reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.10 - Acquisition of control of or merger with a care management organization

Current through June 24, 2024
(1)
			 FILING REQUIREMENTS.
(a) No person other than
			 the care management organization may enter into an agreement to merge with or
			 otherwise to acquire or attempt to acquire control of a care management
			 organization or any person having control of a care management organization
			 unless all of the following are complied with:
1. The person first files the information
			 required under sub. (2) with the commissioner and sends a copy of the
			 information to the care management organization; and
2. The offer, request, invitation, agreement
			 or acquisition has been approved by the commissioner.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.12 - Standards for transactions within a holding company system

Current through June 24, 2024
(1) TRANSACTIONS
			 WITHIN A HOLDING COMPANY SYSTEM. A care management organization or affiliate of
			 a care management organization may not enter directly or indirectly into a
			 transaction between the care management organization and the affiliate unless
			 the care management organization and affiliate comply with all of the
			 following:
(a) Comply with s.
			 648.45(5) and
			 (6), Stats.
(b) Allocate to the care management
			 organization for expenses incurred and payment received for the transaction in
			 conformity with customary accounting practices consistently applied.
(c) Disclose clearly and accurately in books,
			 accounts and records of each party the nature and details of the transaction
			 including the accounting information which is necessary to support the
			 reasonableness of the charges or fees to the respective parties.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.13 - Privileged information

Current through June 24, 2024
The information required to be filed with the commissioner
				under s.
				Ins
				57.10 is required unders.
				601.42,
				Stats., and the commissioner may keep it confidential as provided under s.
				601.465,
				Stats.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.20 - Forms and Instructions

Current through June 24, 2024
(1) GENERAL. Forms A and B contained in
			 Appendix 1 to this chapter are intended to be guides in the preparation of the
			 statements required by this chapter. They are not intended to be blank forms
			 which are to be filled in. The statements filed shall contain the numbers and
			 captions of all items, but the text of the items may be omitted provided the
			 answers are prepared in such a manner as to indicate clearly the scope and
			 coverage of the items. All instructions, whether appearing under the items of
			 the form or elsewhere therein, are to be omitted. Unless expressly provided
			 otherwise, if any item is inapplicable or the answer is in the negative, an
			 appropriate statement to that effect shall be made.
(2) FILING FORMAT AND PROCEDURE.
(a) One complete copy of each statement,
			 including exhibits and all other papers and documents filed as a part of the
			 statement, shall be filed with the commissioner. At least one of the copies
			 shall be manually signed in the manner prescribed on the form. Unsigned copies
			 shall be conformed. If the signature of any person is affixed pursuant to a
			 power of attorney or other similar authority, a copy of the power of attorney
			 or other authority shall also be filed with the statement.
(b) Statements shall be prepared on paper 8 ½
			 x 11 inches in size and preferably bound at the top or the top left-hand
			 corner. Exhibits and financial statements, unless specifically prepared for the
			 filing, may be submitted in their original size. All copies of any statement,
			 financial statements or exhibits shall be clear, easily readable and suitable
			 for photocopying. Debits in credit categories and credits in debit categories
			 shall be designated so as to be clearly distinguishable as such on photocopies.
			 Statements shall be in the English language and monetary values shall be stated
			 in United States currency. If any exhibit or other paper or document filed with
			 the statement is in a foreign language, it shall be accompanied by a
			 translation into the English language and any monetary value shown in a foreign
			 currency shall be converted into United States currency.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.22 - Forms - incorporation by reference, summaries and omissions

Current through June 24, 2024
(1) INCORPORATION
			 BY REFERENCE. Information required by any item of forms A, B or C contained at
			 Appendix 1, may be incorporated by reference in answer or partial answer to any
			 other item. Information contained in any financial statement, annual report,
			 proxy statement, statement filed with a governmental authority, or any other
			 document may be incorporated by reference in answer or partial answer to any
			 item of form A, B or C provided the document or paper is filed as an exhibit to
			 the statement. Excerpts of documents may be filed as exhibits if the documents
			 are extensive. Documents currently on file with the commissioner which were
			 filed within the preceding 3 years need not be attached as exhibits. References
			 to information contained in exhibits or in documents already on file shall
			 clearly identify the material and shall specifically indicate that the material
			 is to be incorporated by reference in answer to the item. Information may not
			 be incorporated by reference in any case where the incorporation would render
			 the statement incomplete, unclear or confusing.
(2) SUMMARY. Where an item requires a summary
			 or outline of the provisions of any document, only a brief statement shall be
			 made as to the pertinent provisions of the document. In addition to the
			 statement, the summary or outline may incorporate by reference particular parts
			 of any exhibit or document currently on file with the commissioner which was
			 filed within 3 years and may be incorporated in its entirety by the reference.
			 In any case where 2 or more documents required to be filed as exhibits are
			 substantially identical in all material respects except as to the parties to
			 the documents, the dates of execution, or other details, a copy of only one of
			 the documents need be filed with a schedule identifying the omitted documents
			 and setting forth the material details in which such documents differ from the
			 documents that were filed.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.24 - Dividends and other distributions

