherwise confidential;
(f) In parole revocation cases:
1. The department's recommendation for
					forfeiture of good time and any sentence credit in accordance with s.
					973.155, Stats.;
					or
2. The department's
					recommendation for a period of reincarceration and any sentence credit in
					accordance with statutes.
(g) In extended supervision cases under s.
					302.113(9)
					(am), Stats., the department's recommended
					period of reconfinement.
(h) In
					extended supervision cases under s.
					302.114(9)
					(am), Stats., for persons serving a life
					sentence, the department's recommended period of time for which the person
					shall be reconfined before being released again to extended
					supervision.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 2 - Procedure And Practice For Corrections Hearings › Section HA 2.06 - Good time forfeiture, reconfinement and reincarceration hearings

Current through June 24, 2024
(1) APPLICABILITY.
					This section applies to good time forfeiture hearings, reconfinement and
					reincarceration hearings when the offender has waived his or her right to a
					final revocation hearing.
(2)
					HEARING. Following receipt of a request from the department for a good time
					forfeiture, reconfinement or reincarceration hearing, the division shall
					conduct a hearing at the offender's assigned correctional institution. The
					administrative law judge may conduct the hearing in person or by telephone or
					video conference to determine the amount of good time to be forfeited or the
					period of reincarceration or reconfinement. In the case of good time
					forfeitures for mandatory release parolees, the division shall also determine
					whether or not good time may be earned on the forfeited good time.
(3) NOTICE.
(a) Notice of the hearing shall be sent to
					the offender, the offender's agent and the correctional institution.
(b) The notice shall include:
1. The date, time, place of the hearing and
					the amount of time available for forfeiture, reconfinement or reincarceration,
					and;
2. A statement of the
					offender's rights as established under sub. (4).
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 2 - Procedure And Practice For Corrections Hearings › Section HA 2.07 - Transcripts

Current through June 24, 2024
Hearings shall be recorded electronically. The division shall
						prepare a transcript of the testimony only at the request of a judge who has
						granted a petition for certiorari review of a revocation decision or upon
						prepayment of the cost of transcription of the record. The amount charged for
						each page of transcribed material shall be determined by the administrator and
						will be published in the public notice for access to records displayed at all
						division offices and on the internet at
http://dha.state.wi.us/home/RecordsPolicy.htm
Any party may also record the hearing at his or her own
						expense.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 2 - Procedure And Practice For Corrections Hearings › Section HA 2.08 - Harmless error

Current through June 24, 2024
If any requirement of this chapter or ch. DOC 328 or 331 is not
						met, the administrative law judge or administrator may deem it harmless and
						disregard it if the error does not affect the client's substantive rights.
						Substantive rights are affected when a variance tends to prejudice a fair
						proceeding or disposition.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.01 - Authority and purpose

Current through June 24, 2024
(1) This chapter is adopted pursuant to ss.
					15.03,
					46.016,
					49.45(5) and
					(10), 227.11(2) (a), and 227.43, Stats., and
					to conform with the requirements of
					42 USC
					8624(b)(13), Titles IV and
					XIX of the U.S. Social Security Act as amended and the Food Stamp Act of 1977,
					as amended,
					7 USC
					2011 to
					2029.
(2) This chapter governs the fair hearing
					process for considering the appeal by affected individuals of decisions made by
					the departments of health services, children and families, workforce
					development and administration and decisions by county social and human service
					departments and tribal agencies concerning medicaid, food stamps, public
					assistance and social service programs administered by these departments. This
					chapter also governs the departmental level review process for Wisconsin
					works.
(3) The purpose of hearings
					on department and agency decisions is the following:
(a) To provide an opportunity for an
					applicant to challenge a department or agency finding that he or she is
					ineligible for medicaid, food stamps, public assistance or social services or
					to challenge the date of initial eligibility by establishing that the
					department's or agency's decision on the application was incorrect.
(b) To provide an opportunity for a recipient
					of medicaid, food stamps, public assistance or social services to assert
					continuing eligibility for aid when the department or agency has decided to
					discontinue aid, or to object to aid reduction, sufficiency or form of
					payment.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.03 - Right to appeal

