reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.03 - Service on the department

Current through June 24, 2024
All petitions for hearings, petitions for rules, petitions
				  for declaratory rulings, petitions for review of contested case decisions under
				  s.
				  NR
				  2.20, answers and complaints required by any statute
				  or rule shall be served on the department by personal delivery to the office of
				  the secretary, by mailing to the secretary by certified mail, at the following
				  address: P. O. Box 7921, Madison, Wisconsin 53707-7921.
Note:
In re Proposed Incorporation of
				  Pewaukee
, 72 Wis. 2d 593 (1976) and
Schroedel Corp. v. State
				  Highway Commission
, 192 Wis. 2d 424 (1968) indicate that when service
				  by mail is authorized, and in the absence of specific language to the contrary,
				  service is complete upon timely mailing. This rule is intended to specify that
				  service is complete upon receipt by the department.
The office of the secretary is located at 101 S. Webster
					 St., 8th floor, Madison, WI.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.04 - Service of pleadings

Current through June 24, 2024
After a matter has been set for a contested case hearing,
				  all pleadings and papers shall be served on the division of hearings and
				  appeals, the department's bureau of legal services and all identified parties.
				  Unless otherwise provided for by the division of hearings and appeals, service
				  shall be made by personal delivery or by mailing. Service by mail shall be
				  complete on mailing.
Note:
How service of pleadings is accomplished
				  under s. NR 2.04 differs from how service of petitions is accomplished under s.
				  NR
				  2.03.
The Division of Hearings and Appeals is located at 4822
					 Madison Yards Way, Madison, WI 53705. The department's Bureau of Legal Services
					 is located at 101 S. Webster St., 8th floor, Madison, WI, mailing address: Box
					 7921, Madison, WI 53707.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.05 - Forms of petitions

Current through June 24, 2024
Petitions shall conform with the applicable statute as to
				  form, content, number of signatories and verifications. All petitions shall be
				  served within the time specified by statute or administrative rule, or, where
				  no time is specified, within 30 days of the date of the order or decision to be
				  reviewed. The department may request additional information concerning any
				  petition or request served under this section. The department may deny any
				  petition or request where the information required or requested under this
				  section is not provided. Forms of petitions in various proceedings shall follow
				  the following formats:
(1) REVIEW OF
				ORDERS. The following form shall be used in seeking review of orders issued
				pursuant to ss.
				281.19(2) (a), (4),
				(5),
				285.13(2),
				285.83(1),
				289.97(1),
				291.95(1),
				292.11(4) and (7)
				(c),
				293.15(3)
				and
				293.83(1),
				Stats.
To the Department of Natural Resources:
The undersigned hereby petitions for a review of the
				  department order dated, 20_, whereby it was ordered.
The grounds for this petition are
The modification or change desired is
Date
Signature
Verification
(2) PROMULGATION, REPEAL OR AMENDMENT OF
				RULES OF THE DEPARTMENT. The following form shall be used in petitioning for
				rules pursuant to s.
				227.12, Stats.
(a) For promulgation of a rule:
To the Department of Natural Resources:
The undersigned hereby petitions for the promulgation of a
				  rule relating to:
The grounds for this petition are
The petitioners' interest in the request is
The authority of the department to act is
Date
Signatures
(5 needed unless petitioner is a
				  municipality or an association which is representative of a farm, labor,
				  business or professional group)
(b) For amendment of a rule:
To the Department of Natural Resources:
The undersigned hereby petitions for the amendment of rule
				  number which provides as follows:
The grounds for this petition are
The modification or change desired is
The petitioners' interest in the request is
Date
Signatures
(5 needed unless petitioner is a
				  municipality or an association which is representative of a farm, labor,
				  business or professional group)
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.055 - Determination of jurisdiction

Current through June 24, 2024
After receipt of a petition for a contested case hearing, the
				  department shall determine whether the petition meets the jurisdictional
				  requirements of the statutes and rules under which the petition is filed. The
				  department shall transmit to the division of hearings and appeals under s.
				  227.43,
				  Stats., only petitions or portions thereof which the department determines meet
				  the applicable jurisdictional requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.06 - Notice of hearing

