Section ATCP 1.13 - Documents; filing, identification and service(1) DOCKET FILE. The department shall create a docket file for every contested case. The docket file shall be captioned with the docket number and title of the case, "In the matter of ......... ". The docket file shall include the record of the case and any other material filed in connection with the case, subject to the direction of the administrative law judge or final decisionmaker.(2) DOCUMENTS CAPTIONED. Pleadings, notices, motions, briefs, stipulations, decisions, orders and other documents filed in a contested case shall, to the extent practicable, be captioned with all of the following:(a) The name of the department.(b) The title of the contested case.(c) The docket file number assigned to the contested case.(d) The name of the document.(3) FILING DEADLINES. If a party is required to file a document on or before a specified date, the party complies with the filing deadline if the party mails the document on or before the deadline date.(4) DOCUMENTS FILED BY PARTIES; SERVICE ON OTHER PARTIES. (a) Except as provided under par. (d), whenever a party files a document in a contested case, that party shall mail or deliver a copy of the document to every other party in the case.(b) By filing a document in a contested case, the filing party certifies that he or she has mailed or delivered a copy of the filed document to every other party as required by par. (a). No other affidavit of mailing or service is required. (c) If any party claims not to have received a copy of any document filed under par. (a), an affidavit of mailing constitutes presumptive proof of service. (d) Paragraphs (a) to (c) do not apply to a complaint, request for hearing, or other document filed under subch. III to initiate a contested case. Note: When the department initiates a contested case in response to a complaint, request for hearing, or other document filed under subch. III, the department provides notice to the other parties in conjunction with the department's hearing notice under s. ATCP 1.20. Accordingly, the party filing the complaint or request for hearing need not serve a copy on the other parties at the time of filing.
(5) DOCUMENTS ISSUED BY SECRETARY, FINAL DECISIONMAKER OR ADMINISTRATIVE LAW JUDGE. Whenever the secretary, final decisionmaker or administrative law judge issues a hearing notice, order, subpoena or other process in a contested case, a copy of that document shall be mailed or delivered to each party in the case. Service by mail may be proved by a signed return receipt. Proof of mailing does not constitute presumptive proof of service.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 1.13
Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1) and (5), Register, June, 1999, No. 522, eff. 7-1-99.