Current through June 24, 2024
Requests for approval of dividends or any other distributions
				to shareholders or corporate members shall include the following:
(1) The amount of the proposed dividend or
			 distribution;
(2) The date
			 established for payment of the dividend or distribution;
(3) A statement as to whether the dividend or
			 distribution is to be in cash or other property and, if in property, a
			 description of the property, its cost, and its fair market value together with
			 an explanation of the basis for valuation;
(4) A balance sheet and statement of income
			 for the period between the date on which of the last annual statement was filed
			 with the commissioner and the end of the month preceding the month in which the
			 request for dividend approval is submitted.
(5) A brief statement as to the effect of the
			 proposed dividend upon the care management organization's net assets, the
			 reasonableness of net assets in relation to the care management organization's
			 outstanding liabilities, and the adequacy of net assets relative to the care
			 management organization's financial needs.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.26 - General requirements related to filing and extensions for filing of annual audited financial reports

Current through June 24, 2024
(1) A care management organization shall:
(a) Annually obtain or cause an audit of the
			 care management organization by an independent certified public accountant;
			 and
(b) File an audited financial
			 report that complies with s.
			 Ins
			 57.30 with the commissioner on or before June 1 for
			 the immediately preceding calendar year. If the care management organization is
			 part of a county financial audit, the deadline for the Family Care care
			 management organization audit is the deadline for the county financial audit,
			 which is nine months from the end of the fiscal period.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.30 - Contents of annual audited financial report

Current through June 24, 2024
The annual audited financial report required under s.
				Ins
				57.26 shall comply with all of the following:
(1) Report the financial position of the care
			 management organization as of the end of the most recent calendar year and the
			 results of its operations, cash flows and changes in net assets for that year
			 in conformity with generally accepted accounting principles.
(2) Include all of the following:
(a) The report of the independent certified
			 public accountant.
(b) A balance
			 sheet reporting assets, liabilities, and net assets.
(c) A statement of operations.
(d) A statement of cash flows.
(e) A statement of changes in net
			 assets.
(f) A report on the
			 internal control environment of the CMO.
(g) A report describing the system of cost
			 allocation for shared overhead and direct services between programs or lines of
			 business.
(h) A supplemental
			 financial report that demonstrates the financial position and segregated
			 reserves of the CMO business for each state program contract where the
			 organization serves members under multiple Medicaid managed care contracts or
			 other lines of business. The report shall be in columnar format for the various
			 programs as required.
(i)
			 Management letter as issued or written assurance that a management letter was
			 not issued with the audit report.
(j) Management responses and corrective
			 action plan for each audit issue identified in the audit report or in the
			 management letter.
(k) Notes to
			 financial statements. These notes shall be those required by generally accepted
			 accounting principles. The notes shall include a reconciliation of differences,
			 if any, between the audited financial statements and the annual statement filed
			 pursuant to s.
			 Ins
			 57.40 with a written description of the nature of
			 these differences.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.31 - Designation of independent certified public accountant

Current through June 24, 2024
(1) A care
			 management organization shall, within 60 days after the care management
			 organization becomes subject to this subchapter:
(a) Provide the commissioner in writing the
			 name and address of the independent certified public accountant retained to
			 conduct the annual audit required by this subchapter.
(b) File with the commissioner a copy of the
			 letter required to be obtained under sub. (3).
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.32 - Qualifications of independent certified public accountants