Current through June 24, 2024
(1) FORM. Notice of hearing shall be in
				writing, with a title identifying the matter set for hearing, and where
				appropriate, contain a docket number.
(2) CONTENT. The notice of hearing shall
				contain the following information:
(a) 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) Other
				information as the department or the administrative law judge may deem
				appropriate.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.065 - Contested case designation

Current through June 24, 2024
(1) Except as
				provided in sub. (2) or unless otherwise determined by the department or
				administrative law judge, all department contested case hearings are class 1
				proceedings under s.
				227.01(3),
				Stats.
(2) Hearings held under ss.
				30.03,
				281.17(3)
				and (5),
				281.19,
				281.20,
				285.83(1),
				289.95,
				289.97(1),
				291.87,
				291.89,
				291.95(1),
				292.11(4) and (7)
				(c),
				293.15(3),
				293.83,
				and
				299.21, Stats.,
				and hearings which revoke or suspend a department-issued license as defined in
				s.
				227.01(5),
				Stats., are class 2 proceedings.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.07 - Place of hearings

Current through June 24, 2024
Unless otherwise specifically provided by law, all contested
				  case hearings shall be held at the offices of the division of hearings and
				  appeals, or at the time, date and place designated by the administrative law
				  judge in the hearing notice.
The offices of the Division of Hearings and Appeals are
					 located at 4822 Madison Yards Way, Madison,
					 WI.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.08 - Persons entitled to participate in contested case hearings

Current through June 24, 2024
(1) In addition to
				the parties, any member of the public may participate in any department
				contested case hearing.
(2) Any
				person desiring to participate in a department contested case hearing, whether
				on his or her own behalf or as an authorized agent or attorney, shall enter an
				appearance in person by giving his or her name and address, the name and
				address of any person being represented, and the capacity in which he or she is
				representing the person. A person may enter his or her appearance either prior
				to or at the commencement of a contested case hearing.
(4) Any documents concerning a contested case
				hearing filed with the department or the administrative law judge prior to
				issuance of a final decision in the case shall be served by the person filing
				the documents on all persons who are identified as parties under sub.
				(6).
(5) The department or the
				administrative law judge may require persons who wish to be parties to a
				contested case hearing to attend a prehearing conference. In such a
				circumstance, the notice of the prehearing conference shall be published in the
				same manner as is required for notice of hearing. If the notice of hearing is
				not required to be published, the administrative law judge may cause to be
				published a notice of the prehearing conference as a class 1 notice under ch.
				985, Stats., in the official newspaper designated under s.
				985.04
				or
				985.05,
				Stats., or, if none exists, in a newspaper likely to give notice in the area
				affected. The department or the administrative law judge may, under sub. (6)
				identify parties at a prehearing conference. One notice may be used for both
				the prehearing conference and the hearing.
(6) The department or the administrative law
				judge shall identify and maintain a list of persons who are recognized as
				parties to the contested case hearing. A person does not need to be represented
				by legal counsel to be a party to or participate in a contested case hearing.
				This list may be adjusted by the department or the administrative law judge as
				necessary through the course of the hearing. The list of parties required by s.
				NR
				2.155(3), for purposes of review
				under s.
				227.53,
				Stats., may differ from the list required by this section.
(7) Persons listed as parties under s.
				227.47, Stats., and s.
				NR
				2.155(3), shall be served with
				exhibits, pleadings, correspondence and other documents submitted by parties
				after issuance of the decision, including those documents specified in ss.
				227.44(7),
				227.49
				and
				227.50(2),
				Stats. The persons shall also be served with petitions for judicial
				review.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.085 - Environmental impact statements

Current through June 24, 2024
(1) When an
				environmental impact statement has been prepared on a proposed action for which
				a contested case hearing is held, all evidence regarding compliance with s.
				1.11,
				Stats., shall be taken at that hearing unless otherwise provided by
				statute.
(2) In the absence of
				specific authority for a contested case hearing on a proposed action for which
				an environmental impact statement has been prepared, a contested case hearing
				shall be held on the proposed action if a petition for a hearing meeting the
				requirements of s.
				227.42,
				Stats., is received by the department unless otherwise provided by
				statute.
(3) If a contested case
				hearing will be held on a proposed action for which an environmental impact
				statement has been prepared, the informational hearing provided for by s.
				NR 150.30(3)
				(d) shall be combined with the contested case
				hearing if circumstances and statutes allow. At a combined hearing, the
				informational portion shall precede the contested portion.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.09 - Changes in time or place of hearing; adjournments; failures to appear

