Section NR 2.11 - Preservation of testimony and discovery of evidence in contested case hearings(1) DISCOVERY IN CLASS 2 PROCEEDINGS. The department or any party in a class 2 proceeding may obtain prehearing discovery and preserve testimony as provided under ch. 804, Stats. For good cause, the administrative law judge may allow a shorter or longer time for discovery or preserving testimony than is allowed by ch. 804, Stats. For good cause shown, the administrative law judge may issue orders to protect persons or parties from annoyance, embarrassment, oppression or undue burden, as provided in s. 804.01(3), Stats. The administrative law judge may issue orders to compel discovery.(2) DISCOVERY IN CLASS 1 AND 3 PROCEEDINGS. For good cause shown, the department or the administrative law judge may allow prehearing discovery and the preservation of evidence in any class 1 proceeding or class 3 proceeding as provided under ch. 804, Stats. Any order allowing discovery or the preservation of evidence may include any reasonable limitations on the scope and extent of discovery as the department or the administrative law judge deems appropriate under the circumstances. In class 1 proceedings and class 3 proceedings, the taking and preservation of evidence shall be permitted with respect to a witness in any of the following: (a) Who is beyond reach of a subpoena for the hearing.(b) Who is about to go out of the state, not intending to return in time for the hearing.(c) Who is so sick, infirm or aged as to make it probable that the witness will not be able to attend the hearing.(d) Who is a member of the legislature, if any committee of the same or the house of which the witness is a member is in session, provided the witness waives his or her privilege.(3) COMPLETION OF DISCOVERY. In all contested cases, all discovery shall be completed at least 7 days prior to the date on which the hearing is scheduled to begin, unless otherwise agreed by the parties or ordered by the department or the administrative law judge.Wis. Admin. Code Department of Natural Resources NR 2.11
Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. Register, April, 1976, No. 244, eff. 5-1-76; am. Register, March 1978, No. 267, eff. 4-1-78; am. Register, March, 1984, No. 339, eff. 4-1-84; CR 02-046: renum. and am. (intro) to be (1), cr. (2) and (3) Register September 2004 No. 585, eff. 10-1-04.