Current through June 24, 2024
(1) Any person applying for or receiving
					medicaid, food stamps, social services or public assistance may appeal any of
					the following administrative actions of the department or an agency:
(a) Denial of an application for benefits or
					the overt denial of the right to apply.
(b) Failure to act on an application with
					reasonable promptness.
(c)
					Reduction, suspension or termination of program benefits.
(d) The determination of the amount,
					sufficiency, initial eligibility date of program benefits excluding COP program
					benefits.
(e) A change in the form
					of payment of benefits.
(f) For the
					COP program and medicaid waiver services, the denial of eligibility for
					services or reduction or termination of services as provided in s.
					46.27(7m),
					Stats.
(g) A determination with
					regard to the preadmission screening and annual resident review requirements of
					section 1919(e)(7) of the Social Security Act of 1935, as amended.
(h) A decision to transfer or discharge a
					resident from a facility subject to the requirements of
					42 CFR
					483.12.
(i) A denial or termination of eligibility
					for medicaid under the Katie Beckett waiver program under section 1902(e)(3) of
					the Social Security Act.
(j) A
					decision to impose a medicaid lien or to deny a hardship waiver under s.
					49.496,
					Stats.
(k) Any other decision or
					action affecting a medicaid applicant or enrollee where a hearing is required
					by law.
(L) A decision to deny a
					hardship waiver under s.
					49.682(5),
					Stats., with regard to the recovery of benefits under a chronic disease
					program.
(m) The determination
					under s.
					49.85,
					Stats., to recover an overpayment of benefits by means of certification to the
					Wisconsin department of revenue and the determination of the amount of such an
					overpayment as including an amount they believe has already been repaid or
					discharged in bankruptcy.
(n) A
					denial of an application for kinship care payment on the grounds specified in
					s.
					48.57(3m)
					(am) 1, 2., 4., 4m. and 5., Stats., or the
					termination of kinship care payments.
(o) Removal of a child or any other decision
					or order by an agency or department that affects the head of a foster,
					treatment foster or group home or the children involved, per s.
					48.64(4),
					Stats.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.04 - Notification of right to appeal

Current through June 24, 2024
An agency or department shall in writing inform a person at the
						time the person applies for medicaid, food stamps, public assistance or social
						services, and at the time an agency takes an action listed under s. HA 3.03, of
						the person's right to a hearing under this chapter and of procedures for
						requesting a hearing as set forth in s. HA 3.05.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.05 - Request for a hearing

Current through June 24, 2024
(1) An applicant or recipient who wishes to
					contest an action specified under s. HA 3.03 may request a hearing.
(2) A request for a hearing may be made by
					the applicant, recipient or former recipient, by an immediate family member, or
					someone with legal authority to act on their behalf. The division in its
					discretion may require written authorization of such representation in an
					individual case or a type of case.
(a) A
					request for a hearing may be made in writing or orally and may be made to the
					agency or the division. An oral request to the agency shall be reduced to
					writing by the agency and signed by the petitioner, except that a request
					involving only food stamps need not be signed. An agency receiving a hearing
					request shall immediately date-stamp the request and forward it to the
					division.
(b) The hearing request
					shall include a short statement of the matter to be reviewed. If it is unclear
					from the request what action the person seeks to appeal or whether the
					petitioner has standing to obtain a hearing, the division may request
					clarification before taking action on the request.
Note: A hearing request should be addressed to the Division of
						Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707. Appeals may be
						delivered in person to that office at 5005 University Avenue, Room 201,
						Madison, Wisconsin.
Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.06 - Hearing arrangements

Current through June 24, 2024
(1) A hearing shall be held at a time
					reasonably convenient to the petitioner, department or agency staff and the
					administrative law judge, shall be easily accessible to the petitioner and,
					whenever possible, shall be held on department or agency premises, subject to
					the judgment of the administrative law judge.
(2) A petitioner in need of special
					arrangements for the hearing, such as an interpreter or a hearing site other
					than the county agency, shall notify the division of this need no later than 5
					days prior to the hearing.
(3) At
					least 10 days before the hearing, the division shall provide written notice to
					the petitioner and the petitioner's representative, if any, of the time, date
					and place of the hearing.
(4) The
					division may postpone a hearing for good cause. In food stamp cases, a
					petitioner may request and is entitled to receive a postponement of the
					scheduled hearing of up to 30 days.
(5) The parties may be directed by the
					administrative law judge to appear at a conference or to participate in a
					telephone conference to consider how issues might be clarified or simplified,
					whether facts or documents which may be admitted which will avoid unnecessary
					proof, or any other matter that may aid in the disposition of the
					appeal.
(6) The petitioner or
					petitioner's representative shall have an opportunity to do all of the
					following:
(a) Examine at a reasonable time
					before the date of the hearing and during the hearing all documents and records
					to be used or that are used at the hearing, and the content of the applicant's
					or recipient's case file, in accordance with
					7
					CFR 273.15(p) or 42 CFR
					431.242.
(b) Present the case or
					have it presented by a representative.
(c) Bring witnesses.
(d) Question or refute any testimony or
					evidence, and confront and cross-examine adverse witnesses.
(e) Submit relevant evidence to establish all
					pertinent facts and circumstances in the case.
(f) Advance relevant arguments without undue
					interference.