Current through June 24, 2024
(1) CHANGES.
				Requests for changes in the time or place of a scheduled hearing may be granted
				by the department or administrative law judge only for good cause shown. A
				request received after a required newspaper publication or legal notice may be
				rescheduled only if the person requesting the change bears the cost of
				republication of the notice and the administrative law judge deems the change
				appropriate under the circumstances presented.
(2) ADJOURNMENT. The department or the
				administrative law judge may adjourn a hearing for good cause shown, the
				hearing to be reset or reconvened at the discretion of the department or the
				administrative law judge or at a time and place set by the department or the
				administrative law judge on the record of the hearing prior to
				adjournment.
(3) FAILURE TO APPEAR.
(a) If an applicant for a permit or license
				fails to appear at a hearing following due notice, the department or the
				administrative law judge may dismiss the application unless the applicant shows
				good cause for the failure to appear. If an applicant fails to submit proof of
				publication and notice as required by statute, the department or the
				administrative law judge may dismiss the application and cancel the
				hearing.
(b) If a respondent in an
				enforcement proceeding fails to appear, the department or the administrative
				law judge shall take testimony and issue, modify or rescind the order as may be
				appropriate.
(c) If a petitioner in
				a proceeding fails to appear, the department or the administrative law judge
				may dismiss the petition unless the petitioner shows good cause for the failure
				to appear.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.095 - Declaratory ruling hearings

Current through June 24, 2024
When a petition for a declaratory ruling is granted under s.
				  227.41,
				  Stats., the hearing shall be conducted as a noncontested case. The declaratory
				  ruling may be based upon information presented at the hearing and other
				  information available to the department to assist in rendering the declaratory
				  ruling.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.10 - Witnesses and subpoenas in contested cases

Current through June 24, 2024
The department, the administrative law judge, on the judge's
				  own motion or at the request of a party, or any attorney of record for a party
				  in a contested case hearing may issue subpoenas to compel the attendance of
				  witnesses at contested case hearings or discovery proceedings under s.
				  NR
				  2.11. A subpoena requiring the production of documents
				  may be issued if the person issuing the subpoena specifies the documents 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. For good cause
				  shown, 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.11 - Preservation of testimony and discovery of evidence in contested case hearings

Current through June 24, 2024
(1)
				DISCOVERY IN CLASS 2 PROCEEDINGS. The department or any party in a class 2
				proceeding may obtain prehearing discovery and preserve testimony as provided
				under 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 shown, 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. The administrative law judge may issue orders to compel
				discovery.
(2) DISCOVERY IN CLASS 1
				AND 3 PROCEEDINGS. For good cause shown, the department or the administrative
				law judge may allow prehearing discovery and the preservation of evidence in
				any class 1 proceeding or class 3 proceeding as provided under ch. 804, Stats.
				Any order allowing discovery or the preservation of evidence may include any
				reasonable limitations on the scope and extent of discovery as the department
				or the administrative law judge deems appropriate under the circumstances. In
				class 1 proceedings and class 3 proceedings, the taking and preservation of
				evidence shall be permitted with respect to a witness in any of the following:
(a) Who is beyond reach of a subpoena for the
				hearing.
(b) Who is about to go out
				of the state, not intending to return in time for the hearing.
(c) Who is so sick, infirm or aged as to make
				it probable that the witness will not be able to attend the hearing.
(d) Who is a member of the legislature, if
				any committee of the same or the house of which the witness is a member is in
				session, provided the witness waives his or her privilege.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.115 - Alternative dispute resolution