Current through June 24, 2024
(1) The
			 commissioner may rule that an accountant or accounting firm is not qualified
			 for purposes of expressing an opinion on the financial statements in the annual
			 audited financial report required under this subchapter, prohibit care
			 management organizations from retaining the accountant or an accounting firm,
			 and require care management organizations to replace the accountant or
			 accounting firm, if the commissioner finds there is cause, including, but not
			 limited to, a finding that the accountant or accounting firm:
(a) Is not in good standing with the American
			 institute of certified public accountants and in all states in which the
			 accountant or accounting firm is, or is required to be, licensed to
			 practice;
(b) Has either directly
			 or indirectly entered into an agreement of indemnification with respect to the
			 audit of the care management organization;
(c) Has not conformed to the standards of the
			 accounting profession as contained in the code of professional ethics of the
			 American institute of certified public accountants and rules and regulations
			 and code of ethics and rules of professional conduct of the accounting
			 examining board, or a similar code;
(d) Has been convicted of fraud, bribery, a
			 violation of the Racketeer Influenced and Corrupt Organizations Act,
			 18
			 USC 1961 to
			 1968,
			 as revised, or any dishonest conduct or practices under federal or state
			 law;
(e) Has been found to have
			 violated the insurance laws or rules of this state; or
(f) Has demonstrated a pattern or practice of
			 failing to detect or disclose material information in financial
			 reports.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.33 - Scope of audit and report of independent certified public accountant

Current through June 24, 2024
Financial statements furnished under s.
				Ins
				57.30 shall be audited by the independent certified
				public accountant. The independent certified public accountant shall conduct
				the audit of the care management organization's financial statements in
				accordance with generally accepted auditing standards.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.35 - Notification of adverse financial condition

Current through June 24, 2024
(1) A care
			 management organization shall require the independent certified public
			 accountant to report, in writing and within 5 business days, to the board of
			 directors of the care management organization or its audit committee any
			 determination by the independent certified public accountant that the care
			 management organization has materially misstated its financial condition as
			 reported to the commissioner as of the balance sheet date currently under audit
			 or that the care management organization does not meet the working capital or
			 risk reserve requirements.
(2) A
			 care management organization who receives a report required under sub. (1)
			 shall forward a copy of the report to the commissioner within 5 business days
			 of receipt of the report and shall provide the independent certified public
			 accountant making the report with evidence that the report has been furnished
			 to the commissioner.
(3) An
			 independent certified public accountant shall furnish to the commissioner a
			 copy of its report required under sub. (1) within 10 business days after it is
			 furnished to the care management organization under sub. (1) unless the
			 independent certified public accountant receives evidence the care management
			 organization has provided it within the 10 business day period to the
			 commissioner as required under sub. (2).
(4) An executive officer or director of a
			 care management organization which receives notice under sub. (1) shall report
			 the notification in writing to the commissioner within 5 business days of the
			 date the executive officer or director first acquires knowledge of the
			 notification unless prior to that date the care management organization
			 complies with sub. (2).
(5) If the
			 independent certified public accountant, subsequent to the date of the audited
			 financial report filed pursuant to this chapter, becomes aware of facts that
			 might have affected the report, the independent certified public accountant
			 shall take the action as prescribed in Volume 1, Section AU 561 of the
			 Professional Standards of the AICPA.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.37 - Accountant's letter of qualifications

Current through June 24, 2024
An accountant or accounting firm retained by a care management
				organization to comply with this subchapter shall furnish the care management
				organization, and the care management organization shall obtain and include
				with the filing of the annual audited financial report required under s.
				Ins
				57.26, a letter from the accountant or accounting firm
				stating:
(1) That the accountant or
			 accounting firm is independent with respect to the care management organization
			 and conforms to the standards of his or her profession as contained in the code
			 of professional ethics and pronouncements of the American institute of
			 certified public accountants and the rules of professional conduct of the board
			 of public accountancy of this state, or similar code.
(2) The background and experience, in
			 general, and the experience in audits of care management organizations of the
			 staff assigned to the engagement and whether each is an independent certified
			 public accountant. This subchapter does not prohibit the accountant or
			 accounting firm from utilizing such staff as he or she deems appropriate where
			 use is consistent with the standards prescribed by generally accepted auditing
			 standards.
(3) That the accountant
			 or accounting firm understands that the annual audited financial report and his
			 or her opinion on the annual audited financial report will be filed in
			 compliance with this chapter and that the commissioner will be relying on this
			 information in the monitoring and regulation of the financial position of care
			 management organizations.
(4) That
			 the accountant or accounting firm consents to the requirements of s.
			 Ins
			 57.38 and that the accountant or accounting firm
			 consents and agrees to make work papers available for review by the
			 commissioner.
(5) A representation
			 that the accountant or accounting firm is properly licensed by an appropriate
			 state licensing authority and is a member in good standing in the American
			 institute of certified public accountants.
(6) A representation that the accountant or
			 accounting firm is an independent certified public accounting firm and that
			 there are no grounds for disqualification of the accountant or accounting firm
			 under s.
			 Ins
			 57.32.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.38 - Availability and maintenance of CPA work papers

