(1) AUTHORITY. An
administrative law judge may, on behalf of the department and according to this
chapter, preside over a contested case proceeding and issue orders regulating
the conduct of the proceeding. In a contested case proceeding, unless otherwise
provided by the secretary, the administrative law judge may do all 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, as appropriate.
(c) Admit intervenors as parties to a
proceeding.
(d) Make procedural
rulings and issue scheduling orders.
(e) Adjourn or postpone
proceedings.
(f) Grant continuances
or extensions of time.
(g)
Administer oaths and affirmations.
(h) With the approval of the secretary, issue
subpoenas to compel the attendance of witnesses and the production of
documents.
(i) Make evidentiary
rulings and receive relevant evidence.
(j) Regulate discovery proceedings, and issue
orders to compel or limit discovery.
(k) Hold prehearing conferences.
(L) Preside over hearings and regulate the
course of hearings.
(m) Require or
permit the parties to file written briefs and arguments.
(n) Supervise the creation of the contested
case record for that portion of the contested case that is conducted under the
auspices of the administrative law judge.
(o) If necessary and with the secretary's
approval, order and supervise the preparation of a written transcript of oral
proceedings conducted before the administrative law judge.
(p) Issue proposed decisions.
(q) At the request of the final
decisionmaker, advise the final decisionmaker on final decisions and
orders.
(r) Impose or recommend
sanctions for disobedient parties under s.
ATCP 1.11.
(s)
Issue final decisions and orders if appointed as final decisionmaker by the
secretary.
(t) Certify the
contested case record for that portion of the contested case that is conducted
under the auspices of the administrative law judge, if certification is
necessary for a judicial review proceeding.
(2) LIMITS ON AUTHORITY. The administrative
law judge may not exercise any authority which is reserved to the secretary or
final decisionmaker under this chapter, unless the secretary appoints the
administrative law judge as final decisionmaker or delegates the secretary's
authority to the administrative law judge in writing.
(3) IMPARTIALITY.
(a) An administrative law judge shall
withdraw from a contested case if the administrative law judge determines that
there is a conflict of interest or other circumstance which prevents the
administrative law judge from acting impartially, or which creates an undue
appearance of bias.
(b) No person
who participates in the investigation or advocacy of a case, or in the decision
to initiate an enforcement action in that case, may act as administrative law
judge in the case.
(c) An
administrative law judge is not disqualified solely because of the
administrative law judge's employment with the department, or solely because
the administrative law judge has presided over cases involving the same
parties, facts or issues in the past.
(4) 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.
