Section HA 1.17 - Decision(1) FORM. After the record is closed in each proceeding the administrative law judge shall prepare written findings of fact, conclusions of law and, except in the case of proceedings under s. 227.46(3) (b), Stats., either a proposed or a final decision. The decision shall be in accordance with the provisions of ss. 227.46 and 227.47, Stats.(2) BURDEN OF PROOF. Unless the law provides for a different standard, the quantum of evidence for a hearing decision shall be by the preponderance of the evidence.(3) COMMENTS ON PROPOSED DECISIONS. Where a proposed decision is prepared and circulated, comments shall be filed within 15 days of service of the decision unless the administrative law judge or the administrator specifies a different period. An interim decision may be issued as a proposed decision.(4) EFFECT OF DECISION. Except as provided in s. 227.43(1) (bg), Stats., an agency may, by administrative code provision or by order in a particular case or category of cases, direct that a decision of the division is to be issued as a final decision, in which case the decision is a final decision of the agency. If the agency does not direct that the decision in a case or category of cases is to be issued as a final decision, the administrative law judge shall issue a proposed decision to the official of the agency.(5) PARTIES. The administrative law judge shall prepare a list of persons who are parties to the proceeding and include the list in the decision. For purposes of identifying parties to the proceeding under s. 227.47, Stats., and this section, the administrative law judge shall consider the following criteria: (a) The nature of the agency proceeding;(b) the persons on whom the decision will have an effect and the amount of the impact;(c) the nature of the participation by those involved in the proceeding, including attendance at hearings, cross-examination of witnesses, and submission of briefs.(6) SERVICE. Every decision shall be served, on the date of its signature, upon each party to the proceeding or upon the party's attorney of record.(7) ACTIVITIES AFTER DECISION. Person identified as parties shall be served with post hearing motions, correspondence and other documents submitted by any party after issuance of the decision and directly relating to the case. These persons shall also be served with petitions for rehearing and reopening as well as with petitions for administrative and judicial review.Wis. Admin. Code Department of Administration-Division of Hearings and Appeals HA 1.17
CR 02-024: cr. Register December 2002 No. 564, eff. 1-1-03.