Current through June 24, 2024
(1) ALTERNATIVE
				SETTLEMENT RECOMMENDED. The administrative law judge or the department may,
				with or without a motion having been filed, upon determining that an action or
				proceeding is an appropriate one in which to consider a settlement alternative,
				recommend that the parties select a settlement alternative under s.
				802.12,
				Stats., as a means to attempt settlement. Unless all parties consent, the
				pursuit of settlement alternatives may not delay the setting of the hearing
				date or other matters addressed in any scheduling order or
				conference.
(2) ADMISSIBILITY.
				Except for binding arbitration, all settlement alternatives are compromise
				negotiations for purposes of s.
				904.08,
				Stats., and mediation for purposes of s.
				904.085,
				Stats., and are not admissible in contested case hearings conducted under this
				chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.12 - Informal conferences, prehearing conferences and motions

Current through June 24, 2024
(1) CALL AND
				PURPOSE. The department or the administrative law judge may call an informal
				conference or prehearing 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, under s.
				NR
				2.08. The purposes of the conferences shall be to
				consider, insofar as applicable:
(a)
				Clarification of issues.
(b)
				Amendments to the pleadings.
(c)
				Admissibility of evidence.
(d) The
				possibility of obtaining admissions or stipulations of fact and of documents
				which will avoid unnecessary proof.
(e) The identification of witnesses and
				limitation of the number of witnesses.
(f) The identification of all parties to the
				proceeding.
(g) The scope and
				conduct of prehearing discovery.
(h) The exchange of exhibits by all parties
				prior to the hearing.
(i) Filing of
				prehearing motions.
(j) Other
				matters as may aid in the disposition of the matter.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.13 - Conduct of contested case hearings

Current through June 24, 2024
(1) PROCEDURE. The
				administrative law judge shall open the hearing and make a concise statement of
				its scope and purposes. Appearances shall be entered on the record. The
				administrative law judge then shall state the issues in the proceedings.
				Thereafter, parties may make opening statements. Persons who are not identified
				as parties by the department or the administrative law judge at any prehearing
				conference for which notice was provided under s.
				NR
				2.08(5) may participate in the
				contested case hearing but may not examine or cross examine witnesses at the
				hearing unless otherwise ordered by the department or the administrative law
				judge.
(2) OPENING STATEMENTS. When
				opening statements are made they shall be confined to:
(a) A brief summary or outline in clear and
				concise form of the evidence intended to be offered; and
(b) A statement of ultimate legal points
				relied upon.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.135 - Conduct of noncontested case hearings

Current through June 24, 2024
(1) NOTICE. At
				least 10 days notice shall be given of the time, date and place of a
				noncontested case hearing.
(2)
				PROCEDURE.
(a) The presiding officer will
				open the hearing and make a concise statement of its scope and purposes.
				Appearances may be entered on the record. Any person may participate in any
				department noncontested case hearing. Any person desiring to participate in a
				department noncontested case hearing, whether on his or her own behalf or as an
				authorized agent or attorney, shall enter an appearance in person by giving his
				or her name and address, the name and address of any person being represented,
				and the capacity in which he or she is representing the person. The hearing may
				be recorded by use of an electronic recording device.
(b) Persons entering an appearance may make
				statements, offer evidence or ask questions concerning the matter being heard.
				Statements need not be made under oath unless required by the department.
				Cross-examination of those who speak is not permitted, but clarifying questions
				of those who speak may be allowed by the presiding officer. The presiding
				officer shall determine the order in which people may speak, and may continue
				the hearing on another date or limit the length of the presentations if it
				appears there will not be enough time for all who wish to speak, or if the
				presentations are unduly repetitious.
(c) Statements may be submitted in oral or
				written form. Any person may submit a written statement within the time period
				allowed by the presiding officer.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.14 - Rules of evidence in contested cases

