Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 3.11 - Costs motion

Current through March 28, 2022

(1) A petitioner may file a motion for costs under s. 227.485, Stats., with the division and the department or agency within 30 days of service of the final decision if the petitioner was the prevailing party. The petitioner need not be represented by an attorney to file a costs motion.

(2) Although no specific form or format is required, a complete costs motion shall contain an explanation of why the state agency which was the losing party was not substantially justified in taking its position, and an itemized application for fees and other expenses, including an itemized statement from any attorney or expert witness representing or appearing on behalf of the petitioner stating the actual time expended and the rate at which fees and other expenses were computed. A complete motion shall also contain an affidavit or other proof that the petitioner has federal adjusted gross income of less than $150,000 in each of the 3 calendar years or corresponding fiscal years immediately prior to the commencement of the case.

(3) The petitioner's costs may include attorney's fees and any of the following items if the item provided evidence relevant to the hearing issue on which the party prevailed:

(a) Expert witness fees.

(b) Any study, analysis, engineering report, test or project determined by the administrative law judge to be necessary for preparation of the case.

(c) Service of process on relevant witnesses.

(d) Certified copies of papers and records in any public office.

(e) Postage.

(f) Telephone, telegraph or FAX expense.

(g) Depositions of unavailable witnesses, including necessary photocopies.

(h) Plats and photographs.

(4) The department or agency may respond in writing to the administrative law judge within 15 days of its receipt of a complete costs motion. If the petitioner's costs motion contains a request for expert witness fees, the response shall indicate the highest rate of compensation paid by the agency or department to an expert witness in the case.

(5) The administrative law judge may deny a costs motion that is not complete.

(6) The administrative law judge shall prepare a written proposed decision which denies or awards some or all of the requested costs. That proposed decision shall be forwarded by the division to the department for issuance of a final decision.

Notes

Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 3.11

Cr. Register, November, 1999, No. 527, eff. 12-1-99.