Wis. Admin. Code Department of Public Instruction § PI 1.07 - Hearings

Current through March 28, 2022

(1) WHEN HELD. The state superintendent shall conduct a hearing when required by the statute or rule under which the complaint or appeal is filed or when required under s. 227.42, Stats. The state superintendent may conduct a hearing in other matters if he or she deems it is appropriate.
(2) NOTICE. Except in case of emergency, as determined by the state superintendent, at least 10 days prior to the hearing the state superintendent shall mail to the parties, by certified mail, written notice of hearing stating the time, date and place of the hearing, the nature of the case, a general statement of the issues to be heard and the procedures to be followed. The parties may by mutual consent waive the right to notice. The state superintendent may postpone the hearing in the case of exceptional circumstances.
(3) HEARING EXAMINER. The state superintendent shall preside over the hearing or appoint a hearing examiner. The state superintendent may not appoint any person as hearing examiner who has been involved, either directly or indirectly, with the action or decision which is the subject of the complaint or appeal.
(4) CONDUCT OF HEARING.
(a) If the state superintendent determines that the matter is a contested case under s. 227.01(3), Stats., the hearing shall be conducted under procedures specified under subch. III of ch. 227, Stats., and this chapter.
(b) The hearing examiner shall have the powers specified under s. 227.46, Stats., regardless of whether the matter is being treated as a contested case under ch. 227, Stats.
(c) If the local education agency fails to appear at the hearing, the hearing examiner may proceed with the hearing.
(5) HEARING RECORD AND TRANSCRIPTS. The department shall ensure that a stenographic or electronic record of oral proceedings is made when required under ch. 227, Stats. The department shall transcribe the hearing record at the request of either party if the transcript is needed for an appeal of the decision of the state superintendent or hearing examiner. The department shall charge a reasonable fee for transcribing the hearing record unless the state superintendent determines that the party is unable to pay.
(6) NOTICES REMAIN IN EFFECT. Except as otherwise specified in the applicable decision and order, a decision and order of the state superintendent or department that is being reviewed under this chapter shall remain in effect until a final decision and order is issued under s. 227.47, Stats.

Notes

Wis. Admin. Code Department of Public Instruction § PI 1.07
Cr. Register, December, 1987, No. 384, eff. 1-1-88. Amended by, CR 17-052: am. (4) (a), (b), cr. (6) Register January 2018 No. 745, eff. 2/1/2018

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