Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter V - Contested Case Proceedings › Section ATCP 1.20 - Hearing notice

Current through June 24, 2024
To initiate a contested case proceeding, the secretary
					 shall issue a hearing notice to each of the parties. The hearing notice shall
					 be signed and dated by the secretary, and shall be captioned as provided in s.
					 ATCP
					 1.13(2). The hearing notice shall
					 include all of the following:
(1)
				  NATURE OF THE PROCEEDING. A statement of the general nature of the proceeding,
				  including whether the proceeding is a class 1, class 2, or class 3 proceeding
				  under s.
				  227.01(3),
				  Stats.
(2) LEGAL AUTHORITY. A
				  statement of the department's legal authority to conduct the contested case
				  proceeding.
(3) ADMINISTRATIVE LAW
				  JUDGE. The name of the administrative law judge who is appointed to preside
				  over the contested case, unless the secretary intends to preside in
				  person.
(4) FINAL DECISIONMAKER.
				  The name and position of the final decisionmaker who is appointed to issue a
				  final decision in the case, unless the secretary intends to issue the final
				  decision.
(5) HEARING. Except as
				  provided under sub. (6), the date, time and location at which a hearing will be
				  held in the proceeding. Except in an emergency, or by agreement of all parties,
				  the hearing date shall be not less than 30 days after the hearing notice is
				  issued. If any party is required to file an answer or other pleading under s.
				  ATCP
				  1.21, the hearing date shall not precede the last date
				  for filing the answer or other pleading. The administrative law judge may
				  reschedule a hearing as the administrative law judge deems
				  appropriate.
(6) PREHEARING
				  CONFERENCE. Instead of scheduling a hearing, the hearing notice may schedule a
				  prehearing conference under s.
				  ATCP 1.14. The hearing
				  notice may specify that the prehearing conference is to be conducted by
				  telephone, or it may authorize the parties to request a telephone prehearing
				  conference.
Note: If the hearing notice schedules a prehearing
					 conference, rather than a hearing, the administrative law judge will schedule
					 the hearing after consulting the parties.
(7) MATTERS ASSERTED. A short and plain
				  statement of the matters asserted. This statement may incorporate, by
				  reference, the complaint or pleading filed by the initiating party under
				  subchapter III. If the contested case is initiated in response to a complaint
				  under s.
				  ATCP
				  1.05, a copy of the complaint shall be included with
				  the hearing notice.
(8) REQUIRED
				  ANSWER OR PLEADING. A notice to affected parties that they are required to file
				  an answer or responsive pleading, if such is the case. If a proceeding is
				  initiated in response to a complaint under s.
				  ATCP
				  1.05, the notice shall inform each respondent named in
				  the complaint that he or she must file an answer to the complaint under s.
				  ATCP
				  1.21(1).
(9) CONSEQUENCES OF FAILING TO APPEAR OR FILE
				  ANSWER. A statement that, if a party fails to appear or file an answer or
				  pleading as required, the department may issue a decision and order against
				  that party without further notice or hearing.