227.18 Conduct of hearings.
(1) An agency shall hold a public hearing at the date, time and place designated in the notice of hearing. The person conducting the hearing shall:
(a) Explain the purpose of the hearing and describe how testimony will be received.
(b) At the beginning of the hearing, present a summary of the factual information on which the proposed rule is based, including any information obtained from an advisory committee, informal conference or consultation.
(c) Afford each interested person or a representative the opportunity to present facts, opinions or arguments in writing, whether or not there is an opportunity to present them orally.
(d) Keep a record of the hearing in a manner the agency considers desirable and feasible.
(2) The person conducting the hearing may:
(a) Limit oral presentations if the hearing would be unduly lengthened by repetitious testimony.
(b) Question or allow others present to question the persons appearing.
(c) Administer an oath or affirmation to any person appearing.
(d) Continue or postpone the hearing to a specified date, time and place.
(3)
(a) If the agency officer or a quorum of the board or commission responsible for promulgating the proposed rule is not present at the hearing, the procedures in this subsection apply.
(b) At the beginning of the hearing, the person conducting it shall inform those present that any person who presents testimony at the hearing may present his or her argument to the agency officer, board or commission prior to promulgation of the proposed rule if the request to do so is made in writing at the hearing.
(c) If required by the agency officer, board or commission, an argument shall be presented to the agency in writing. If oral arguments are permitted, the agency officer, board or commission may impose reasonable limitations on the length and number of appearances to conserve time and preclude undue repetition.
(d) If a record of the hearing has been made, arguments before the agency officer, board or commission shall be limited to the record of the hearing.
(4) The procedures required by this section do not supersede procedures required by any statute relating to a specific agency or to the rule or class of rules under consideration.
History: 1985 a. 182.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 227 - Administrative procedure and review.
227.02 - Compliance with other statutes.
227.03 - Application of this chapter.
227.04 - Considerations for small business.
227.10 - Statements of policy and interpretations of law; discrimination prohibited.
227.11 - Agency rule-making authority.
227.111 - Rule-making authority of certain agencies.
227.113 - Incorporation of local, comprehensive planning goals.
227.114 - Rule making; considerations for small business.
227.115 - Review of rules affecting housing.
227.116 - Rules to include time period.
227.117 - Review of rules impacting energy availability.
227.13 - Advisory committees and informal consultations.
227.135 - Statements of scope of proposed rules.
227.136 - Preliminary public hearing and comment period.
227.137 - Economic impact analyses of proposed rules.
227.138 - Retrospective economic impact analyses for rules.
227.139 - Passage of bill required for certain rules.
227.14 - Preparation of proposed rules.
227.15 - Legislative council staff.
227.16 - When hearings required.
227.185 - Approval by governor.
227.19 - Legislative review prior to promulgation.
227.21 - Publication of rules; incorporation by reference.
227.22 - Effective date of rules.
227.24 - Emergency rules; exemptions.
227.25 - Legislative reference bureau.
227.26 - Legislative review after promulgation; joint committee for review of administrative rules.
227.265 - Repeal or modification of rules.
227.27 - Construction of administrative rules.
227.29 - Agency review of rules and enactments.
227.30 - Review of administrative rules or guidelines.
227.40 - Declaratory judgment proceedings.
227.43 - Division of hearings and appeals.
227.44 - Contested cases; notice; parties; hearing; records.
227.445 - Substitution of hearing examiner assigned by division of hearings and appeals.
227.45 - Evidence and official notice.
227.46 - Hearing examiners; examination of evidence by agency.
227.483 - Costs upon frivolous claims.
227.485 - Costs to certain prevailing parties.
227.49 - Petitions for rehearing in contested cases.
227.50 - Ex parte communications in contested cases.
227.52 - Judicial review; decisions reviewable.
227.53 - Parties and proceedings for review.
227.56 - Additional evidence; trial; motion to dismiss; amending petition.
227.59 - Certification of certain cases from the circuit court of Dane County to other circuits.