reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter IV - Summary Suspensions and Limitations › Section VE 3.70 - Commencement of disciplinary proceeding

Current through June 24, 2024
(1) A complaint,
				under s. VE 3.26, commencing a disciplinary proceeding against the respondent
				shall be issued no later than 20 days following the issuance of the summary
				suspension or limitation order or the suspension or limitation shall lapse at
				the end of the tenth subsequent day, meaning the thirtieth day following the
				issuance of the summary suspension or limitation order. The formal disciplinary
				proceeding shall be determined promptly.
(2) If at any time the disciplinary
				proceeding is not advancing with reasonable promptness, the respondent may make
				a motion to the administrative law judge for an order granting
				relief.
(3) If it is found that the
				disciplinary proceeding is not advancing with reasonable promptness, and the
				delay is not as a result of the conduct of respondent or respondent's counsel,
				a remedy, as would be just, shall be granted including:
(a) An order immediately terminating the
				summary suspension or limitation.
(b) An order compelling that the disciplinary
				proceeding be held and determined by a specific date.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.72 - Scope; kinds of proceedings

Current through June 24, 2024
This subchapter governs procedures for public hearings
				  before the department to determine whether a person has engaged in a practice
				  or used a title without a credential required under ch. 89, Stats., and whether
				  to issue a special order for an administrative injunction.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.74 - Pleadings to be captioned

Current through June 24, 2024
All pleadings, notices, orders, and other papers filed in an
				  administrative injunction proceeding shall be captioned: "BEFORE THE DEPARTMENT
				  OF AGRICULTURE, TRADE AND CONSUMER PROTECTION" and shall be entitled: "IN THE
				  MATTER OF A PETITION FOR A SPECIAL ORDER TO ENJOIN _________________,
				  RESPONDENT."
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.76 - Petition for administrative injunction

Current through June 24, 2024
Department counsel, on behalf of the division, may petition
				  for a special order from the department to issue an administrative injunction,
				  which shall allege that a person has engaged in a practice or used a title
				  without a credential required under ch. 89, Stats. A petition may be made on
				  information and belief and shall contain:
(1) The name and address of the respondent
				and the name and address of the department attorney who is prosecuting the
				petition.
(2) A short statement in
				plain language of the basis for the belief that the respondent has engaged in a
				practice or used a title without a credential required under ch. 89, Stats.,
				and specifying the statute or rule alleged to have been violated.
(3) A request in essentially the following
				form: "Wherefore, the petitioner requests that a public hearing be held and
				that the department issue a special order enjoining the person from the
				continuation of the practice or use of the title."
(4) The signature of the
				petitioner.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.78 - Service and filing of petition

Current through June 24, 2024
(1) The petition and
				other papers required to be served on a respondent may be served by mailing a
				copy of the paper to the respondent at the last known address of the
				respondent, by any procedure described in s.
				801.14(2),
				Stats., or by electronic transmission if agreed to by the respondent or
				respondent's attorney. Service by mail is complete upon mailing.
(2) Any paper required to be filed with the
				department may be mailed to the department secretary's office and, if an
				administrative law judge has been designated to preside in the matter, to the
				administrative law judge and shall be deemed filed 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 at the department secretary's
				office or by the administrative law judge. Papers required to be filed may
				instead be filed and served by facsimile transmission or by electronic mail.
				For materials transmitted by facsimile, the date received shall determine the
				date of filing. For materials transmitted by electronic mail, the filing date
				shall be the date that the electronic mail was sent.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.80 - Answer

Current through June 24, 2024
(1) An answer to a petition shall state in
				short and plain terms the defenses to each cause asserted and shall admit or
				deny the allegations upon which the complainant relies. If the respondent is
				without knowledge or information sufficient to form a belief as to the truth of
				the allegation, the respondent shall so state and this has the effect of a
				denial. Denials shall fairly meet the substance of the allegations denied. The
				respondent shall make denials as specific denials of designated allegations or
				paragraphs but if the respondent intends in good faith to deny only a part or a
				qualification of an allegation, the respondent shall specify so much of it as
				true and material and shall deny only the remainder.
(2) The respondent shall set forth
				affirmatively in the answer any matter constituting an affirmative
				defense.
(3) Allegations in a
				petition are admitted when not denied in the answer.
(4) An answer to a petition shall be filed
				within 20 days from the date of service of the petition.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.82 - Administrative law judge

