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 § TCS 12.10
Current through February 27, 2023
(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.
(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.
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.
Cr. Register, April, 1987, No. 376, eff. 5-1-87.
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