Current through February 24, 2025
(1) PAPERS
CAPTIONED. Except as otherwise permitted by the administrative law judge, each
party shall, to the extent practicable, caption each pleading, notice, motion,
brief, stipulation, decision, order and other paper filed in a contested case
with all of the following:
(a)
1. If the contested case arises under ch. Ins
17, the heading, "Board of the Patients Compensation Fund."
3. In any other case, the heading,
"Commissioner of Insurance."
(b) The name of the paper.
(c) The legal file number assigned to the
contested case.
(d) The title of
the contested case in the form, "In the Matter of ..." followed by one of the
following:
1. The name and designation of the
petitioner in a class 1 proceeding.
2. The name and designation of each
respondent in a class 2 proceeding.
3. The name and designation of the petitioner
and the name and designation of one of the following respondents in a class 3
proceeding:
a. The Wisconsin compensation
rating bureau in a contested case arising under s. 626.31 (4), Stats., and s.
Ins 5.09 (4) or s. 102.31 (4), Stats., and s. Ins 5.09 (5).
b. The Wisconsin insurance plan in a
contested case arising under ss. Ins 4.10 (16) and 5.09 (6).
c. The Wisconsin automobile insurance plan in
a contested case arising under ss. Ins 3.49 (3) (d) 1. and 5.09 (7).
d. The Wisconsin health care liability
insurance plan, the patients compensation fund or both in a contested case
arising under ss. Ins 5.10 (1) (a) or (c) and 17.24 (3).
e. The Wisconsin health care liability
insurance plan in a contested case arising under ss. Ins 5.10 (1) (b) and 17.25(16).
f. The patients compensation
fund peer review council in a contested case arising under ss. Ins 5.10 (1) (c)
and 17.285 (9).
(2) FORM. Except as otherwise permitted or
ordered by the administrative law judge, each paper filed shall comply with all
of the following:
(a) It shall be printed or
typewritten on only one side of 8-1/2 by 11 inch paper.
(b) It shall be signed by the party, by the
party's attorney or, if the party is a corporation, limited liability company,
partnership, cooperative or other association, by any of its officers or
employees. The name and mailing address shall be printed or typewritten
immediately after the signature.
(3) FILING; SERVICE.
(a) Filing of a paper is complete upon its
receipt by the office or the administrative law judge before 4:30 p.m. on any
business day.
(b) Whenever a party
files a paper in a contested case, that party shall, on the same date, serve a
copy on every other party.
(c) By
filing a paper in a contested case, the filing party certifies that he or she
has served a copy on every other party as required by par. (b). No other
affidavit of mailing or service is required.
(d) If any party claims not to have received
a copy of any filed paper, an affidavit of mailing constitutes presumptive
proof of service.
(e) Mailing by
the office to a person regulated by the office at the latest mailing address
the person has on file with the office constitutes presumptive proof of
service.
(f) Section 801.14 (2),
Stats., shall govern the method and completion of service of papers. Documents
exceeding 15 pages in length may not be filed with the office or administrative
law judge by facsimile transmission.
(g) Section 801.15 (5), Stats., does not
apply to proceedings under this chapter.
(4) COPIES to administrative law judge. If
the office or a board, plan, fund or council is not a party to a contested
case, each party shall furnish the administrative law judge with a copy of each
paper served on the other parties except papers served in connection with
discovery.
(5) ADDRESS. Unless
otherwise ordered by the administrative law judge, the address for serving and
filing documents with the office, the PCF Board or the administrative law judge
is: Office of the Commissioner of Insurance Attn: Legal Unit, 101 E. Wilson
St., P. O. Box 7873, Madison, WI 53703. Facsimile transmission number:
608-264-6228.
