Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 3.08 - Administrative law judge

Current through March 28, 2022

(1) An administrative law judge may do all of the following:
(a) Administer oaths and affirmations.
(b) Rule on offers of proof, accept relevant evidence and exclude from the record evidence that is irrelevant or repetitious.
(c) 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 conduct.
(f) Admit into evidence a deposition as a substitute for testimony, but only when the witness is unavailable as defined in s. 908.04, Stats. Depositions sought by the parties for the purpose of discovery are not authorized by this provision.
(g) 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 limitations.
(h) Exercise 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 record.
(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.

Notes

Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 3.08
Cr. Register, November, 1999, No. 527, eff. 12-1-99.

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