Wisconsin Administrative Code
Office of the Commissioner of Railroads
Chapter RR 1 - Procedure And Practice
Section RR 1.04 - Hearings

Universal Citation: WI Admin Code ยง RR 1.04

Current through February 26, 2024

(1) At any hearing an examiner may preside. Personal interest in or knowledge of the matter to be heard disqualifies the examiner if it prevents the examiner from acting fairly or impartially. No person who has directly participated in the investigation of the matter to be heard shall be designated or serve as examiner.

(2) The examiner, at any time prior to the commencement of a hearing, may require the parties or their counsel to appear at a pre-hearing conference for the purpose of simplification and clarification of issues or consideration of other matters which may expedite or aid in the disposition of the proceeding, and issue orders as necessary to carry out the purposes of this chapter. All stipulations made at a pre-hearing conference shall be made a matter of record and control subsequent proceedings.

(3) If any original document in a proceeding is lost or withheld by any person, or is otherwise unavailable, the examiner may authorize the filing or use of a copy in place of the original. The examiner may authorize the substitution of a copy of any original document received in evidence as an exhibit and return the original to the owner.

(4) Parties may be off the record only when the examiner permits. If a discussion off the record is pertinent, the examiner will summarize it on the record. Any argument before the examiner on objections to receipt of evidence or on motions to strike will not be recorded. The legal reasons for the objections or motion will be recorded.

(5) Members of the office staff appear neither in support of nor opposition to any cause, but solely to discover and present facts pertinent to the issues.

(6) No smoking is permitted during hearings.

(7) Failure to comply with any order issued under sub. (2) or s. RR 1.09 by any of the parties without good cause shown for the failure to comply shall result in sanctions being imposed by the examiner. Sanctions which shall be imposed include any of the following:

(a) An order that the matters for which the initial order was made or any other designated facts shall be taken to be established for the purposes of the hearing in accordance with the claim of the party obtaining the order;

(b) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the disobedient party from introducing designated matters in evidence; or

(c) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgement by default against the disobedient party.

(8) At the request of any of the parties or on the examiner's own motion, the examiner may order the sequestering of witnesses.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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