Wisconsin Administrative Code
Veterinary Examining Board
Chapter VE 3 - Complaint Procedures
Subchapter III - Procedures for Disciplinary Proceedings
Section VE 3.36 - Administrative law judge

Universal Citation: WI Admin Code ยง VE 3.36

Current through August 26, 2024

(1) DESIGNATION. The board may request DHA assign an administrative law judge to preside over any disciplinary proceeding.

(2) AUTHORITY AND DUTIES. An administrative law judge may, on behalf of the board, do all of the following:

(a) Gain permission from parties for service of all documents to be via electronic transmission, or other means if necessary.

(b) Require parties to clarify positions or issues.

(c) Hold prehearing conferences and issue memoranda for the record, summarizing all actions taken and agreements reached.

(d) Make procedural rulings and issue scheduling orders, including for motions, date, time and location of hearing, discovery, identification of witnesses and evidence for hearing, stipulations by the parties for hearing and other matters aiding in the orderly disposition of the proceedings.

(e) Hold motion hearings and make rulings on said motions.

(f) Adjourn or postpone proceedings.

(g) Grant continuances or extensions of time.

(h) Issue subpoenas to compel witness attendance and document production.

(i) Regulate discovery proceedings, and issue orders to compel or limit discovery.

(j) Select the location of the hearing.

(k) Preside over hearings and regulate the course of hearings.

(l) Administer oaths and affirmations.

(m) Make evidentiary rulings and receive relevant evidence.

(n) Impose sanctions on disobedient parties.

(o) Require or permit the parties to file written briefs and arguments.

(p) Supervise the required creation of a stenographic or electronic record of the portion of the proceedings conducted under the auspices of the administrative law judge.

(q) If required, order and supervise the preparation of a written transcript of proceedings conducted before the administrative law judge.

(r) Issue proposed decisions.

(3) LIMITS ON AUTHORITY. The administrative law judge may not exercise any authority reserved to the board.

(4) IMPARTIALITY.

(a) An administrative law judge shall withdraw from a contested case if the administrative law judge determines that there is a conflict of interest or other circumstance which prevents the administrative law judge from acting impartially, or which creates an undue appearance of bias.

(b) 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 in s. 227.50(2), Stats.

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