Current through June 24, 2024
(1) DESIGNATION. The department may request
				DHA assign an administrative law judge to preside over any administrative
				injunction proceeding.
(2)
				AUTHORITY AND DUTIES. An administrative law judge may, on behalf of the
				department, do all of the following:
(a) Gain
				permission from parties for service of all documents to be via electronic
				transmission, or other means if necessary.
(b) Require parties to clarify positions or
				issues.
(c) Hold prehearing
				conferences and issue memoranda for the record, summarizing all actions taken
				and agreements reached.
(d) Make
				procedural rulings and issue scheduling orders, including for motions, date,
				time and location of hearing, discovery, identification of witnesses and
				evidence for hearing, stipulations by the parties for hearing and other matters
				aiding in the orderly disposition of the proceedings.
(e) Hold motion hearings.
(f) Adjourn or postpone
				proceedings.
(g) Grant continuances
				or extensions of time.
(h) Issue
				subpoenas to compel the witness attendance and document production.
(i) Regulate discovery proceedings, and issue
				orders to compel or limit discovery.
(j) Select the location of the
				hearing.
(k) Preside over hearings
				and regulate the course of hearings.
(l) Administer oaths and
				affirmations.
(m) Make evidentiary
				rulings and receive relevant evidence.
(n) Impose sanctions on disobedient
				parties.
(o) Require or permit the
				parties to file written briefs and arguments.
(p) Supervise the required creation of a
				stenographic or electronic record of the portion of the proceedings conducted
				under the auspices of the administrative law judge.
(q) If required, order and supervise the
				preparation of a written transcript of proceedings conducted before the
				administrative law judge.
(r) Issue
				proposed decisions.
(s) Issue final
				decisions and orders, if requested by the department.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.84 - Settlements

Current through June 24, 2024
At any point in a proceeding, the parties may agree to
				  settle the case. Parties wishing to settle a case shall file both a written
				  stipulation, signed by the respondent and any representative, and the division
				  representative and department counsel, setting forth the agreed terms of
				  settlement, and a proposed final order disposing of the case, for approval by
				  the department. No stipulation disposing of a petition filed under this
				  subchapter shall be effective or binding in any respect until the final order
				  is approved and signed by the department.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.86 - Conduct of public hearing

Current through June 24, 2024
(1) RECORD. A
				stenographic, electronic or other record shall be made of all hearings in which
				the testimony of witnesses is offered as evidence.
(2) EVIDENCE. The respondent shall have the
				right to appear in person or by counsel, and both parties have the right to
				call, examine, and cross-examine witnesses and to introduce evidence into the
				record.
(3) BRIEFS. The
				administrative law judge may require or permit the filing of briefs.
(4) MOTIONS. All motions, except those made
				at hearing, shall be in writing, filed by the date set by the administrative
				law judge, with a copy served upon the opposing party.
(5) SUMMARY JUDGMENT. The parties may use the
				summary judgment procedure provided in s.
				802.08,
				Stats.
(6) ADJOURNMENTS. The
				administrative law judge may, for good cause, grant continuances, adjournments
				and extensions of time.
(7)
				SUBPOENAS.
(a) Subpoenas for the attendance
				of any witness at a hearing in the proceeding may be issued in accordance with
				s.
				885.01,
				Stats. Service shall be made in the manner provided in s.
				805.07(5),
				Stats. A subpoena may command the person to whom it is directed to produce the
				books, papers, documents, or tangible things designated therein.
(b) An administrative law judge may issue
				protective orders according to the provision the provisions of s.
				805.07,
				Stats.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.90 - Record of proceedings, transcripts

Current through June 24, 2024
(1) RECORD OF ORAL
				PROCEEDINGS. Oral proceedings in an administrative injunction case shall be
				electronically recorded unless the administrative law judge determines that a
				stenographic record is necessary.
(2) ELECTRONIC RECORDING; COPIES. If an oral
				proceeding in an administrative injunction case is electronically recorded, a
				copy of the recording shall be furnished at cost to any party who requests a
				copy.
(3) STENOGRAPHIC RECORDING;
				COPIES.
(a) If a stenographic recording is
				made, the reporting service who recorded the proceeding may charge a fee for an
				original transcription and for copies. Fees are identified in the state
				operational purchasing bulletin for reporting services and fees allowed to be
				charged.
(b) A person who is
				without means and who requires a transcript for appeal or other reasonable
				purposes shall be furnished with a transcript without charge upon the filing of
				a petition of indigency signed under oath.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.92 - Decision

Current through June 24, 2024
The administrative law judge shall prepare a proposed
				  decision for consideration by the department or a final decision, if designated
				  as final decision maker. The decision, whether proposed or final, shall include
				  findings of fact, conclusions of law, and an order, with a signed opinion
				  explaining the decision.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.94 - Service of decision

