Wisconsin Administrative Code
Technical College System Board
Chapter TCS 12 - Wisconsin environmental policy act procedures
Section TCS 12.10 - Contested case hearing
Universal Citation: WI Admin Code ยง TCS 12.10
Current through February 26, 2024
(1) PETITION FOR CONTESTED CASE HEARING. The board shall grant a petition for a contested case hearing on the FEIS when the petition contains a statement of the specific reasons why the petitioner believes a contested case hearing should be held and the petition contains sufficient facts for the board to determine that:
(a) The petitioner satisfies the criteria of
s. 227.42, Stats.; or
(b) The petitioner has an individual interest
in the outcome of the proceeding and a public interest will be served by
holding a contested case hearing.
(2) TIME LIMIT FOR PETITION. Any petition received by the board requesting a contested case hearing more than 20 days after the date of publication of the notice of availability shall be denied.
(3) HEARING.
(a) If the board grants a request for a
contested case hearing, the board shall inform the person making the request
about the date, time and place of the hearing.
(b) In the event that more than one request
for a contested case hearing on the FEIS is granted, the board shall
consolidate the requests and hold one hearing.
(c) The only issue at the hearing shall be
whether the FEIS complies with the requirements of s.
1.11, Stats. The persons who
requested the hearing shall have the burden of proving to a reasonable
certainty by the greater weight of the credible evidence that the FEIS does not
comply with the requirements of s.
1.11, Stats.
(d) The hearing shall be held in accordance
with the board's general procedural rules for hearings or, in the absence of
those rules, the conditions and procedures set out in ss.
227.44 to
227.50, Stats., except as
otherwise provided in this subsection. Rescheduling of hearings shall be at the
board's discretion and shall be granted only for good cause.
(4) EVIDENCE, DISCOVERY AND DISCLOSURE.
(a) The FEIS shall be received
into the hearing record as an exception to the hearsay rule and shall be
considered by the board in making its decision for whatever probative value the
FEIS has.
(b) Notwithstanding any
other rule of the board, the parties in proceedings under this section shall
have the means of discovery, except written interrogatories and depositions on
written questions, available to parties through judicial proceedings set forth
in ch. 804, Stats.
(c) Not less
than 10 days before the hearing the parties shall file with the board:
1. The names and addresses of all witnesses,
including adverse witnesses, that the party may call to testify at the
hearing;
2. A detailed written
summary of the testimony to be elicited from each witness identified in subd.
1., including any option or conclusion of the witness on any matter relevant to
the proceedings and the facts and data underlying that opinion or conclusion.
The summary shall be an oath or affirmation; and
3. A copy of any document or other writing,
except the FEIS, and a copy or detailed description of any demonstrative
evidence the party may offer into evidence as exhibits.
(d)
1. Any
witness whose name, address and summary of testimony is not provided as
required in par. (c) 1. and 2. shall not be permitted to testify at the
hearing. No witness may testify on any matter not included in the summary of
testimony.
2. No document or other
writing or a copy of detailed description of any demonstrative evidence not
filed as provided in par. (c) 3. may be made part of the record.
(e) Unless objected to by the
board, any summary of testimony of a witness for the person who requested the
hearing shall be made part of the record in lieu of the testimony of that
witness as an exception to the hearsay rule and shall be considered by the
board for whatever probative value that testimony has in making its decision.
Unless objected to by the person who requests the hearing, any summary of the
testimony of a witness for the board shall be made part of the record in lieu
of the testimony of such witness as an exception to the hearsay rule and shall
be considered by the board for whatever probative value that testimony has in
making its decision.
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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