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 hearing need not be limited to matters set forth in
				pleadings, petitions or applications. If variances of this nature occur, then
				the pleadings, petitions or applications shall be considered amended by the
				record. The administrative law judge may grant 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 technical figures so numerous
				as to make oral presentation difficult to follow, it may be presented in
				exhibit form and supplemented and explained by oral testimony.
(4) PETITIONS. Petitions or written
				communications not admissible as evidence may be filed with the administrative
				law judge but will not be part of the record.
(5) EXHIBITS. Parties offering documentary
				exhibits or prepared testimony may be required by the administrative law judge
				to furnish copies to all other parties in advance of the hearings and to
				provide reasonable time as the administrative law judge may order to enable
				review of the prepared written testimony and exhibits. Upon compliance, written
				testimony and exhibits may be admitted in evidence as though given orally,
				providing the authors are present at the hearing and available for
				cross-examination.
(6)
				ENVIRONMENTAL IMPACT STATEMENT. An environmental impact statement and all
				comments received by the department on it prior to the contested case hearing
				shall be received into the record of the contested case hearing under ss.
				908.03(6)
				and (8) and
				227.45,
				Stats. The environmental impact statement and comments received on it shall be
				considered along with hearing testimony in making a decision on the merits of
				the proposed action, and in making findings on compliance with s.
				1.11,
				Stats. Testimony regarding the content of the environmental impact statement or
				cross-examination of persons responsible for specific portions of the
				environmental impact statement shall be allowed, except as otherwise provided
				by law. No person may use an environmental impact statement or any portion
				thereof as the exclusive means of meeting a burden of proof of any statutory
				requirements for an approval, license or permit in a contested proceeding
				except upon stipulation of the parties.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.15 - 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 that time, the department or administrative law judge may proceed to the
				determination of the case. Extension of time to file briefs may be granted by
				the department or the administrative law judge upon good cause shown.
(2) ADDITIONAL EVIDENCE. If by stipulation of
				the parties, documentary evidence is permitted to be submitted after the close
				of testimony, the record will be closed when the documentary evidence is
				received by the department or when the specified time for furnishing it has
				elapsed without its being furnished. The administrative law judge may, upon the
				request of the stipulating parties, extend the time as originally prescribed
				for filing the additional evidence.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.155 - Decisions in contested cases

Current through June 24, 2024
(1) ADMINISTRATIVE
				LAW JUDGE DECISION. The administrative law judge shall prepare findings of
				fact, conclusions of law and decision subsequent to each contested case heard.
				Unless the department petitions for judicial review as provided in s.
				227.46(8),
				Stats., the decision shall be the final decision of the department, but may be
				reviewed in the manner described in s.
				NR
				2.20. Every decision shall include findings regarding
				compliance with the requirements of s.
				1.11,
				Stats., to the extent compliance with s.
				1.11,
				Stats., was at issue in the contested case.
(2) SECRETARY DECISION.
(a) Notwithstanding sub. (1), the secretary,
				prior to hearing, may direct that the record be certified to the secretary or
				secretary's designee for decision in accordance with the provisions of s.
				227.46(3)
				(b), Stats., without an intervening decision
				by the administrative law judge.
(b) Notwithstanding sub. (1), the secretary,
				prior to hearing, may direct that the decision be made in accordance with the
				provisions of s.
				227.46(2)
				or (4), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.157 - Decisions in noncontested cases

Current through June 24, 2024
(1) DECISIONS WHEN
				AN ENVIRONMENTAL ANALYSIS IS COMPLETED. For any decision arising out of a
				noncontested case hearing, the department may not commence, engage in, fund,
				approve, conditionally approve, or disapprove an action that has been the
				subject of a department prepared environmental analysis until it has made a
				written findings of fact, conclusions of law and decision on compliance with s.
				1.11,
				Stats. The decision shall include findings on all of the following whether:
(a) The department has considered the
				environmental analysis and comments received on it.
(b) The department has complied with the
				requirements of ch. NR 150 and s.
				1.11,
				Stats.
(c) Consistent with social,
				economic and other essential considerations, the department has adopted all
				practical means within its authority to avoid or minimize environmental harm,
				or if not, why.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.16 - Reopening hearings

Current through June 24, 2024
When a hearing in a contested case is closed, no further
				  evidence may be received, except by order of the department or the
				  administrative law judge reopening a closed contested case for the taking of
				  further evidence upon application of a party showing to the department's or the
				  administrative law judge's satisfaction that the evidence is newly discovered
				  or was not available at the time of the hearing and that the evidence is
				  necessary for a just disposition of the case.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.17 - Transcripts in contested cases