Current through June 24, 2024
The administrative law judge shall deliver the proposed or
				  final decision, with a copy of the record including the electronic recording of
				  the proceedings, to the department. The proposed or final decision shall be
				  served by the administrative law judge on the parties with a notice providing
				  each party adversely affected by the proposed decision with an opportunity to
				  file objections and written argument with respect to the objections to the
				  department or to the administrator of DHA, depending on who is the final
				  decision maker. A party adversely affected by a decision shall have 20 days
				  from the date of service of the proposed decision to file objections and
				  argument.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 3 - Complaint Procedures › Subchapter V - Administrative Injunctions › Section VE 3.96 - Final decision and order

Current through June 24, 2024
After the time expires for filing all objections to the
				  proposed decision and order, the department or the administrator of DHA shall
				  make a final decision and order in the administrative injunction proceeding. If
				  the final decision varies from the administrative law judge's decision, the
				  final decision shall explain the reasons for all variations.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 4 - Veterinary Professional Assistance Program › Section VE 4.04 - Contract for program

Current through June 24, 2024
(1) The board may enter into a contract with
			 a nonprofit corporation or veterinary professional association to provide a
			 veterinary professional assistance program, which may include any or all of the
			 following:
(a) Contracting with assessment,
			 testing, treatment, rehabilitation, monitoring, or support service providers,
			 in accordance with the requirements in ss. VE 4.12 and 4.14. The program shall
			 inform all service providers, and update changes in this information as soon as
			 possible, of the employees in the program designated to receive required
			 information from the service provider.
(b) Receiving and evaluating reports of
			 suspected impairment from any source.
(c) Intervening in cases of verified
			 impairment.
(d) Signing a
			 confidential participation agreement with impaired veterinary professionals for
			 making referrals to them to utilize services, from service providers contracted
			 with under par. (a), outside the disciplinary process.
(e) Referring and monitoring services to
			 credential holders, within the board's disciplinary process.
(f) Providing post-treatment monitoring and
			 support to impaired veterinary professionals in the voluntary program and
			 credential holders in the disciplinary program.
(h) Reporting program statistical information
			 to the board.
(i) Reporting all
			 require information in the disciplinary program, so the board may carry out its
			 disciplinary authority under ss. VE 1.60 and 2.28.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 4 - Veterinary Professional Assistance Program › Section VE 4.10 - Disciplinary program participation agreement

Current through June 24, 2024
(1) The credential
			 holder's participation agreement in the disciplinary program shall at a minimum
			 include:
(a) A statement describing the
			 credential holder's conduct, relating to participation in the
			 program.
(b) An acknowledgement by
			 the credential holder of the impairment needing treatment.
(c) An agreement to participate, at the
			 credential holder's expense if necessary, in an approved treatment
			 regimen.
(d) An agreement to submit
			 to random monitored alcohol, drug, or other chemical screens at the credential
			 holder's expense, by a service provider for alcohol, drug, or other chemical
			 testing approved by the program under s. VE 4.14, if deemed necessary by the
			 program.
(e) An agreement to submit
			 to practice restrictions at any time during the treatment regimen, as deemed
			 necessary by the program.
(f) An
			 agreement to furnish the program with signed consents for release of
			 information from service providers and employers, authorizing the release of
			 information to the program and board for the purpose of monitoring the
			 credential holder's participation in the program.
(g) An agreement authorizing the program to
			 release, to the employer or any service provider identified by the credential
			 holder, all of the following:
1. The
			 information described in pars. (a), (c), and (e).
2. If the credential holder violates the
			 terms of the disciplinary program under s. VE 4.08 (1).
3. If the credential holder is dismissed from
			 the disciplinary program, pursuant to s. VE 4.08 (2).
(h) An agreement authorizing the program to
			 release the results of random monitored alcohol, drug, or other chemical
			 screens under par. (d), to any service provider identified by the credential
			 holder.
(i) An agreement to
			 participate in the program for a period of time, as established by the
			 stipulation between the credential holder and board or disciplinary
			 counsel.
Wisconsin Administrative Code › Veterinary Examining Board › Chapter VE 10 - Continuing Veterinary Education For Veterinarians And Veterinary Technicians (Repealed) › Section VE 10.04 - Continuing education and training in the use, handling, distribution and disposal of pesticides required (Repealed)

Current through June 24, 2024
Sectio n 94.702, Stats., was repealed by 2009 Wis. Act
				  139.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 1 - General provisions › Section WFSB 1.02 - Purpose and construction

