Wis. Admin. Code Department of Justice Jus 11.09

Current through November 25, 2024

Section Jus 11.09 - Contested case hearing

(1) PETITION FOR HEARING. The applicant may petition the department for a contested case hearing to review the decision of the department.

(a) The applicant filing a petition for hearing shall be designated as "petitioner." The department of justice shall be designated as "respondent."

(b) The petition for hearing shall request that a hearing be granted in the particular case and clearly state the particular finding or findings of the department which applicant claims are in error.

(c) The applicant shall file with the department the written request for a contested case hearing within 30 days of the date of the written decision of the department. The time during which the applicant may request a contested case hearing to review the decision of the department shall begin with the date of mailing of the decision.

(d) The department shall either grant or deny the request for a contested case hearing by mailing to the petitioner an order granting or denying the request. If a hearing is not granted within 60 days of receipt of the request for a contested case hearing, the request shall be deemed denied.

(2) PREHEARING CONFERENCE. In any action to be set for hearing, the hearing examiner may conduct a prehearing conference in person or by telephone in all proceedings for hearings under this subchapter.

(a) The hearing examiner shall attempt to obtain from the parties to the prehearing conference a stipulation as to any issue of fact or law over which there is no genuine dispute, including:

1. Whether a crime has been committed.

2. Whether the applicant sustained injuries or death as a direct result of a crime.

3. The nature and extent of the applicant's injuries.

4. The economic loss sustained by the applicant.

5. The amount the applicant has been, or expects to be, compensated from other sources.

(b) Failure of any interested party to appear in person or by attorney at the prehearing conference constitutes a waiver of that interested party's right to become a party to the administrative proceedings.

(c) Failure of petitioner to appear in person or by attorney at the prehearing conference shall result in the entry of a decision dismissing the petition.

(3) HEARING PRACTICES AND PROCEDURES. The hearing examiner shall conduct contested case hearings in accordance with the rules in this subsection.

(a) The department shall request the division of hearings and appeals, department of administration, to appoint a hearing examiner to preside over the contested case hearing.

(b) Chapter HA 1 rules of procedures and practice shall apply in all contested case hearings held under this subchapter, except as specifically provided otherwise.

(c) All hearings held under this subchapter shall be class 1 proceedings as defined in s. 227.01(3) (a), Stats.

(d) The department shall attach to the request for a contested case hearing:

1. The application.

2. The written decision of the department.

3. The written request for a hearing.

4. The order granting the hearing.

5. A list of all interested parties.

6. Any other documents the department deems necessary.

(e) The claimant shall proceed with the burden of proving by a preponderance of the credible evidence that:

1. A crime occurred which meets the definition under s. 949.03, Stats.

2. The victim incurred a personal injury as defined under s. 949.01(5), Stats., or a death, as a direct result of the incident.

3. The victim or claimant suffered an economic loss as defined in s. 949.06, Stats., as a direct result of the injury or death.

(f) The department shall have the burden of proving by the preponderance of the credible evidence any limitations to an award or any defenses to the claimant's application.

(g) All hearings shall be open to the public unless in a particular case the examiner determines that the hearing, or a portion thereof, shall be held in private having regard for the fact that the offender has not been convicted and for the interest of the victim.

(h) The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this subchapter and may enforce compliance with such subpoenas as provided in s. 885.12, Stats.

Wis. Admin. Code Department of Justice Jus 11.09

Cr. Register, February, 1992, No. 434, eff. 3-1-92.

Amended by, CR 15-058: am. (2) (intro.), (3) (b), (c), (h) Register May 2016 No. 725, eff. 6/1/2016

Amended by, CR 19-136: am. (1) (d), (3) (g) Register September 2021 No. 789, eff. 10/1/2021