Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 3.06 - Hearing arrangements

Current through March 28, 2022

(1) A hearing shall be held at a time reasonably convenient to the petitioner, department or agency staff and the administrative law judge, shall be easily accessible to the petitioner and, whenever possible, shall be held on department or agency premises, subject to the judgment of the administrative law judge.
(2) A petitioner in need of special arrangements for the hearing, such as an interpreter or a hearing site other than the county agency, shall notify the division of this need no later than 5 days prior to the hearing.
(3) At least 10 days before the hearing, the division shall provide written notice to the petitioner and the petitioner's representative, if any, of the time, date and place of the hearing.
(4) The division may postpone a hearing for good cause. In food stamp cases, a petitioner may request and is entitled to receive a postponement of the scheduled hearing of up to 30 days.
(5) The parties may be directed by the administrative law judge to appear at a conference or to participate in a telephone conference to consider how issues might be clarified or simplified, whether facts or documents which may be admitted which will avoid unnecessary proof, or any other matter that may aid in the disposition of the appeal.
(6) The petitioner or petitioner's representative shall have an opportunity to do all of the following:
(a) Examine at a reasonable time before the date of the hearing and during the hearing all documents and records to be used or that are used at the hearing, and the content of the applicant's or recipient's case file, in accordance with 7 CFR 273.15(p) or 42 CFR 431.242.
(b) Present the case or have it presented by a representative.
(c) Bring witnesses.
(d) Question or refute any testimony or evidence, and confront and cross-examine adverse witnesses.
(e) Submit relevant evidence to establish all pertinent facts and circumstances in the case.
(f) Advance relevant arguments without undue interference.
(7) A hearing shall be tape-recorded by the administrative law judge.
(8) If individual issues of fact are not in material dispute and related issues of state or federal law are the sole issues being raised, the division may respond to a series of individual requests for a hearing by conducting one group hearing.

Notes

Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 3.06
Cr. Register, November, 1999, No. 527, eff. 12-1-99.

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