Current through June 24, 2024
Chapters   WFSB 1   to  12   govern the conduct of all proceedings
				involving negotiation and arbitration before the waste facility siting board
				and before any examiner in disputes. Chapters   WFSB 1   to  12   shall be liberally
				construed to effectuate the purposes and provisions of s.
				289.33, Stats. The examiner may
				waive any requirements of chs.   WFSB 1   to  12   unless a party shows prejudice
				thereby.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 1 - General provisions › Section WFSB 1.03 - Policy

Current through June 24, 2024
The policy of the state being to create and maintain an
				effective and comprehensive policy of negotiation and arbitration between
				affected parties involving waste facilities, nothing in chs.   WFSB 1   to  12   shall
				be construed to prevent the examiner from using its or his or her best efforts
				to adjust any dispute arising between applicants and local committees
				representing affected municipalities.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 1 - General provisions › Section WFSB 1.04 - Definitions

Current through June 24, 2024
(1) TERMS, DEFINED IN STATUTE. Any terms used
			 in these rules that are defined in ss.
			 289.01 and
			 289.33(3),
			 Stats., have the meaning set forth in those sections.
(2) In chs.   WFSB 1   to  12:
(a) "Additional municipality" means any town,
			 city, village, or county which does not qualify as an affected municipality but
			 is included in the negotiation-arbitration process by written agreement of the
			 applicant and the participating affected municipalities.
(b) "Applicant" means a person applying for a
			 license or the owner or operator of a facility.
(c) "Examiner" means the board, or any of its
			 members or any member of its staff, or any individual designated by the board
			 to act on its behalf in any board proceeding.
(d) "Party" means either the applicant or
			 local committee, as defined in s.
			 289.33(3),
			 Stats., in any board proceeding.
(e) "Public hearing" means a hearing
			 conducted in any proceeding before the board where the parties to the
			 proceedings or their representatives shall be afforded the opportunity to
			 present facts, views or arguments relative to the proceeding.
(f) "Public informational hearing" means a
			 hearing where the local committee shall afford all interested persons or their
			 representatives an opportunity to present facts, views or arguments relative to
			 a proceeding before the board or local committee.
(g) "Public meeting" means a meeting
			 conducted in any arbitration proceeding where the parties and only those
			 parties to the arbitration or their representatives shall be afforded the
			 opportunity to present facts, views or arguments relative to the arbitration.
			 The public meeting shall not be a contested case hearing under s.
			 227.42, Stats.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.01 - Special rules

Current through June 24, 2024
Chapters   WFSB 3   to  11   set forth special rules applicable to the
				proceedings described in chs.   WFSB 3   to  11. This chapter sets forth general
				rules applicable to all types of proceedings.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.02 - Resolution of conflicts

Current through June 24, 2024
In any conflict between a general rule in ch. WFSB 2 and a
				special rule in another chapter applicable to a particular type of proceeding,
				the special rule shall govern.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.03 - Initiation of proceedings, method, forms, where to file

Current through June 24, 2024
A proceeding may be initiated by filing an appropriate document
				as specified in these rules. Standard language for initiating proceedings under
				s. 289.33, Stats., is set forth in
				chs.   WFSB 3   to  11   governing particular proceedings. The initiating document
				shall be submitted to the board at its Madison office.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.04 - Consolidation and severance of proceedings

Current through June 24, 2024
Whenever the board deems it necessary, in order to effectuate
				the purposes of s. 289.33, Stats., or to avoid
				unnecessary costs or delay, proceedings under several subsections of s.
				289.33, Stats., may be combined
				into a single proceeding or severed by issues.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.05 - Form of documents other than correspondence

Current through June 24, 2024
(1) TITLE.
			 Documents shall clearly show the title of the proceeding and the docket number.
			 Titles are found in chs.   WFSB 3   to  11   governing specific proceedings. Docket
			 numbers will be assigned at the office of the board when the initiating
			 petition is received. Docket numbers may be obtained from the board at its
			 Madison office.
(2) WHERE TO
			 SUBMIT. All documents and papers submitted prior to hearing shall be submitted
			 to the board at its Madison office. During the course of the hearing, all
			 matters shall be submitted to the examiner. After the close of the hearing, all
			 matters shall be submitted to the board at its Madison office.
(3) NUMBER OF COPIES; FORM. Except as
			 otherwise provided in these rules, any document submitted to the board, prior
			 to, during, or after hearing shall be submitted with 9 copies in addition to
			 the original. All matters submitted to the board shall be printed, typed or
			 otherwise legibly duplicated.
(4)
			 SIGNATURE. The original of each document submitted shall be signed by an
			 attorney or representative of record for the party, or in case of a party not
			 so represented, by the party itself, or by an officer of the party if it is a
			 corporation or an unincorporated association.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.06 - Submission of papers other than letters

