(1) APPOINTMENT.
The commissioner, an official or employee of the office designated by the
commissioner, an employee borrowed from another agency as provided in s.
227.46(1)(intro.),
Stats., or a person employed as a special project or limited-term employee by
the office or appointed according to the terms of a contract to which the
office is a party, shall act as administrative law judge for each contested
case.
(2) AUTHORITY AND DUTIES. The
administrative law judge may do any 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.
(c) Admit
intervenors as parties to a contested case.
(d) Provide interpreters under s.
885.37(3) (b) and (3m), Stats.
(e) Make procedural rulings and issue
scheduling and other orders.
(f)
Adjourn or postpone proceedings.
(g) Grant extensions of time to file
papers.
(h) Issue subpoenas to
compel the attendance of witnesses and the production of evidence.
(i) Regulate discovery proceedings and issue
orders to compel or limit discovery.
(j) Hold prehearing conferences.
(k) Preside over and regulate the course of
hearings.
(L) Administer oaths and
affirmations.
(m) Receive evidence
and make evidentiary rulings.
(n)
Impose or recommend sanctions for disobedient parties.
(o) Require or permit parties to file written
briefs and arguments.
(p) Supervise
the compilation of the record.
(q)
Order preparation of a written transcript of oral proceedings and supervise
preparation of the transcript.
(r)
Issue proposed decisions.
(s)
Advise the final decision maker on final decisions and orders.
(t) Issue final decisions and orders if
appointed as final decision maker by the commissioner or a board.
(u) Certify the contested case record to a
circuit court, if necessary for a judicial review proceeding.
(v) Take any other action authorized by
law.
(3) LIMITS OF
AUTHORITY. The administrative law judge may not exercise any authority that is
reserved to the final decision maker under this chapter, unless the
commissioner or a board orders that the administrative law judge's decision is
the final decision.
(4)
IMPARTIALITY.
(a) An administrative law judge
shall withdraw from a contested case if he or she has a personal bias regarding
the matter or another reason for disqualification that prevents him or her from
acting in an impartial manner.
(b)
A party filing a motion under s.
227.46(6),
Stats., to disqualify an administrative law judge in a class 2 or 3 proceeding
shall include in an affidavit attached to the motion a description of each
specific act or situation which the party believes demonstrates the
administrative law judge's personal bias or other basis for disqualification.
The party shall also file a brief citing any applicable case law on which the
party relies.
(c) A motion under
par. (b) is timely if it is filed before the prehearing conference or within 10
days after the party acquires knowledge or, with reasonable diligence, should
have acquired knowledge of facts allegedly demonstrating personal bias or other
reason for disqualification of the administrative law judge.
(d) Failure to file a timely and sufficient
affidavit under par. (b) constitutes a waiver of the right to object to the
qualification of the administrative law judge.
(e) An administrative law judge is not
disqualified solely because he or she is an employee of the office, or solely
because the administrative law judge has presided over a case involving the
same or related parties, facts or issues in the past.
(5) 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.
