Wis. Admin. Code Personnel Commission PC 1.08 - Motions

(1) HOW MADE. An application to the hearing examiner or the commission for an order shall be by motion which, unless made during a hearing or a prehearing conference, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

(2) SUPPORTING PAPERS. Any briefs or other papers in support of a motion, including affidavits and documentary evidence, shall be filed with the motion.

(3) MOTIONS TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION. Any party may move at any time to dismiss a case on the ground the commission does not have subject matter jurisdiction. The commission may raise issues on its own motion relating to its jurisdiction to hear the matter or some matter raised in an appeal or complaint. Each party shall be afforded an opportunity to file written arguments regarding the motion.

Notes

Wis. Admin. Code Personnel Commission PC 1.08

Cr. Register, March, 1980, No. 291, eff. 4-1-80; renum. from PC 1.03 and am. Register, August, 1987, No. 380, eff. 9-1-87; am. (3), Register, May, 1996, No. 485, eff. 6-1-96.

Because a case will normally be dismissed if a jurisdictional objection is sustained, any motion to dismiss due to lack of subject matter jurisdiction should be filed as soon as the basis for it becomes apparent.