Current through June 24, 2024
(1) EXTENSION OF
			 TIME. The examiner may, by agreement of the affected parties for good cause
			 shown, extend any time limit prescribed or allowed in chs.   WFSB 3   to  11. Any
			 such request to extend any time limit shall be in writing and, except for good
			 cause shown, be received at least 3 working days before the expiration of such
			 time limit. This section does not apply to deadlines prescribed in s.
			 289.33, Stats.
(2) METHOD OF SUBMISSION. Notices of
			 hearings, decisions, orders, and other process or papers issued by the
			 examiner, or required to be submitted thereby, shall be submitted to parties
			 residing or located in the state by certified mail and proof of submission
			 established by return post office receipt.
(3) COMPLETION OF SUBMISSION. Papers required
			 by s. 289.33, Stats., this chapter,
			 any other chapter, or order of the board, to be submitted to the examiner shall
			 be deemed submitted when:
(a) Delivered in
			 person, or
(b) Left at the
			 principal office or place of business of the person served, or
(c) Addressed to the last known address of
			 the person served and deposited in the United States mail, certified, return
			 receipt requested, or
(d) Addressed
			 to the last known address of the person served and deposited with a telegraph
			 company.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.07 - Effect of failure to submit statement in response

Current through June 24, 2024
Any party who fails to submit a statement in response to a
				petition, within the time provided under the rules governing particular
				procedures or by any extension granted, shall be deemed to admit the accuracy
				of the factual allegations made in the petition, and shall, unless good cause
				be shown, be precluded from introducing any evidence controverting any factual
				allegations in the petition.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.08 - Requests and statements in opposition

Current through June 24, 2024
In ch. WFSB 2:
(1)
			 "Request" means an application made, either in writing or orally, to the board,
			 its agent, or hearing examiner for the purpose of obtaining a rule or order
			 directing some act to be done in favor of the applicant.
(2) PRESENTATION. All requests shall be made
			 in writing, except that requests made at a hearing may be stated orally on the
			 record, and shall briefly state the order, ruling, or action sought and shall
			 set forth specifically the reasons for the request. Alternate relief may be
			 requested. Any party may request that the board or individual conducting the
			 proceeding take any action which they are authorized to take by these rules.
			 Any statement opposing a request shall be promptly filed and shall conform to
			 the same requirements.
(3)
			 DISPOSITION. Except for requests made at the hearing, the board shall rule upon
			 requests submitted to it. Requests made during a hearing shall be ruled on by
			 the individual conducting the hearing, except requests referred to the board,
			 either during the hearing or at such time as the entire record is considered.
			 All rulings on requests shall be in writing, or if announced at the hearing,
			 may be stated orally on the record.
(4) RULINGS AND ORDERS PART OF THE RECORD.
			 All requests, and any rulings or order thereon shall become part of the
			 record.
(5) TO RESCHEDULE HEARING.
			 A request by either party to reschedule hearing shall set forth
(a) The reasons for the request,
(b) Alternate dates for rescheduling,
			 and
(c) The positions of all other
			 parties, if known.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.09 - Prehearing conference

Current through June 24, 2024
(1) PURPOSE. Prehearing conferences are
			 intended to provide an opportunity to consider:
(a) Formulation of a statement of the issue
			 or issues presented by a proceeding.
(b) Whether the parties can reconcile
			 differences and settle any issues among themselves.
(c) The possibility of obtaining stipulations
			 as to facts in the case.
(d)
			 Designation of time and place for the public meeting in an
			 arbitration.
(e) Which party shall
			 present evidence first at public hearings and meetings.
(f) Any other issues which shall aid the
			 board in performing its duties.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.11 - Hearings, transcripts

