Section NR 2.13 - Conduct of contested case hearings(1) PROCEDURE. The administrative law judge shall open the hearing and make a concise statement of its scope and purposes. Appearances shall be entered on the record. The administrative law judge then shall state the issues in the proceedings. Thereafter, parties may make opening statements. Persons who are not identified as parties by the department or the administrative law judge at any prehearing conference for which notice was provided under s. NR 2.08(5) may participate in the contested case hearing but may not examine or cross examine witnesses at the hearing unless otherwise ordered by the department or the administrative law judge.(2) OPENING STATEMENTS. When opening statements are made they shall be confined to: (a) A brief summary or outline in clear and concise form of the evidence intended to be offered; and(b) A statement of ultimate legal points relied upon.(3) ORDER OF PROCEEDING AND BURDEN OF PROOF. Unless otherwise ordered by the administrative law judge: (a) In proceedings where the department has issued an order or proposed order and the order recipient requests a hearing on the matter, the department shall proceed first with the presentation of evidence and shall have the burden of proof.(b) In proceedings in which a person has been granted a review hearing under s. 227.42, 283.63 or 285.81, Stats., or in which persons have filed a complaint under s. 299.91, Stats., those persons shall proceed first with the presentation of evidence and shall have the burden of proof.(c) Notwithstanding par. (b), in a de novo proceeding under a statute other than s. 283.63, 285.81 or 299.91, Stats., involving issuance of a license, permit or approval, the applicant for the license, permit or approval shall proceed first with the presentation of evidence and shall have the burden of proof.(d) In all other proceedings not identified in pars. (a) to (c), the administrative law judge shall determine the order of proceeding and who has the burden of proof.(4) OFF RECORD. Proceedings may be conducted off the record only when the administrative law judge permits. If a discussion off the record is deemed pertinent by the administrative law judge, the judge may summarize it on the record.(5) OBJECTIONS TO EVIDENCE. Any argument before the administrative law judge on objections to receipt of evidence or on motions to strike will be recorded and parties will be afforded the opportunity to make an offer of proof.(6) CONTEMPT. Contemptuous conduct at a hearing may be grounds for exclusion from the hearing or such other remedy as the administrative law judge shall impose by law.Wis. Admin. Code Department of Natural Resources NR 2.13
Cr. Register, March, 1973, No. 207, eff. 4-1-73; r. and recr. (3), Register, June, 1979, No. 282, eff. 7-1-79; am. (1), r. and recr. (3), Register, March, 1984, No. 339, eff. 4-1-84; correction in (3) (b) made under s. 13.93(2m) (b) 7, Stats., Register, January, 1987, No. 373; correction in (3) (b) made under s. 13.93(2m) (b) 7, Stats., Register, October, 1999, No. 526; CR 02-046: am. (1), (3) (b), and (4) to (6), cr. (3) (intro.), (c) and (d) Register September 2004 No. 585, eff. 10-1-04.