Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 1-9 - General
Chapter ATCP 1 - Administrative Orders And Contested Cases
Subchapter VI - Decisions and Judicial Review
Section ATCP 1.33 - Costs upon frivolous claim
Current through August 26, 2024
(1) Upon motion by any party under s. ATCP 1.14, and in accordance with s. 227.483, Stats., if the administrative law judge finds that a party has initiated or pursued a frivolous action, claim or defense in a contested case, the administrative law judge may order the party to reimburse another party for the direct costs, including reasonable attorney fees, that the other party has incurred in responding to that frivolous action, claim or defense.
(2) An administrative law judge may not find that an action, claim or defense is frivolous under sub. (1) unless the administrative law judge finds at least one of the following:
(3) If an administrative law judge issues an order under sub. (1) against a party other than a public agency, the administrative law judge may assess those costs against the party or the party's attorney, or may allocate the cost assessment between the party and the party's attorney.