Current through June 24, 2024
(1) A care
			 management organization shall require the accountant or accounting firm which
			 conducts an audit or other procedure under this subchapter to make available
			 for review by the commissioner all work papers and any communications related
			 to the audit or procedure between the care management organization and the
			 accountant or accounting firm at the offices of the care management
			 organization or at a reasonable place designated by the commissioner. The care
			 management organization shall require that the accountant retain the audit work
			 papers and communications until the commissioner has filed a report on
			 examination covering the period of the audit but no longer than 7 years from
			 the date of the audit report.
(2)
			 The commissioner may access work papers, reports, and other materials generated
			 during the audit. Such access shall include the right to obtain photocopies of
			 the work papers and copies of computer disks, or other electronic media, upon
			 which records or working papers are stored. All working papers and
			 communications obtained by the commissioner under this section may be treated
			 by the commissioner as confidential under s.
			 601.465,
			 Stats.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.39 - Conduct of care management organization in connection with the preparation of required reports and documents

Current through June 24, 2024
(1) No director or
			 officer of a care management organization may, directly or indirectly:
(a) Make or cause to be made a materially
			 false or misleading statement to an accountant in connection with any audit,
			 review or communication required under this chapter.
(b) Make or cause to be made omissions of any
			 material fact necessary in order to make statements made not misleading to an
			 accountant in connection with any audit, review or communication required under
			 this chapter.
Wisconsin Administrative Code › Office of the Commissioner of Insurance › Chapter Ins 57 - Care management organizations › Section Ins 57.41 - Exemptions and effective dates

Current through June 24, 2024
(1) The
			 commissioner may grant an exemption from compliance with s.
			 Ins
			 57.26 if the commissioner finds that compliance would
			 constitute a financial or organizational hardship upon the care management
			 organization, except as provided in s.
			 Ins
			 57.32(2).
(2) An exemption may be granted at any time
			 and from time to time for a specified period.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.001 - Definitions

Current through June 24, 2024
(1) "Crossing" means the intersection of a
			 highway with a track or tracks of a railroad, including the area directly
			 affecting or affected by said intersection.
(2) "Highway" includes all public ways and
			 thoroughfares and all bridges on the same, whether used by motorized vehicles
			 or not, but does not include snowmobile trails.
(3) "Mail" means first class, certified or
			 regular mail, or inter-departmental mail.
(4) "Office" means the office of the
			 commissioner of railroads.
(5)
			 "Party" means any person who requests admission as a party and whose
			 substantial interest may be affected by a decision. "Party" includes the
			 railroad and maintaining highway authority and the department of transportation
			 when a highway project which encompasses a crossing involves the expenditure of
			 federal funds, whether on a state highway or not.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.01 - Communications and documents addressed to office

Current through June 24, 2024
(1) All written
			 communications and documents shall be filed with the office by deposit in the
			 mail, by facsimile transmission, or in person.
Note:
The office can be contacted at the Office of
				the Commissioner of Railroads, Hill Farms State Office Building, 4822 Madison
				Yards Way, Suite S633, P.O. Box 7854, Madison, WI 53707-7854, (608)
				267-0276.
(2) Documents
			 shall be served upon the office by deposit in the mail, by facsimile
			 transmission, or by delivery in person. When service is made upon the office
			 the date of service shall be the day when the office receives the
			 document.
(3) Office hours are 7:45
			 a.m. to 4:30 p.m., Monday through Friday. Offices are closed on Saturdays and
			 Sundays, and on holidays listed in s. 230.35(4) (a), Stats.
(4) The time within which an action is to be
			 taken as provided in any rule or order promulgated by the office, when
			 expressed in days, shall be computed by excluding the first day and including
			 the last, except if the last day falls on a day the office is closed, the
			 action may be taken on the next day it is open. When an action is to be taken
			 in less than 10 days and the period contains both a Sunday and a legal holiday,
			 the period shall be increased to 12 days. Legal holidays are those listed in
			 sub. (3).
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.02 - Parties

Current through June 24, 2024
(1)
(a)
			 Parties who seek office approval for permits, exemptions or other relief are
			 applicants. Those opposing applicants are objectors.
(b) Parties who file complaints are
			 complainants.
(c) Parties of
			 interest other than complainants, applicants, petitioners, objectors and
			 complainants are intervenors.
(d)
			 Parties who file petitions are petitioners.
(e) Those opposing complainants and
			 petitioners and parties investigated or ordered to show cause are
			 respondents.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.025 - Petitions, complaints and applications

