Section ATCP 1.11 - Failure to appear, answer or comply with administrative law judge's order(1) SANCTIONS AGAINST DISOBEDIENT PARTY. If a party, without reasonable excuse, fails to file an answer or pleading as required by s. ATCP 1.21, fails to make a required appearance in a proceeding, fails to disclose witnesses or evidence under s. ATCP 1.23(3), fails to comply with a subpoena or order issued by the administrative law judge, or fails to comply with the provisions of this chapter, the administrative law judge may take any of the following actions which the administrative law judge considers just in relation to the disobedient party's failure: (a) Accept an opposing party's allegations as true, and issue a decision and order in the case based on those allegations.(b) Adopt an opposing party's proposed findings of fact, conclusions of law and order as the administrative law judge's findings of fact, conclusions of law and order.(c) By order, disqualify the disobedient party from further participation in the proceedings.(d) By order, stay further proceedings until the disobedient party cures the failure.(e) By order, prohibit the disobedient party from arguing designated issues or introducing designated matters in evidence.(f) By order, dismiss the proceeding, or any part of the proceeding, if the proceeding was initiated at the request of the disobedient party. Note: A person who, in willful violation of a department subpoena or order, fails to appear as a witness or fails to produce evidence in a contested case proceeding, may be coerced as provided in ss. 93.14(3) and 885.12, Stats., or may be subject to criminal penalties as provided under s. 93.21(4), Stats.
(2) NOTICE; OPPORTUNITY TO CONTEST.(a) Before issuing an order under sub. (1), the administrative law judge shall mail a copy of the proposed order to the disobedient party, and shall give the disobedient party not less than 10 days to show cause why the proposed order should not be issued. This paragraph does not apply to proposed orders issued under par. (b). (b) If the administrative law judge is not the final decisionmaker, and if an order under sub. (1) would constitute a final order in the contested case, the administrative law judge shall issue the order as a proposed order under s. ATCP 1.30. The final decisionmaker shall issue any final order under s. ATCP 1.31 after the final decisionmaker considers objections to the proposed order under s. ATCP 1.30(2). An order dismissing any party, proceeding or cause of action is a final order under this paragraph. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 1.11
Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (intro.) and (2) (a) and (b), Register, June, 1999, No. 522, eff. 7-1-99; CR 09-054: am. (title), renum. (1) (b) to (e) to be (1) (c) to (f), cr. (1) (b) Register December 2010 No. 660, eff. 1-1-11.