Current through June 24, 2024
(1) METHOD AND
				COPIES. Hearings shall be recorded either stenographically or electronically. A
				typed transcript shall be made when deemed necessary by the department or the
				administrative law judge. If a transcript is made by the department or the
				division of hearings and appeals, copies shall be furnished to all persons upon
				request and payment of a reasonable fee, as determined by the department or the
				division of hearings and appeals. If no transcript is deemed necessary by the
				department or the administrative law judge and a party requests that one be
				prepared, that party shall be responsible for all costs of transcript
				preparation. If several parties request transcripts, the department may divide
				the costs of transcription equally among the parties. In lieu of a transcript
				the department or the division of hearings and appeals may provide any person
				requesting a transcript with a copy of the tape recording of the hearing upon
				payment of a reasonable fee. All requests for transcripts shall be made 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 department or the administrator of the division of hearings
				and appeals that the person is impecunious and has a legal need may be provided
				with a copy of a transcript without charge.
(3) CORRECTIONS. Any party, within 7 days of
				the date of mailing of the transcript, may file with the administrative law
				judge a notice in writing of any claimed error therein, and shall mail a copy
				of such notice to each party of record. Other parties may contest any claimed
				error within 12 days of the date of the mailing of the transcript by so
				notifying the administrative law judge and other parties of record. All parties
				will be advised by the administrative law judge of any authorized corrections
				to the record.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.18 - Briefs

Current through June 24, 2024
(1)
				TIME FOR BRIEFS. In contested cases, 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 then file response briefs, which may be replied to. In the
				alternative, the administrative law judge may direct that briefs of all parties
				be filed simultaneously.
(2)
				NUMBER. Unless otherwise provided for by the administrative law judge, one copy
				of all briefs shall be filed with the division of hearings and appeals together
				with a certification showing when and upon whom copies have been served. Briefs
				which contain a summary of evidence or facts relied upon shall include
				reference to specific portions of the record containing the evidence.
(3) EFFECT OF EARLY FILING. The filing of
				briefs in less time than allowed does not change the due dates for the
				remaining briefs.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.19 - Confidential status

Current through June 24, 2024
(1) APPLICABILITY. This section establishes a
				procedure which shall apply to requests made to the department to treat as
				confidential, information in possession of the department or being requested by
				the department.
(2) RESPONSIBILITY
				FOR ESTABLISHING CONFIDENTIALITY. The burden of establishing the need for
				confidential treatment of any information shall be on the person requesting
				such treatment of the information.
(3) APPLICATION FOR CONFIDENTIAL STATUS. Any
				person seeking confidential treatment of information shall file with the
				department a written application for confidential status containing in
				affidavit form:
(a) The name and address of
				the applicant;
(b) The position of
				the individual filing the application;
(c) The specific type of information for
				which confidential status is sought;
(d) The facts and supporting legal authority
				believed to constitute a basis for obtaining confidential treatment of the
				information.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.195 - Public records and information

Current through June 24, 2024
(1) It is vital
				that the public receive factual information on the affairs of state government
				through all forms of communication. Whether the information is requested by
				media representatives or individual citizens, department employees shall assist
				in securing facts necessary to allow understanding of and participation in
				government and government agencies.
(2) Department employees are authorized to
				answer questions within their competency, whether these are asked by the public
				or by representatives of the news media. Employees are responsible for the
				factual accuracy of the information they provide. Requests to inspect
				department records shall be referred to the custodian of the records.
(3) In cases where the regional or bureau
				directors are concerned that the public interest in withholding inspection
				outweighs the public interest in permitting it, the file or requested
				information shall be provided to the secretary, deputy secretary or division
				administrator for review with the bureau of legal services and for
				determination.
(4) Regional and
				bureau directors are designated as custodians of their respective department
				regional and central office records and files and are delegated the
				responsibility for them as well as the authority to provide copies or
				inspection as provided herein.
(5)
(a) Requests for copies of records and files
				shall be complied with unless the records fall within the categories in ss.
				19.35(1)
				(am),
				19.356
				and
				19.36,
				Stats. The requestor shall pay the copying charge for 10 or more pages. For 9
				or fewer pages, there shall be no charge. Copies shall be provided to the
				requestor as soon as possible.
(b)
				When a request requires a large amount of copy work, the department may require
				an advance payment of the copying charge and shall inform the person requesting
				the copy work that there will be an approximate processing period of 2 weeks.
				Unusually large requests may take longer than 2 weeks. When the copying work
				takes 3 or more hours, the person requesting the records shall pay the
				department an amount equivalent to the salary, including fringe benefits, of
				the person doing the copying work, prorated for the amount of time the work
				takes. The person requesting the records may pay the charge for the employee's
				salary after the work is completed.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 2 - Procedure And Practice › Section NR 2.20 - Review of contested case decision