Current through June 24, 2024
PETITIONS, COMPLAINTS AND APPLICATIONS.
(1) FORM. Each petition, complaint or
			 application filed with the office shall be in writing and signed by the
			 petitioner, complainant, or applicant, or a person authorized to file the
			 petition, complaint or application.
(2) CONTENT. Each petition filed with the
			 office for the alteration, establishment, or relocation of a crossing shall
			 include all of the following:
(a) Concept
			 plans or preliminary engineering design plans showing the proposed
			 changes.
(b) The proposed
			 construction completion date.
(c)
			 The proposed apportionment of cost for the construction.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.03 - Notice of hearings

Current through June 24, 2024
(1) Written notice of hearing shall be
			 deposited in the first class mail to all parties and to any other interested
			 person requesting notice in accordance with s.
			 227.44, Stats.
(2) When the general public may be injured by
			 the office's action, written notice of hearing shall be mailed to the clerk of
			 each incorporated city, town or village in the area affected.
(3) The notice of hearing shall be in
			 writing, with a title identifying the matter and the docket number and contain
			 all of the following information:
(a) The
			 date, time and location of the hearing.
(b) The statutory authority for the
			 hearing.
(c) A short summary of the
			 matter to be considered.
(d) A
			 statement of the issues.
(e) A
			 notice of assessment of costs against the railroad under s.
			 195.60, Stats., where
			 applicable.
(f) Such other
			 information as the commissioner or hearing examiner may deem
			 appropriate.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.04 - Hearings

Current through June 24, 2024
(1) At any hearing an examiner may preside.
			 Personal interest in or knowledge of the matter to be heard disqualifies the
			 examiner if it prevents the examiner from acting fairly or impartially. No
			 person who has directly participated in the investigation of the matter to be
			 heard shall be designated or serve as examiner.
(2) The examiner, at any time prior to the
			 commencement of a hearing, may require the parties or their counsel to appear
			 at a pre-hearing conference for the purpose of simplification and clarification
			 of issues or consideration of other matters which may expedite or aid in the
			 disposition of the proceeding, and issue orders as necessary to carry out the
			 purposes of this chapter. All stipulations made at a pre-hearing conference
			 shall be made a matter of record and control subsequent proceedings.
(3) If any original document in a proceeding
			 is lost or withheld by any person, or is otherwise unavailable, the examiner
			 may authorize the filing or use of a copy in place of the original. The
			 examiner may authorize the substitution of a copy of any original document
			 received in evidence as an exhibit and return the original to the
			 owner.
(4) Parties may be off the
			 record only when the examiner permits. If a discussion off the record is
			 pertinent, the examiner will summarize it on the record. Any argument before
			 the examiner on objections to receipt of evidence or on motions to strike will
			 not be recorded. The legal reasons for the objections or motion will be
			 recorded.
(5) Members of the office
			 staff appear neither in support of nor opposition to any cause, but solely to
			 discover and present facts pertinent to the issues.
(6) No smoking is permitted during
			 hearings.
(7) Failure to comply
			 with any order issued under sub. (2) or s.  RR 1.09  by any of the parties
			 without good cause shown for the failure to comply shall result in sanctions
			 being imposed by the examiner. Sanctions which shall be imposed include any of
			 the following:
(a) An order that the matters
			 for which the initial order was made or any other designated facts shall be
			 taken to be established for the purposes of the hearing in accordance with the
			 claim of the party obtaining the order;
(b) An order refusing to allow the
			 disobedient party to support or oppose designated claims or defenses, or
			 prohibiting the disobedient party from introducing designated matters in
			 evidence; or
(c) An order striking
			 out pleadings or parts thereof, or staying further proceedings until the order
			 is obeyed, or dismissing the action or proceeding or any part thereof, or
			 rendering a judgement by default against the disobedient party.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.05 - Nonappearance at hearing

Current through June 24, 2024
(1) When the complainant, petitioner or
			 applicant fails to appear at the hearing without good cause shown, the
			 complaint, petition or application, as the case may be, may be dismissed by the
			 examiner.
(2) When the respondent
			 or objector fails to appear at the hearing without good cause shown, the
			 allegations of the complaint, petition, application or order to show cause, as
			 the case may be, may be taken as true, and a final order may be issued without
			 further notice of hearing.
(3) If a
			 party, having failed to appear at a hearing, shows good cause for the failure
			 to the commissioner within 10 days after the final order is issued, the
			 commissioner may set aside the order and afford further opportunity to be
			 heard.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.06 - Rules of evidence

