Wisconsin Administrative Code
Veterinary Examining Board
Chapter VE 3 - Complaint Procedures
Subchapter V - Administrative Injunctions
Section VE 3.82 - Administrative law judge
Universal Citation: WI Admin Code ยง VE 3.82
Current through August 26, 2024
(1) DESIGNATION. The department may request DHA assign an administrative law judge to preside over any administrative injunction proceeding.
(2) AUTHORITY AND DUTIES. An administrative law judge may, on behalf of the department, 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.
(f) Adjourn or postpone
proceedings.
(g) Grant continuances
or extensions of time.
(h) Issue
subpoenas to compel the 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.
(s) Issue final
decisions and orders, if requested by the department.
(3) LIMITS ON AUTHORITY. The administrative law judge may not exercise any authority which is reserved to the department, except as delegated in writing under sub. (2) (s).
(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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