Section HA 1.12 - Conduct of hearings(1) PROCEDURE. The administrative law judge shall open the hearing and may make a concise statement of its scope and purposes. Appearances shall be entered on the record. Parties may make motions or opening statements.(2) OPENING STATEMENTS. When opening statements are made they shall be confined to: (a) Clear and concise summary of the evidence intended to be offered; and(b) A statement of ultimate legal points relied upon.(3) ORDER OF PROCEEDINGS. (a) In proceedings where an agency has issued an order or proposed order and the order recipient requests a hearing on the matter, the agency shall proceed first with the presentation of evidence and shall bear the burden of proof.(b) In any proceeding other than a proceeding under par. (a), the administrative law judge will apply normal rules of procedure used in the courts in determining the appropriate order of presentation of a case and on whom the burden of proof should fall. (4) OFF RECORD. Proceedings may be conducted off the record only when the administrative law judge permits. If a discussion off the record is deemed pertinent by the administrative law judge, he or she may summarize it on the record.(5) OBJECTIONS TO EVIDENCE. Any argument before the administrative law judge on objections to receipt of evidence or on motions to strike will be recorded. The parties will be afforded the opportunity to make an offer of proof, which shall be in the form directed by the administrative law judge.(6) CONTEMPT. Conduct that unreasonably impedes the orderly progress of the hearing or contemptuous conduct at a hearing shall be grounds for exclusion from the hearing. The division or the administrative law judge may take other actions that are authorized by statute and are appropriate under the circumstances.(7) SEQUESTRATION OF WITNESSES. At the request of a party, or on the administrative law judge's own motion, the administrative law judge may order witnesses sequestered in accordance with s. 906.15, Stats.(8) TELEPHONE AND AUDIOVISUAL TESTIMONY. The administrative law judge may permit oral argument and oral testimony communicated on the record by telephone or live audiovisual means as provided in s. 807.13, Stats.Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 1.12
CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.