Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.09 - Hearing decision

Current through June 24, 2024
(1) The tape recording of the hearing, the
					exhibits, papers and requests filed in the proceeding and matters of which the
					administrative law judge has taken official notice shall constitute the
					exclusive record for decision.
(2)
					The decision shall be in writing in the name of the department by the
					department secretary or a designee such as an administrative law judge in the
					division.
(3) The decision shall
					set forth the names and addresses of all persons who appeared before the
					division in the proceeding who are considered parties for purposes of judicial
					review, the issue or issues, the principal relevant facts elicited at the
					hearing, the reasoning that led to the decision, citation of legal authority,
					the action taken and the parties' appeal rights. These elements shall be
					grouped under appropriate headings such as preliminary recitals, findings of
					fact, discussion, conclusions of law and the order.
(4) Unless a different standard is provided
					by law, the standard for decision shall be by a preponderance of the credible
					evidence.
(5) Where necessary and
					appropriate, an interim decision may be issued, where a final decision
					dispositive of the merits of the case is not possible.
(6) A copy of the decision shall be mailed to
					the petitioner, the petitioner's representative, if any, and the agency or the
					department organizational unit charged with the administration of the
					assistance or services involved. The petitioner's mailing address shall be the
					address given for the petitioner on the hearing request, unless the petitioner
					has notified the division of another address in writing or placed it on the
					hearing record.
(7) The decision
					shall include the names and addresses of the petitioner and the department or
					agency. The division shall serve a copy of the decision on each party. The
					decision is served on a party as of the date it is mailed by the
					division.
(8) The petitioner may
					request a copy of the audio cassette tape recording of the hearing. The
					division shall furnish the requested recording upon receipt of payment for the
					cost of duplication and mailing. A written transcript of the hearing shall be
					prepared only if an appeal is filed with a circuit court pursuant to s.
					227.53,
					Stats. If the petitioner requests a written copy of that transcript following
					the filing of that appeal, the division may impose a reasonable charge per
					transcript page.
(9)
(a) Except for a proposed decision under par.
					(b), or by order in a specific case, the decision of the administrative law
					judge shall be the final decision of the department in proceedings under this
					chapter.
(b) The administrative law
					judge shall submit a proposed decision to the secretary or designee for
					decision in any of the following circumstances:
1. The decision holds that a manual or
					handbook provision, contract provision, state plan provision, numbered memo
					administrative directive or other official document is invalid or limited under
					a statute, administrative rule or federal regulation.
2. The department has not delegated final
					decision making authority to the division.