(1) The tape recording of the hearing, the
exhibits, papers and requests filed in the proceeding and matters of which the
administrative law judge has taken official notice shall constitute the
exclusive record for decision.
The decision shall be in writing in the name of the department by the
department secretary or a designee such as an administrative law judge in the
(3) The decision shall
set forth the names and addresses of all persons who appeared before the
division in the proceeding who are considered parties for purposes of judicial
review, the issue or issues, the principal relevant facts elicited at the
hearing, the reasoning that led to the decision, citation of legal authority,
the action taken and the parties' appeal rights. These elements shall be
grouped under appropriate headings such as preliminary recitals, findings of
fact, discussion, conclusions of law and the order.
(4) Unless a different standard is provided
by law, the standard for decision shall be by a preponderance of the credible
(5) Where necessary and
appropriate, an interim decision may be issued, where a final decision
dispositive of the merits of the case is not possible.
(6) A copy of the decision shall be mailed to
the petitioner, the petitioner's representative, if any, and the agency or the
department organizational unit charged with the administration of the
assistance or services involved. The petitioner's mailing address shall be the
address given for the petitioner on the hearing request, unless the petitioner
has notified the division of another address in writing or placed it on the
(7) The decision
shall include the names and addresses of the petitioner and the department or
agency. The division shall serve a copy of the decision on each party. The
decision is served on a party as of the date it is mailed by the
(8) The petitioner may
request a copy of the audio cassette tape recording of the hearing. The
division shall furnish the requested recording upon receipt of payment for the
cost of duplication and mailing. A written transcript of the hearing shall be
prepared only if an appeal is filed with a circuit court pursuant to s.
Stats. If the petitioner requests a written copy of that transcript following
the filing of that appeal, the division may impose a reasonable charge per
(a) Except for a proposed decision under par.
(b), or by order in a specific case, the decision of the administrative law
judge shall be the final decision of the department in proceedings under this
The administrative law
judge shall submit a proposed decision to the secretary or designee for
decision in any of the following circumstances:
1. The decision holds that a manual or
handbook provision, contract provision, state plan provision, numbered memo
administrative directive or other official document is invalid or limited under
a statute, administrative rule or federal regulation.
2. The department has not delegated final
decision making authority to the division.
(10) When a proposed decision rather than a
final decision is issued, the petitioner and the agency or department may file
written comments with the division within 15 days from the date of service of
the decision. This period may be extended for 10 days upon request of either
party. At the close of the comment period, the proposed decision and comments
shall be forwarded by the division to the secretary for issuance of a final
(11) The division shall
ensure that decisions for medicaid are issued in a timely manner so that final
administrative action may be taken within 90 days from the date of filing of
the hearing request, and that decisions for food stamps are issued within 60
days from the date of filing of the hearing request.
(12) When a petition for review is dismissed
in its entirety, final administrative action is taken on the date the division
mails the decision to the petitioner.
(13) A final decision is binding upon the
department and agency involved and may be enforced by appropriate legal and
fiscal sanctions. The agency involved shall implement any food stamp decision
within 10 days after the date of the decision.