Current through June 24, 2024
(1) FILING. Any
				party to a contested case who is adversely affected by a final decision
				rendered after a contested case hearing on the matter may, within 20 days after
				issuance of the decision, file a written petition for review by the secretary
				or the secretary's designee. The petition shall specify in detail the grounds
				for the review, the relief which petitioner seeks and citation to supporting
				authorities which petitioner believes aids petitioner's case. The secretary may
				not delegate the review to anyone who has had prior involvement in either the
				hearing or decision-making process.
(2) SERVICE. The petition for review under
				this section shall be served on the secretary as provided for in s.
				NR
				2.03. Copies of the petition for review shall be
				served by regular mail upon the administrative law judge and upon all parties
				to the action.
(3) DECISION. Within
				14 days of the receipt of the petition, the secretary shall decide whether or
				not to grant the requested review. If the secretary decides to grant the
				review, the secretary may order the filing of briefs, presentation of oral
				argument, or a rehearing of all or part of the evidence presented at the
				original public hearing, or any combination thereof.
(4) APPEAL. A petition for review pursuant to
				this section is not a prerequisite for appeal or review under ss.
				227.52
				to
				227.53,
				Stats.
(5) SUSPENSION OF DECISIONS.
				The filing of a petition for review under this section does not suspend or
				delay the effective date of a decision, and the decision shall take effect on
				the date of the decision unless another date is set by the department or the
				administrative law judge, and shall continue in effect unless provisions of the
				decision are specifically suspended or delayed by the secretary in writing.
				Petition for suspension of the effective date of a decision shall be clearly
				specified in the petition for review under this section.
(6) EFFECT ON JUDICIAL REVIEW. An action
				pending under this section does not in any manner affect or extend the time
				limits for filing actions in circuit court for review under ss.
				227.52
				and
				227.53,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 5 - Boat Rules And Registration › Section NR 5.001 - Definitions

Current through June 24, 2024
(1) "Accompanied", for the purposes of s.
				30.68(3),
				Stats., means in the same boat.
(1m) "Boat", for the purposes of s.
				30.51,
				Stats., includes the definition of "boat" under s.
				30.50(2),
				Stats., and also includes fishing rafts which are equipped with propulsion
				machinery, whether or not the machinery is the principal source of propulsion.
				Registering a fishing raft as a boat does not exempt it from any state or local
				fishing raft regulations.
(2)
				"Buoy" is any device designed to float which is anchored in the water and which
				is used to convey a message.
(2m)
				"Coastal waters" means all of the following:
(a) The U.S. waters of the Great Lakes which
				include Lakes Erie, Huron, Michigan, Ontario, and Superior.
(b) The territorial seas of the United
				States.
(c) Those waters directly
				connected to the Great Lakes and territorial seas including bays, sounds,
				harbors, rivers, and inlets where any entrance exceeds 2 nautical miles between
				opposite shorelines to the first point where the largest distance between
				shorelines narrows to 2 miles, as shown on the National Ocean Service chart
				used for navigation. Shorelines of islands or points of land present within a
				waterway are considered when determining the distance between opposite
				shorelines.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 5 - Boat Rules And Registration › Section NR 5.01 - Application for boat certificate of number or registration

