Wis. Admin. Code Department of Employee Trust Funds § ETF 11.09 - Proposed decision
(1) CONTENTS. The proposed decision
shall be in the same form and comply with the same standards as is
required for a final decision. If the hearing examiner concludes that
the decision may depend upon the interpretation of an ambiguous
statute, the proposed decision shall include the hearing examiner 's
basis for concluding that the statute is ambiguous as a matter of law
and a recommended interpretation giving the same weight to the
interpretations of the department, attorney general and
administrative rules as is required for a final decision. If the
proposed decision does not dispose of an issue raised by a party, the
hearing examiner shall state in the proposed decision why ch. 40,
Stats., or this chapter does not permit such a disposition.
(2) COPY TO EACH PARTY. A copy of
the proposed decision shall be mailed to each party or the party's
attorney of record, with notice of the opportunity to file an
objection and the manner and time limit for doing so.
(3) OBJECTIONS. Any party may file
a written objection to the proposed decision with the hearing
examiner within 20 days of the date of the notice of the proposed
decision. The party shall specify, in detail, the following:
(a) Each provision of the proposed
decision to which the party objects and the basis for each
objection.
(b) Each
change the party requests the board to make in the proposed decision
and the legal grounds for the change. If minor, the requested change
may be described as a specific edit to the proposed decision. If
extensive or major changes are requested, the party may attach a
draft proposed decision, clearly marked as that party's draft, to
that party's objections.
(c) Any written objections to the
proposed decision shall be included in the record of the appeal that
is forwarded to the board.
Note: The written objection shall be filed with the division of hearings and appeals at the following address: 5005 University Avenue Suite 201, P.O. Box 7875, Madison, WI 53707-7875.
(4) ARGUMENT. A party filing
objections to a proposed decision shall attach to the objections a
written copy of any argument by the party in support of the
objections. The board shall consider only written arguments, timely
filed with the objection. The board shall not entertain oral
argument.
(5) AGENDA.
Board staff shall place the appeal on the agenda for the regular
board meeting next following the expiration of the time limit for
filing objections. The appeals coordinator shall provide each board
member with a copy of the record, including the proposed decision and
the timely filed objections to the proposed decision. If board
members would have less than 7 calendar days to review the record,
proposed decision and timely objections, or the board's agenda is
already full, the appeal may instead be added to the agenda of the
subsequent regular board meeting. Nothing in this subsection shall
prevent the board from electing to hear an appeal case at a special
meeting of the board.
Notes
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