Current through June 24, 2024
(1) PUBLIC HEARING. All hearings shall be
			 public.
(2) RESCHEDULING OF
			 HEARING. Upon its own motion or proper cause shown by any of the parties, the
			 board may, prior to the opening of the hearing, reschedule the date of such
			 hearing.
(3) RIGHTS OF PARTIES AT
			 HEARING. Any party shall have the right to appear by counsel or by any other
			 representative to present his case by oral, documentary, or other evidence, and
			 to conduct such cross examination as may be required for a full and true
			 disclosure of the facts. Any party shall be entitled, upon request, to a
			 reasonable period for oral argument at an appropriate time during the
			 hearing.
(4) EFFECT OF FAILURE TO
			 APPEAR. Any party failing to appear and participate after certified receipt of
			 notice shall be deemed to have waived the rights set forth in sub. (2), to
			 admit the accuracy of the uncontradicted evidence put forth by the parties
			 present, and shall, unless good cause be shown, be precluded thereafter from
			 introducing any evidence controverting any contentions or allegations. The
			 examiner may relay on the record as made.
(5) OPENING STATEMENTS. Opening statements
			 are optional and shall be confined to a brief summary of the nature of the
			 case, the evidence intended to be offered, and the controlling legal
			 authorities.
(6) EVIDENCE. Rules of
			 evidence are governed by ss.
			 227.45 and
			 885.40 to
			 885.47, Stats.
(7) WITNESSES.
(a) Normally, a witness shall be examined
			 first on direct examination by the party calling the witness, unless the
			 witness is called adversely, in which case the witness shall be first examined
			 adversely by the party calling the witness.
(b) Witnesses may testify either by answers
			 to questions or in narrative form.
(c) Cross-examination shall not be limited to
			 matters to which the witness testified on direct.
(d) A person examining or cross-examining a
			 witness shall not approach the witness stand except to show the witness an
			 exhibit.
(e) Examination and
			 cross-examination should be confined to questioning the witness and should not
			 be interspersed with argument or commentary on the testimony. A party not
			 represented by counsel should not make evidentiary statements while examining
			 or cross-examining a witness. Such evidentiary statements should be restricted
			 to the part of the case where the party is testifying on his or her own
			 behalf.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.12 - Hearing subpoenas

Current through June 24, 2024
The examiner may issue subpoenas requiring attendance and
				testimony of witnesses and the production of any evidence, including books,
				records, correspondence or documents in their possession or under their
				control. Application for subpoenas may be made ex parte. The subpoena shall
				show on its face the name and address of the party, at whose request it was
				issued, and the proceeding involved.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.13 - Duties of examiners

Current through June 24, 2024
The examiner shall inquire fully into all matters in issue, to
				obtain a full and complete record upon which the duties of the board under s.
				289.33, Stats., may be properly
				discharged.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.14 - Powers of examiners

Current through June 24, 2024
The examiners may take the following action, subject to these
				rules within the board's power.
(1) To
			 administer oaths and affirmations;
(2) To issue subpoenas in the name of the
			 board;
(3) To rule upon offers of
			 proof, receive relevant evidence, and exclude irrelevant, immaterial, or unduly
			 repetitious evidence;
(4) To
			 question witnesses;
(5) To take or
			 cause depositions to be taken and to determine their scope;
(6) To regulate the time, place and course of
			 the hearing;
(7) To dispose of
			 procedural requests or other similar matters;
(8) During the course of the hearing to hold
			 conferences for the settlement, simplification or adjustment of the issues by
			 consent of the parties; and,
(9) To
			 take any other action necessary under the foregoing or authorized under these
			 rules.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.16 - Close of hearing

Current through June 24, 2024
A hearing shall be deemed closed when the evidence is closed
				and when any period fixed for filing of briefs, presentation of oral argument,
				if any, or both has expired. The hearing may be re-opened by the examiner on
				good cause shown by either party.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats › Section WFSB 2.17 - Waiver of procedure

Current through June 24, 2024
The parties to any proceeding may agree to waive any one or
				more of the procedural requirements or decisions which would otherwise precede
				the issuance of a final order or other final deposition issued by the
				examiner.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 3 - Municipal notification › Section WFSB 3.01 - Request for specification of local approvals

Current through June 24, 2024
The written request for specification of all local approvals,
				pursuant to s. 289.22, Stats., shall include
				the name and address of the applicant, the type of facility proposed, the
				location of the proposed facility including a map, a complete legal description
				of the site and a list of all affected municipalities. The request shall be
				mailed by certified mail, return receipt requested or by personal delivery,
				with a signed affidavit to the clerk of each affected
				municipality.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 3 - Municipal notification › Section WFSB 3.02 - Notification of negotiation and arbitration process

Current through June 24, 2024
The applicant shall attach to its request a copy of the
				standard notice printed by the board which informs municipalities of the time
				limits and requirements for participation in the negotiation and arbitration
				process under s. 289.33, Stats. Standard notices
				may be obtained at no cost from the board at its Madison
				office.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 4 - Local committee › Section WFSB 4.01 - Disclosure of private interests