Current through June 24, 2024
(1) Rules of evidence are governed by s.
			 227.45, Stats.
(2) The presiding examiner shall rule on all
			 objections and motions made prior to the issuance of the proposed
			 decision.
(3) Failure of a party to
			 object on the record to admission of any evidence shall be deemed a waiver of
			 that objection.
(4) Any party who
			 is dissatisfied with an examiner's ruling may submit comments explaining their
			 position to the commissioner during the period set for receiving comments on
			 the proposed order. If there is no proposed order, comments shall be filed
			 within 15 days after the close of the period for receiving evidence. The
			 commissioner shall review those comments prior to issuing a final
			 order.
(5) Petitions or written
			 communications addressed to the commissioner not admissible as evidence may be
			 filed, but will not be considered evidence.
(6) The party introducing a document as an
			 exhibit shall furnish a copy to all other parties in attendance.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.07 - Transcripts

Current through June 24, 2024
(1) A stenographic, electronic or other
			 record of oral proceedings shall be made by the office. A written transcript of
			 the record shall be prepared only as deemed necessary by the office, and unless
			 otherwise prepared by the office for its own use, shall not be prepared at the
			 specific request of any person unless needed by that person for appeal or court
			 review purposes, or other valid reasons.
(2) Except as otherwise provided by statute,
			 if a transcript has been prepared by the office for its own use, copies may be
			 furnished to all interested parties upon payment of a fee of 15 cents for each
			 page. If no transcript of the record has been prepared by the office and a
			 specific request for a transcript is made, the party making the request shall
			 be responsible for all reasonable costs incurred by the office in transcribing
			 the record and in preparation of the transcript. Any party who on the basis of
			 a verified petition can establish to the satisfaction of the office the need
			 for a transcript and financial inability to pay for a copy may be furnished a
			 copy free of cost. No fee shall be assessed against government
			 bodies.
(3) If a proceeding has
			 been recorded, the office may substitute a copy of the tapes for a transcript
			 request if no petition for judicial review has been filed. The cost per tape
			 shall be an amount set by the office based on the actual total cost and paid in
			 advance, unless otherwise provided by statute.
The cost per tape is $12.00. This amount is subject to
				  change.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.08 - Briefs and answers

Current through June 24, 2024
(1) The examiner may require briefs in any
			 matter before the office and answers to complaints.
(2) Whenever briefs and answers are filed,
			 the examiner shall indicate the date on or before which they shall be
			 submitted.
(3) Briefs shall be no
			 more than 10 pages, typed in double space on 81/2 x 11 inch paper, unless the
			 examiner provides otherwise. An original and one copy of the brief shall be
			 filed with the office and one copy mailed, transmitted by facsimile or
			 delivered in person to each of the other parties.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.09 - Witnesses, subpoenas and depositions

Current through June 24, 2024
(1) Any party may
			 request the examiner to issue subpoenas to compel the attendance of
			 witnesses.
(2) Any party may
			 request the examiner to issue subpoenas duces tecum to compel a witness to
			 bring specific documents.
(3) The
			 examiner may limit the scope of the subpoena or deny it if it appears to be
			 unreasonable, oppresive, excessive in scope or unduly burdensome.
(4) Depositions and written interrogatories
			 may be taken and used as evidence as provided in ch. 804, Stats.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.10 - Close of hearing and evidence

Current through June 24, 2024
(1) Evidence in any
			 proceeding will be declared closed when due opportunity to furnish relevant
			 evidence, including proper cross-examination of witnesses and rebuttal, has
			 been afforded all parties. If by stipulation of the parties or by direction of
			 the examiner documentary evidence is permitted or directed to be introduced
			 subsequent to the close of testimony, the evidence will be declared closed when
			 such documentary evidence is received or when the specified time for furnishing
			 it has elapsed without its being furnished. The examiner may extend the time as
			 originally prescribed for filing such evidence.
(2) When the evidence is closed, but before a
			 proposed decision is issued, the examiner may reopen the hearing for the taking
			 of further evidence.
(3) A hearing
			 is closed when evidence is closed and when after the proposed decision is
			 issued any period fixed for filing of briefs, comments or presentation of oral
			 argument has expired. If the time for filing briefs or comments has expired and
			 the briefs or comments of one or more parties are not filed within that time,
			 the commissioner may proceed to final determination of the
			 proceeding.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.11 - Comments on proposed decisions

