(1) NONCONTESTED
CASE. Public informational hearings held pursuant to this chapter are not
contested cases as defined in s.
227.01(3),
Stats.
(2) HEARING EXAMINER. Public
informational hearings held pursuant to this chapter shall be conducted by the
secretary or designee.
(3)
PROCEDURE.
(a) Regardless of specific
requirements of this subsection the hearing examiner may, in his or her
discretion, utilize procedures as may be necessary to insure that the hearing
will be conducted in an orderly and expeditious manner, provided such measures
are consistent with broad public participation in the hearing.
(b) The hearing examiner will open the
hearing and make a concise statement of the scope and purpose of the hearing
and shall state what procedures will be used during the course of the hearing.
The hearing examiner shall explain the method of notification of the final
decision to grant or deny a permit and the methods by which the decision may be
reviewed in a public adjudicatory hearing.
(c) Appearance slips shall be distributed to
all in attendance at the hearing. Persons shall state on their appearance slips
their intent to present or not present an oral or written statement at the
hearing.
(d) Informational and
clarifying questions may be directed at persons making oral statements through
the hearing examiner. In no instance shall cross-examination be allowed at the
hearing.
(e) Time limits may be
placed on individual oral statements by the hearing examiner in order to insure
an opportunity for all persons present to make statements in a reasonable
period of time and to prevent undue repetition.
(f) The hearing examiner, in his or her
discretion, may limit the number of representatives that may make oral
statements on behalf of any individual organized group.
(g) Persons proposing to make oral statements
at a hearing may be scheduled at times certain by the hearing examiner when
necessary to ensure maximum participation and allotment of adequate time for
oral statement. Advanced oral statement scheduling may not be a bar to
unscheduled oral or written statements at the hearing.
(h) Multiple copies of all written statements
are encouraged, however, no more than one legible copy of a written statement
shall be required to be submitted to the hearing examiner.
(4) CONTEMPT. Contemptuous conduct at a
hearing shall be grounds for exclusion from the hearing by the hearing
examiner.
(5) REPORT OF PUBLIC
PARTICIPATION. The hearing examiner shall make a written report of public
participation during the hearing process. Copies of the report may be obtained
at reasonable cost by request to the Bureau of Legal Services, P. O. Box 7921,
Madison, Wisconsin 53707.