Current through June 24, 2024
Each member of a local committee shall file a statement with
				the board within 15 days after the person is appointed to the local committee
				specifying the economic interests of the member and his or her immediate family
				members that would be affected by the proposed facility and its
				development.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 4 - Local committee › Section WFSB 4.02 - Statement of economic interests

Current through June 24, 2024
(1) CONTENTS. The
			 statement of economic interests shall contain:
(a) The name and address of the local
			 committee member.
(b) The
			 approximate location from the proposed site of any property owned by the local
			 committee member or his or her immediate family in any of the affected
			 municipalities.
(c) A description
			 of any direct economic ties between the local committee member or his or her
			 immediate family and the proposed facility or applicant.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 4 - Local committee › Section WFSB 4.03 - Failure to disclose private interests

Current through June 24, 2024
If a person fails to file a statement of economic interest as
				required under s.
				WFSB
				4.01, he or she may not serve on the local committee
				and the position to which he or she was appointed is vacant.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 5 - Cooperation with land conservation board under s. 91.03, Stats › Section WFSB 5.01 - Policy and purpose

Current through June 24, 2024
It is the policy of the state that all departments and agencies
				of state government shall cooperate with the land conservation board and the
				department of agriculture, trade and consumer protection in the exchange of
				information concerning projects and activities, including takings under eminent
				domain, which might jeopardize the preservation of lands contemplated by ch.
				91, Stats. This rule governs the cooperation which this board extends the
				department and board pursuant to s.
				91.03, Stats.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 5 - Cooperation with land conservation board under s. 91.03, Stats › Section WFSB 5.02 - Applicant notification to the board

Current through June 24, 2024
When the applicant submits to the board a copy of the request
				for specification of all local approvals under s.
				WFSB
				3.03, the applicant shall include a statement to the
				best of its knowledge if the site of the proposed facility includes land upon
				which there exists farmland preservation agreements, zoning for exclusively
				agricultural use or is located in a preservation area identified on a certified
				county preservation plan. The statement shall contain a legal description of
				that portion of the land under an agreement, zoning regulation or certified
				county preservation plan.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 5 - Cooperation with land conservation board under s. 91.03, Stats › Section WFSB 5.03 - Board and department notification

Current through June 24, 2024
If the proposed site includes land upon which there exists
				farmland preservation agreements, zoning for exclusively agricultural use, or
				is located in a preservation area identified on a certified county preservation
				plan, the applicant shall also notify the land conservation board and the
				department of agriculture, trade and consumer protection of the proposal and
				the information supplied to the board.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 5 - Cooperation with land conservation board under s. 91.03, Stats › Section WFSB 5.04 - Notification, continuing obligation

Current through June 24, 2024
The applicant has a continuing obligation to notify the board,
				land conservation board and department of agriculture, trade and consumer
				protection if, at any time, the applicant has information that the site of the
				proposed facility includes land upon which there exists farmland preservation
				agreements, zoning for exclusively agricultural use or is located in a
				preservation area identified on a certified county preservation
				plan.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 7 - Petition on negotiability and determination by board pursuant to s. 289.33 (9) (b), Stats › Section WFSB 7.01 - Petition

Current through June 24, 2024
(1) WHO MAY SUBMIT. A petition for the
			 determination of a dispute over the negotiability of an item or items may be
			 submitted by an applicant, local committee or as a joint petition.
(2) FORM, NUMBER OF COPIES, SUBMISSION. The
			 petition shall be in writing and its caption shall be as follows:
STATE OF WISCONSIN BEFORE THE WASTE FACILITY SITING
				BOARD
In the Matter of the (Joint) Petition Requesting a
				Determination of Negotiability Pursuant to Section
				289.33(9) (b),
				Stats., Involving a Dispute Between (Name of Petitioner) and (Name of Other
				Party or Co-Petitioner)
The original of the petition shall be signed and the original
				and 9 copies of the petition shall be submitted to the board. The party
				submitting the petition shall, at the same time, submit a copy to the other
				party, or its designated representative, by certified mail or personal
				delivery.
(3) CONTENTS. The petition
			 shall include the following:
(a) The caption
			 in the form noted above.
(b) The
			 name and address of the applicant involved, and the name and address and
			 telephone number of its principal representative.
(c) The names and addresses of the members of
			 the local committee involved, and the name and address and telephone number of
			 its principal representative.
(d) A
			 clear and concise statement of the item or items over which a dispute has
			 arisen concerning negotiability.
(e) A complete statement of the agreed facts
			 constituting the basis upon which the board is to make its determination in the
			 matter.
(f) A clear and concise
			 statement of the position of the petitioner as to whether the item or items set
			 forth in the petition are negotiable.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 7 - Petition on negotiability and determination by board pursuant to s. 289.33 (9) (b), Stats › Section WFSB 7.02 - Statement in response to petition