Current through June 24, 2024
(1) Where a
			 proposed decision is prepared and circulated, comments shall be filed within 15
			 days of the date of the proposed decision unless a different date is specified
			 by the examiner or commissioner. An original and one copy of the comments shall
			 be filed with the office and one copy mailed, transmitted by facsimile, or
			 delivered in person to each of the other parties listed in the proposed
			 decision.
(2) Oral argument shall
			 be held only where directed by the commissioner.
(a) Requests for oral argument made by
			 parties admitted to the proceeding prior to preparation and circulation of the
			 proposed decision shall be included with the comments on the proposed
			 decision.
(b) Requests for oral
			 argument made by an intervenor not admitted as a party to the proceeding prior
			 to preparation and circulation of the proposed decision shall be directed to
			 the commissioner and shall be filed within 5 days of deposit of the proposed
			 decision in the first class mail or delivery in person to the parties to the
			 proceeding. One copy of the request for oral argument by an intervenor under
			 this paragraph shall be deposited in the first class mail or delivered in
			 person to each of the other parties. Parties already admitted to the proceeding
			 shall have until the end of the comment period provided in sub. (1) to file
			 comments on the admission of the intervenor as a party to the proceeding.
			 Comments on a request made under this paragraph may be included with the
			 comments filed under sub. (1) or filed separately. Oral argument directed by
			 the commissioner to be held under this paragraph shall be limited to relevant
			 questions of law and the application of policy by the office.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.12 - Office records

Current through June 24, 2024
(1) Office records shall be open and
			 available to the public as required by ch. 19, Stats.
(2) Written requests for copies of office
			 records shall be addressed to the commissioner or to the legal custodian of
			 records.
(3) The fee for
			 reproduction, photocopying, photographing, transcription or other duplication
			 of a public record in the custody of the office may not exceed the actual,
			 direct and necessary cost.
Note: The office charges the following fees: simple
				photocopying - 15 cents per page, cassette tape of hearing $12.00. When the
				cost of locating a record exceeds $50, the office charges the actual, necessary
				and direct costs of location. These amounts are subject to change.
(4) With the agreement of the
			 record requester, the custodian of records may elect to use a private company
			 to produce copies of records in any form. The fee for such copies shall be the
			 actual cost charged by the private company plus the cost of any office staff
			 labor.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.13 - Environmental review

Current through June 24, 2024
(1) Approval of construction of major
			 railroad facilities shall be screened using a screening worksheet to determine
			 whether an environmental impact statement is required.
(2) The following types of office actions
			 shall not require an environmental impact statement:
(a) Orders relating to railroad-highway
			 crossings.
(b) Approval of spur
			 track abandonment.
(c) Granting of
			 applications by water carriers.
(d)
			 Granting exemptions for vertical and horizontal clearances.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.14 - Proposed decision

Current through June 24, 2024
(1) FORM. Each proposed decision issued by a
			 hearing examiner shall be in writing, with a title identifying the matter and
			 the docket number.
(2) CONTENT.
			 Each proposed decision shall include all of the following:
(a) Specific proposed findings of
			 fact.
(b) Proposed ultimate
			 conclusion on each material issue.
(c) Proposed conclusions of law.
(d) A proposed order setting out the duties
			 of each party, including deadlines for work or installations required, and an
			 apportionment of costs.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 1 - Procedure And Practice › Section RR 1.15 - Final decision

Current through June 24, 2024
(1) FORM. Each final decision issued by a
			 hearing examiner shall be in writing, with a title identifying the matter and
			 the docket number.
(2) CONTENT.
			 Each final decision shall include all of the following:
(a) Specific findings of fact.
(b) Ultimate conclusion on each material
			 issue.
(c) Conclusions of
			 law.
(d) An order setting out the
			 duties of each party, including deadlines for work or installations required,
			 and an apportionment of costs. The order is not limited simply to granting or
			 denying a petition, but may order any reasonable method for the improvement of
			 public safety or convenience.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 2 - Railroads › Section RR 2.01 - Direct charges - general

