Section PI 34.105 - Conduct of hearings A hearing under this subchapter shall use the following procedures:
(1) TYPE OF PROCEEDING. (a) A license denial hearing shall be conducted as a class 1 proceeding under subch. III of ch. 227, Stats. The hearing shall be conducted within 60 days after the receipt of a request under s. PI 34.103(3).(b) A license revocation hearing shall be conducted as a class 2 proceeding under subch. III of ch. 227, Stats. The hearing shall be conducted within 90 days after receipt of a request under s. PI 34.102(2).(c) A license reinstatement hearing shall be conducted as a class 1 proceeding under subch. III of ch. 227, Stats.(2) HEARING EXAMINER. The state superintendent shall appoint a hearing examiner to preside over a hearing conducted under this subchapter. The hearing examiner shall have the authority described under s. 227.46(1), Stats.(3) NOTICE OF HEARING. The state superintendent shall provide the individual requesting a hearing under this subchapter with at least 20 days written notice of the hearing. The notice may be served by mailing a copy to the last known address of the individual. Service by mail is complete upon mailing.(4) DISCOVERY. Except for an appeal of a denial under s. PI 34.103 or a request for reinstatement under s. PI 34.104, the state superintendent and the applicant or licensee may, prior to the date set for the hearing, conduct discovery as provided under ch. 804, Stats. The hearing examiner may do any of the following: (a) Issue protective orders, including orders to terminate or limit examinations.(b) Establish deadlines for completing discovery.(d) Require sanctions as provided under s. 804.12, Stats., or other remedies as appropriate for failure to comply with an order issued under this subsection.(5) MOTIONS. All motions, except those made at a hearing, shall be in writing filed with the hearing examiner and a copy served on the opposing party not later than 10 days before the time specified for hearing the motion.(6) WITNESSES AND EVIDENCE. The state superintendent and the applicant or licensee shall have the right to do all of the following in a hearing: (a) Appear in person or with counsel.(b) Call, examine, and cross-examine witnesses.(c) Introduce evidence into the record.(7) SUBPOENAS. A party's attorney or the hearing examiner may issue subpoenas for the attendance of any witness at a hearing as provided under s. 227.45(6m). A subpoena may command a person to produce books, papers, documents, or other tangible things. Witnesses subpoenaed shall be entitled to compensation as provided under ch. 885, Stats.(8) FAILURE TO APPEAR OR DEFAULTS.(a) If an applicant fails to appear at a license denial hearing, the state superintendent shall dismiss the applicant's request for a hearing.(b) If a licensee fails to answer as required under s. PI 34.102(3) or fails to appear at the license revocation hearing at the time set by the notice under sub. (3), the licensee is in default and the state superintendent may make findings and enter an order without a hearing on the basis of the notice of probable cause and intent to revoke and other evidence. Only upon showing of good cause, the state superintendent may relieve the licensee from the effect of such findings and permit the licensee to answer and defend against the notice of probable cause and intent to revoke.(9) BRIEFS. The hearing examiner may require the parties to file briefs.(10) ADJOURNMENTS. The hearing examiner may, for good cause, grant continuances, adjournments, and extensions of time.(11) RECORD AND TRANSCRIPT. (a) A stenographic, electronic, or other record shall be made of all hearings in which testimony of witnesses is offered as evidence.(b) Any party may obtain a written transcript of a hearing conducted under this subchapter by filing a written request with the state superintendent. The state superintendent shall charge a reasonable compensatory fee for the transcript. A party who requests a written transcript for the purposes of appeal and who demonstrates indigence to the satisfaction of the state superintendent may be provided with a copy of the transcript at no expense.Wis. Admin. Code Department of Public Instruction PI 34.105
Adopted by, CR 17-093: cr. Register July 2018 No. 751, eff. 8/1/2018