Section Ins 5.19 - Administrative law judges(1) APPOINTMENT. The commissioner, an official or employee of the office designated by the commissioner, an employee borrowed from another agency as provided in s. 227.46(1)(intro.), Stats., or a person employed as a special project or limited-term employee by the office or appointed according to the terms of a contract to which the office is a party, shall act as administrative law judge for each contested case.(2) AUTHORITY AND DUTIES. The administrative law judge may do any of the following: (a) Require the parties to submit supplementary pleadings in order to clarify positions or issues.(b) Consolidate proceedings and order the joinder of parties.(c) Admit intervenors as parties to a contested case.(d) Provide interpreters under s. 885.37(3) (b) and (3m), Stats.(e) Make procedural rulings and issue scheduling and other orders.(f) Adjourn or postpone proceedings.(g) Grant extensions of time to file papers.(h) Issue subpoenas to compel the attendance of witnesses and the production of evidence.(i) Regulate discovery proceedings and issue orders to compel or limit discovery.(j) Hold prehearing conferences.(k) Preside over and regulate the course of hearings. (L) Administer oaths and affirmations.(m) Receive evidence and make evidentiary rulings.(n) Impose or recommend sanctions for disobedient parties.(o) Require or permit parties to file written briefs and arguments.(p) Supervise the compilation of the record.(q) Order preparation of a written transcript of oral proceedings and supervise preparation of the transcript.(r) Issue proposed decisions.(s) Advise the final decision maker on final decisions and orders.(t) Issue final decisions and orders if appointed as final decision maker by the commissioner or a board.(u) Certify the contested case record to a circuit court, if necessary for a judicial review proceeding.(v) Take any other action authorized by law.(3) LIMITS OF AUTHORITY. The administrative law judge may not exercise any authority that is reserved to the final decision maker under this chapter, unless the commissioner or a board orders that the administrative law judge's decision is the final decision.(4) IMPARTIALITY. (a) An administrative law judge shall withdraw from a contested case if he or she has a personal bias regarding the matter or another reason for disqualification that prevents him or her from acting in an impartial manner.(b) A party filing a motion under s. 227.46(6), Stats., to disqualify an administrative law judge in a class 2 or 3 proceeding shall include in an affidavit attached to the motion a description of each specific act or situation which the party believes demonstrates the administrative law judge's personal bias or other basis for disqualification. The party shall also file a brief citing any applicable case law on which the party relies.(c) A motion under par. (b) is timely if it is filed before the prehearing conference or within 10 days after the party acquires knowledge or, with reasonable diligence, should have acquired knowledge of facts allegedly demonstrating personal bias or other reason for disqualification of the administrative law judge.(d) Failure to file a timely and sufficient affidavit under par. (b) constitutes a waiver of the right to object to the qualification of the administrative law judge.(e) An administrative law judge is not disqualified solely because he or she is an employee of the office, or solely because the administrative law judge has presided over a case involving the same or related parties, facts or issues in the past.(5) EX PARTE COMMUNICATIONS. If an administrative law judge receives an ex parte communication which violates s. 227.50(1), Stats., the administrative law judge shall deal with the ex parte communication as provided under s. 227.50(2), Stats.Wis. Admin. Code Office of the Commissioner of Insurance Ins 5.19
Cr. Register, March, 1996, No. 483, eff. 4-1-96.