Section ERC 94.01 - Hearing examiners(1) DESIGNATION. Any matter to be heard by the commission may be designated for hearing by one or more commissioners or by such other persons as may be permitted by statute. Hearing examiners shall have all powers necessary to conduct commission hearings. When a hearing is conducted before the commission itself, the hearing shall be presided over by the chairperson or, in the chairperson's absence, by another commissioner designated by the commission.(2) LIMITATION AGAINST FINAL DISPOSITION. Notwithstanding sub. (1), no hearing examiner shall decide any motion which would require final disposition of any case except when the commission has by order directed that the hearing examiner's decision shall be the final decision of the commission.(3) DISQUALIFICATION. If a presiding authority is unqualified to preside for reasons of conflict of interest or personal bias, the presiding authority shall withdraw and notify the commission and the parties of the disqualification.(4) MOTIONS FOR SUBSTITUTION OR DISQUALIFICATION OF PERSONS CONDUCTING HEARINGS. If a party deems the presiding authority to be unqualified for reasons of conflict of interest or bias, the party may move in a timely manner for substitution of a different examiner or disqualification of the commissioner. The motion shall be accompanied by a written statement setting forth the basis for the motion. If a hearing examiner does not grant a motion for substitution, it shall be referred to the commission, which shall determine the sufficiency of the ground alleged.(5) UNAVAILABILITY. If the presiding authority becomes unavailable during the course of a hearing, the commission shall designate a substitute. The substitute may confer with the original presiding authority regarding the case.Wis. Admin. Code Employment Relations Commission ERC 94.01
Cr. Register, March, 1980, No. 291, eff. 4-1-80; renum. from PC 3.01 and am., Register, August, 1987, No. 380, eff. 9-1-87.