Current through June 24, 2024
(1) An application
				for a certificate of number must contain the following information:
(a) Name of each owner.
(b) Address of each owner, including ZIP
				code.
(c) Date of birth of each
				owner.
(cm) Identification
				information for each vessel owner who applies for a certificate of number to
				include any of the following:
1. Owner's tax
				identification number.
2. Date of
				birth with driver's license number.
3. Date of birth together with other unique
				number.
(d) Citizenship
				of the owner.
(e) State in which
				boat is or will be principally operated.
(f) The number previously issued by an
				issuing authority for the boat, if any.
(g) Whether the application is for a new
				number, renewal of a number, or transfer of ownership.
(h) Whether the boat is used for pleasure,
				rent or lease, dealer or manufacturer demonstration, commercial passenger
				carrying, commercial fishing, or other commercial use.
(i) Make of boat.
(j) Year boat was manufactured or model
				year.
(k) Manufacturer's hull
				identification number, if any.
(L)
				Overall length of boat.
(m) Type of
				boat (open, cabin, house, or other).
(n) Whether the hull is wood, steel,
				aluminum, fiberglass, plastic, or other.
(o) Whether the propulsion is inboard,
				outboard, inboard-outdrive, or sail and name of engine manufacturer if
				available.
(p) Whether the fuel is
				gasoline, diesel, or other.
(q) A
				statement of ownership by applicant.
(r) The signature of the owner.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 5 - Boat Rules And Registration › Section NR 5.02 - Application for transfer

Current through June 24, 2024
An application for a transfer certificate of number in
				  addition to furnishing the information required by s.
				  NR
				  5.01 shall include a statement by the applicant
				  listing the name and address of the previous owner, his or her certificate
				  number, and the date on which the boat was acquired by the applicant. The
				  applicant shall also sign the statement and send the previous owner's card to
				  the department with the application for transfer.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 5 - Boat Rules And Registration › Section NR 5.03 - Application for duplicate

Current through June 24, 2024
An applicant for a duplicate certificate of number in
				  addition to furnishing the information required by s.
				  NR
				  5.01 shall complete and sign a statement that the
				  original certificate has been either destroyed or lost and that the application
				  being made is for a duplicate.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 5 - Boat Rules And Registration › Section NR 5.04 - Certificate of number

Current through June 24, 2024
(1) The boat certificate of number issued in
				accordance with s.
				30.52,
				Stats., except as allowed in subs. (2), (3) and (4), must contain the following
				information:
(a) Number issued.
(b) Expiration date.
(c) State of principal operation.
(d) Name of owner.
(e) Address of owner, including ZIP
				code.
(f) Whether the boat is used
				for pleasure, rent or lease, dealer or manufacturer demonstration, commercial
				passenger carrying, commercial fishing or other commercial use.
(g) Manufacturer's hull identification number
				(if any).
(h) Make of
				boat.
(i) Year boat was
				manufactured.
(j) Overall length of
				boat.
(k) Whether the boat is an
				open boat, cabin cruiser, houseboat, or other type.
(L) Hull material.
(m) Whether the propulsion is inboard,
				outboard, inboard-outdrive, or sail.
(n) Whether the fuel is gasoline, diesel, or
				other.
(o) A quotation of the state
				regulations pertaining to change of ownership or address; documentation, loss,
				destruction, abandonment, theft, or recovery of boat; carriage of the
				certificate of number on board when the boat is in use; rendering aid in a boat
				accident; and reporting of boat casualties and accidents.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 5 - Boat Rules And Registration › Section NR 5.05 - Numbering pattern to be used

Current through June 24, 2024
The boat certificate of number issued pursuant to s.
				  30.52,
				  Stats., shall be in accordance with the pattern described as follows:
(1) The number shall be divided into parts.
				The first part of the number shall be an abbreviation in capital letters of the
				state of Wisconsin. This abbreviation shall be WS. The remainder of the number
				shall consist of not more nor less than 4 arabic numerals and 2 capital
				letters.
(2) The group of numerals
				appearing between the abbreviation and the 2 letters shall be separated
				therefrom by hyphens or equivalent spaces as indicated by the following
				samples: WS-9999-AB, WS 9999 AB.
(3) Since the letters "I", "O", and "Q" may
				be mistaken for arabic numerals, all letter sequences using "I", "O", and "Q"
				shall be omitted.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 5 - Boat Rules And Registration › Section NR 5.07 - Transfer of ownership of numbered boat

Current through June 24, 2024
Whenever the owner of a boat covered by a valid or expired
				  certificate of number issued by this state transfers all or any part of
				  interest in such boat, other than by the creation of a security interest, shall
				  notify the department of such transfer within 15 days.