Wis. Admin. Code Office of the Commissioner of Insurance Ins 5.45

Current through October 28, 2024

Section Ins 5.45 - Final decision

(1) FINAL DECISION MAKER.

(a) If the proceeding arises under ch. Ins 17 or a petition for a declaratory ruling under s. 619.04, Stats., or ch. 655, Stats., the PCF board shall be the final decision maker unless the PCF board directs that the administrative law judge's decision shall be final.

(c) In any other case, the commissioner shall be the final decision maker unless the commissioner directs that the administrative law judge's decision shall be final.

(2) CONTENTS; NOTICE OF RIGHTS. The final decision maker, after considering any proposed decision and objections under s. Ins 5.43, shall issue the final decision in a contested case. The final decision shall include findings of fact, conclusions of law, an order, the notice required under s. 227.48, Stats., and a copy of the relevant statutory provisions. If the final decision varies from the administrative law judge's proposed decision, the final decision shall explain the reasons for the variation.

(3) ADMINISTRATIVE LAW JUDGE AS FINAL DECISION MAKER. If the administrative law judge is designated as the final decision maker, the administrative law judge may issue a final decision under sub. (1) without first issuing a proposed decision under s. Ins 5.43, except as provided in s. Ins 5.21(2).

(4) PARTIES FOR REVIEW.

(a) Each of the following, unless dismissed as a party by the administrative law judge, is a party under s. 227.47, Stats., for purposes of review under s. 227.53, Stats.:

1. The office, if it participated in the proceeding as a party.

2. The petitioner, if any.

3. Each respondent.

4. Any person permitted to intervene by the administrative law judge.

(b) The administrative law judge shall prepare a list of persons who are parties for purposes of review under s. 227.47, Stats., and shall include in the proposed decision the name and address of each person on the list. In determining the parties in addition to those specified in par. (a), the administrative law judge shall consider all of the following criteria:

1. The nature of the proceeding.

2. The persons affected by the decision and the extent of that effect.

3. The nature of the participation by those involved in the proceeding, including attendance at hearings, cross-examination of witnesses and submission of briefs.

(c) Each person listed as a party under par. (b) shall be served with the final decision and any posthearing motion or petition for rehearing, reopening or judicial review, submitted by any party after service of the final decision, and with any correspondence or other document directly related to the hearing or decision.

Wis. Admin. Code Office of the Commissioner of Insurance Ins 5.45

Cr. Register, March, 1996, No. 483, eff. 4-1-96; correction in (1) (b) made under s. 13.93(2m) (b) 7, Stats., Register June 2005 No. 594.

Amended by, CR 17-015: r. (1) (b) Register December 2017 No. 744, eff. 1/1/2018