Current through June 24, 2024
(1) The direct charges referred to in this
			 chapter are the charges made by the office pursuant to s.
			 195.60(1),
			 Stats.
(2) Direct charges are made
			 for expenses attributable to the performance of the office's regulatory duties
			 which are directly and strictly attributable to the investigations known as
			 cost cases. Direct charges shall include such expenses as travel and salary,
			 but shall not include overhead expenses, whether or not specifically
			 identifiable with an investigation. Expenses not directly charged shall be
			 considered in the remainder assessment.
(3) The supporting records for charges made
			 are:
(a) Monthly time distribution sheets for
			 the time of office staff members. These consist of summaries of charges made,
			 derived from weekly time sheets which record activities performed each day
			 according to docket number.
(b)
			 Monthly travel expense accounts for the travel expenses of office staff
			 members. These charges are made from these expense accounts and are itemized
			 each day according to docket number.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 2 - Railroads › Section RR 2.02 - Direct charges for salaries

Current through June 24, 2024
(1) The maximum
			 daily charge against any one investigation is 8 hours per day.
(2) Charges are made on an hourly basis,
			 computed to the nearest half-hour. The hourly charge for each employe is
			 determined by adding to the individual's base hourly salary rate the cost of
			 time off with pay and the cost of fringe benefits.
(3)
(b) If
			 it is necessary to visit the offices of another state government department,
			 any other government department or organization, state or federal, or any
			 private organization to obtain information for the investigation, the time thus
			 spent shall be charged against the railroad being investigated. If an
			 investigation is made of affiliated interests, this likewise shall be charged
			 against the railroad, the investigation of which necessitates the examination
			 of the affiliate.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 2 - Railroads › Section RR 2.03 - Direct charges for traveling expense

Current through June 24, 2024
(1) All traveling
			 expenses incurred in an investigation or in rendering services shall be charged
			 subject to subs. (2) and (3):
(2)
			 Traveling expenses for an entire trip are prorated among the cases reported on
			 that trip on the basis of the aggregate actual hours (without the proration of
			 traveling time) reported for each, and limited for each investigation by the
			 standard day except where overtime hours as provided in this chapter have been
			 included in the chargeable time. The underlying principle is that the expenses
			 follow time spent.
(3) No direct
			 charges are made for the traveling expenses of:
(a) The commissioner.
(b) Staff acting in a supervisory
			 capacity.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 2 - Railroads › Section RR 2.04 - Procedure for billing and collection of direct charges

Current through June 24, 2024
(1)
(a) The office shall make an express finding
			 of necessity for an investigation of the books, accounts, practices and
			 activities, or an appraisal of the property of any railroad, and of the
			 intention to assess costs incurred by the office.
(b) Notice of finding and notice of the
			 existence of the resulting statutory duty to pay the expenses reasonably
			 attributable to the contemplated investigation or appraisal are served upon the
			 affected railroad by the office.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 2 - Railroads › Section RR 2.05 - Forms - general

Current through June 24, 2024
The forms named in this chapter are listed by title, and may
				be obtained from the office.
The office can be contacted at the Office of the Commissioner
				  of Railroads, Hill Farms State Office Building, 4822 Madison Yards Way, Suite
				  S633, P.O. Box 7854, Madison, WI 53707-7854, (608)
				  267-0276.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 2 - Railroads › Section RR 2.06 - List of forms

Current through June 24, 2024
The following forms may be obtained from the office:
(1) Wisconsin Annual Report Class I
			 Railroads.
(2) Wisconsin Annual
			 Report Class II Railroads.
(3)
			 Wisconsin Annual Report Class III Railroads.
(4) Quarterly report of freight commodity
			 statistics.
(5) Gross operating
			 revenues derived from intrastate operations in the state of Wisconsin for each
			 calendar year. Required of railroads as defined in s.
			 195.02, Stats.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 2 - Railroads › Section RR 2.09 - Plans

Current through June 24, 2024
(1) All railroads operating in Wisconsin
			 shall submit to the office for its approval detailed circuit plans and a
			 description of the operations and functions to be performed by signals for any
			 proposed highway-railroad grade crossing signal installation and for proposed
			 changes in existing installations.
(2) The railroads shall keep a copy of the
			 circuit plans in the instrument cases for the signal installations.
Wisconsin Administrative Code › Office of the Commissioner of Railroads › Chapter RR 2 - Railroads › Section RR 2.10 - Maintenance

Current through June 24, 2024
(1) The railroads shall inspect and test each
			 signal installation in the state at least once a month and record the dates of
			 inspection and maintenance activities in the instrument cases.
(2) The railroads shall repair and replace
			 signal equipment and components as is necessary to maintain proper operation of
			 the signals and shall periodically clean the signal lenses and roundels and
			 paint, if required, the signal backgrounds and hoods.