Wisconsin Administrative Code
Waste Facility Siting Board
Chapter WFSB 2 - Procedures in the administration of s. 289.33, Stats
Section WFSB 2.11 - Hearings, transcripts

Universal Citation: WI Admin Code ยง WFSB 2.11

Current through November 27, 2023

(1) PUBLIC HEARING. All hearings shall be public.

(2) RESCHEDULING OF HEARING. Upon its own motion or proper cause shown by any of the parties, the board may, prior to the opening of the hearing, reschedule the date of such hearing.

(3) RIGHTS OF PARTIES AT HEARING. Any party shall have the right to appear by counsel or by any other representative to present his case by oral, documentary, or other evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts. Any party shall be entitled, upon request, to a reasonable period for oral argument at an appropriate time during the hearing.

(4) EFFECT OF FAILURE TO APPEAR. Any party failing to appear and participate after certified receipt of notice shall be deemed to have waived the rights set forth in sub. (2), to admit the accuracy of the uncontradicted evidence put forth by the parties present, and shall, unless good cause be shown, be precluded thereafter from introducing any evidence controverting any contentions or allegations. The examiner may relay on the record as made.

(5) OPENING STATEMENTS. Opening statements are optional and shall be confined to a brief summary of the nature of the case, the evidence intended to be offered, and the controlling legal authorities.

(6) EVIDENCE. Rules of evidence are governed by ss. 227.45 and 885.40 to 885.47, Stats.

(7) WITNESSES.

(a) Normally, a witness shall be examined first on direct examination by the party calling the witness, unless the witness is called adversely, in which case the witness shall be first examined adversely by the party calling the witness.

(b) Witnesses may testify either by answers to questions or in narrative form.

(c) Cross-examination shall not be limited to matters to which the witness testified on direct.

(d) A person examining or cross-examining a witness shall not approach the witness stand except to show the witness an exhibit.

(e) Examination and cross-examination should be confined to questioning the witness and should not be interspersed with argument or commentary on the testimony. A party not represented by counsel should not make evidentiary statements while examining or cross-examining a witness. Such evidentiary statements should be restricted to the part of the case where the party is testifying on his or her own behalf.

(8) STIPULATIONS. Parties may stipulate to some or all of the facts, and the board may base its order upon such stipulation.

(9) EXHIBITS. All exhibits shall be marked and made available for inspection by the opposing party before being shown to the witness, unless the exhibit shall have been marked and a copy made available to the opposing party prior to the hearing.

(10) CONTINUANCES. Continuances, postponements, adjournments, recesses and extensions of time may be granted or directed by the board or individual conducting the hearing. Hearings may be recessed or adjourned at the request of any party adversely affected by the introduction of evidence constituting undue surprise to afford such party a fair and reasonable opportunity to examine and study such evidence.

(11) TRANSCRIPTS. A stenographic, electronic or other record of hearings and such other proceedings as the board may designate shall be recorded. The typed transcript or other record will be available in the board office for the use of the parties. Copies of the tape recordings, transcripts or other records shall be furnished upon request, at cost.

(12) CORRECTIONS OF TRANSCRIPT. Corrections of the official transcript may be made only when they involve errors affecting substance and shall be made only in the manner provided here. Proposed corrections shall be submitted by stipulation or request. Corrections pursuant to a request, shall not be ordered except upon notice and opportunity for submission of statements in opposition. When corrections are so ordered the necessary physical corrections shall be made in the official transcript.

(13) BRIEFS. The board or individual conducting the hearing may require briefs and shall indicate the date on or before which they shall be submitted.

Cr. Register, November, 1984, No. 347, eff. 12-1-84; corrections in (4) and (6) made under s. 13.93(2m) (b) 4 and 7., Stats., Register, November, 1988, No. 395; am. (6), Register, July, 1991, No. 427, eff. 8-1-91.

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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