An administrative law judge may do all of
(a) Administer oaths and
(b) Rule on offers of
proof, accept relevant evidence and exclude from the record evidence that is
irrelevant or repetitious.
Dispose of procedural requests or similar matters.
(d) Regulate the conduct and course of the
hearing consistent with due process to ensure an orderly hearing.
(e) Exclude individuals from the hearing,
adjourn the hearing or otherwise reasonably respond to contemptuous
(f) Admit into evidence a
deposition as a substitute for testimony, but only when the witness is
unavailable as defined in s.
Stats. Depositions sought by the parties for the purpose of discovery are not
authorized by this provision.
Exclude individuals from the hearing to preserve the applicant's or recipient's
confidentiality or where an individual's presence is not considered essential,
depending on the circumstances of the case including space
discretion in excluding cameras from the hearing room.
(2) An administrative law judge may at any
time disqualify himself or herself. On the filing in good faith of a timely and
sufficient affidavit of personal bias or other disqualification of an
administrative law judge, the division or administrative law judge shall
determine the matter as part of the record and decision in the case.
(3) The administrative law judge may grant a
continuance or additional time to present evidence once a hearing has started
when the administrative law judge finds it necessary to the proceeding or to
ensure that the petitioner is given a complete and fair hearing.
(4) If the hearing in a medicaid case
involves medical issues such as those concerning a diagnosis or an examining
physician's report and if the administrative law judge considers it necessary
to have a medical assessment other than the one considered in making the
original decision, the administrative law judge may order a new assessment to
be obtained at department or agency expense and made a part of the
(5) The administrative law
judge may access and use information concerning the petitioner's case history,
benefit issuance history, calculations and notice history which is in the
departments' official computer systems, such as, but not limited to, the Client
Assistance for Reemployment and Economic Support (CARES) system except that
such information may not be used for the determination of substantive fact as
to any issue in dispute.