Current through June 24, 2024
(1) WHO SHALL
			 SUBMIT. The party other than the petitioner shall, within 14 days of the
			 receipt of the petition, submit to the board a statement in response to the
			 petition.
(2) FORM, NUMBER OF
			 COPIES, FILING AND SERVICE. The statement in response shall be in writing and
			 shall include the caption of the case. The original and 9 copies shall be
			 submitted to the board. The party submitting the statement in response shall at
			 the same time submit a copy to the petitioner, or its designated
			 representative, by certified mail or personal delivery.
(3) CONTENTS. The statement in response shall
			 include the following:
(a) A clear and concise
			 statement of the position taken by the party as to whether the item or items
			 are negotiable as set forth by the petitioner.
(b) A clear and concise statement of the
			 facts and arguments relied upon by such party in support of its petition with
			 respect to the matter involved.
(c)
			 Corrections, as may be deemed necessary, to the names, addresses, telephone
			 numbers and representatives set forth in the petition.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 7 - Petition on negotiability and determination by board pursuant to s. 289.33 (9) (b), Stats › Section WFSB 7.03 - Withdrawal of petition

Current through June 24, 2024
Any petition submitted under this chapter may be withdrawn at
				any time. If the petition is submitted by both parties, both must consent
				before withdrawal will be effectuated. If one party wishes to withdraw from a
				joint petition, it may do so and submit a statement in response to petition
				under the conditions prescribed in s.
				WFSB
				7.02.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 7 - Petition on negotiability and determination by board pursuant to s. 289.33 (9) (b), Stats › Section WFSB 7.04 - Notice of hearing when issued; contents

Current through June 24, 2024
Following the submission of a petition and statement in
				response to the petition, the board shall issue and serve upon each of the
				parties, a notice of hearing at a fixed place and, except in unusual
				circumstances, at a time not less than 10 days after the service of such
				notice.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 7 - Petition on negotiability and determination by board pursuant to s. 289.33 (9) (b), Stats › Section WFSB 7.05 - Hearings

Current through June 24, 2024
(1) WHO SHALL CONDUCT. Hearings may be
			 conducted by any examiner and, at any time, an examiner may be substituted for
			 the examiner previously presiding.
(2) SCOPE OF HEARING. The hearing shall be
			 limited by the examiner to the litigation of and oral arguments on genuine
			 issues of fact or law raised by the parties and remaining for disposition
			 concerning the negotiability of any items enumerated in the petition.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 7 - Petition on negotiability and determination by board pursuant to s. 289.33 (9) (b), Stats › Section WFSB 7.06 - Decision concerning negotiability

Current through June 24, 2024
Within 14 days after submission of the case, the board shall
				issue a decision concerning the petition and notify the applicant and local
				committee of that decision. The date on which the last document necessary to
				the decision of the case is received or the date on which a hearing is closed,
				whichever is later, shall be regarded as the date of submission of the
				case.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 8 - Mediation › Section WFSB 8.02 - Selection of mediator

Current through June 24, 2024
The board, after receiving a request for the appointment of a
				mediator, shall immediately submit to the parties a list of 5 mediators. Upon
				receipt of such list, the parties shall alternately strike names until a single
				name is left, who shall be appointed a mediator. The petitioning party shall
				notify the board in writing of the identity of the mediator selected. Upon
				receipt of such notice, the board shall formally appoint the
				mediator.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 8 - Mediation › Section WFSB 8.03 - Function of mediator, effectuate settlement

Current through June 24, 2024
Upon the consent of the parties to mediation, it shall be the
				function of the mediator to bring the parties together voluntarily under such
				favorable auspices as will tend to effectuate the settlement of the dispute,
				but neither the mediator nor the board shall have the power to impose a
				settlement upon either party.
Wisconsin Administrative Code › Waste Facility Siting Board › Chapter WFSB 8 - Mediation › Section WFSB 8.04 - Mediation proceedings

Current through June 24, 2024
(1) NATURE. The mediator may hold separate
			 meetings with the parties or their representatives and such meetings may be
			 closed, pursuant to s.
			 19.85(1) (e),
			 Stats.
(2) WHEN AND WHERE
			 CONDUCTED. Mediation meetings shall be conducted at such time and place agreed
			 to by the mediator and the parties or their representatives.
(3) RECORDS. All records of meetings between
			 the mediator and the parties are subject to the provisions of subch. II of ch.
			 19, Stats., Open Records Law.