Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 1-9 - General
Chapter ATCP 1 - Administrative Orders And Contested Cases
Subchapter V - Contested Case Proceedings
Section ATCP 1.20 - Hearing notice

(1) NATURE OF THE PROCEEDING. A statement of the general nature of the proceeding, including whether the proceeding is a class 1, class 2, or class 3 proceeding under s. 227.01(3), Stats.

(2) LEGAL AUTHORITY. A statement of the department's legal authority to conduct the contested case proceeding.

(3) ADMINISTRATIVE LAW JUDGE. The name of the administrative law judge who is appointed to preside over the contested case, unless the secretary intends to preside in person.

(4) FINAL DECISIONMAKER. The name and position of the final decisionmaker who is appointed to issue a final decision in the case, unless the secretary intends to issue the final decision.

(5) HEARING. Except as provided under sub. (6), the date, time and location at which a hearing will be held in the proceeding. Except in an emergency, or by agreement of all parties, the hearing date shall be not less than 30 days after the hearing notice is issued. If any party is required to file an answer or other pleading under s. ATCP 1.21, the hearing date shall not precede the last date for filing the answer or other pleading. The administrative law judge may reschedule a hearing as the administrative law judge deems appropriate.

(6) PREHEARING CONFERENCE. Instead of scheduling a hearing, the hearing notice may schedule a prehearing conference under s. ATCP 1.14. The hearing notice may specify that the prehearing conference is to be conducted by telephone, or it may authorize the parties to request a telephone prehearing conference.

Note: If the hearing notice schedules a prehearing conference, rather than a hearing, the administrative law judge will schedule the hearing after consulting the parties.

(7) MATTERS ASSERTED. A short and plain statement of the matters asserted. This statement may incorporate, by reference, the complaint or pleading filed by the initiating party under subchapter III. If the contested case is initiated in response to a complaint under s. ATCP 1.05, a copy of the complaint shall be included with the hearing notice.

(8) REQUIRED ANSWER OR PLEADING. A notice to affected parties that they are required to file an answer or responsive pleading, if such is the case. If a proceeding is initiated in response to a complaint under s. ATCP 1.05, the notice shall inform each respondent named in the complaint that he or she must file an answer to the complaint under s. ATCP 1.21(1).

(9) CONSEQUENCES OF FAILING TO APPEAR OR FILE ANSWER. A statement that, if a party fails to appear or file an answer or pleading as required, the department may issue a decision and order against that party without further notice or hearing.