Wisconsin Administrative Code
Department of Administration-Division of Hearings and Appeals
Chapter HA 1 - Procedure And Practice For Contested Cases
Section HA 1.13 - Rules of evidence

Universal Citation: WI Admin Code ยง HA 1.13

Current through August 26, 2024

(1) RULES. Rules of evidence in contested cases are governed by s. 227.45, Stats.

(2) ADMISSIBILITY. Evidence submitted at the time of the hearing need not be limited to matters set forth in the appeal. If variances occur, the appeal shall be considered amended by the record. The administrative law judge may grant such continuances as may be necessary to give other parties adequate time to prepare evidence to rebut that involved in any variances.

(3) TECHNICAL DATA. When evidence to be presented consists of data so complex as to make oral presentation difficult to follow, or if information can be more effectively presented visually, the data may be presented in exhibit form and supplemented and explained by oral testimony.

(4) PETITIONS. Petitions or other written communications not admissible as evidence may be filed with the administrative law judge but may not be part of the record.

(5) EXHIBITS AND PREPARED TESTIMONY.

(a) The administrative law judge may order parties offering documentary exhibits or prepared testimony to furnish copies to all other parties in advance of the hearing and to provide a reasonable amount of time as the administrative law judge may order to enable review of the prepared testimony and exhibits. Upon compliance with such order, prepared testimony may be admitted in evidence as though given orally, providing the authors are present and available for cross-examination.

(b) An administrative law judge at his or her discretion may exclude from the record exhibits offered into evidence that are bulky, dangerous, perishable, or otherwise not suitable for inclusion in agency records. Proponents shall make reasonable efforts to use photographs, recordings, or other mechanical or electronic means to substitute for physical evidence excluded by the administrative law judge.

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