Section SPS 1.09 - Conduct of hearing(1) RECORD. A stenographic, electronic or other record shall be made of all hearings in which the testimony of witnesses is offered as evidence, and of other oral proceedings when requested by a party.(2) ADJOURNMENTS. The presiding officer may, for good cause, grant continuances, adjournments and extensions of time.(3) SUBPOENAS. (a) Subpoenas for the attendance of any witness at a hearing in the proceeding may be issued in accordance with s. 227.45(6m), Stats.(b) A presiding officer may issue protective orders according to the provisions of s. 805.07, Stats.(4) MOTIONS. All motions, except those made at hearing, shall be in writing, filed with the presiding officer and a copy served upon the opposing party not later than 5 days before the time specified for hearing the motion.(4m) SUMMARY JUDGEMENT. The parties may use the summary judgment procedure provided in s. 802.08, Stats.(5) EVIDENCE. The credentialing authority, the office of examinations and the applicant shall have the right to appear in person or by counsel, to call, examine and cross-examine witnesses and to introduce evidence into the record. If the applicant submits evidence of eligibility for a credential which was not submitted to the credentialing authority prior to denial of the application, the presiding officer may request the credentialing authority to reconsider the application and the evidence of eligibility not previously considered.(5m) CONFIDENTIALITY OF EXAMINATION RECORDS. The presiding officer shall take appropriate precautions to preserve examination security in conjunction with the conduct of a hearing held pursuant to this section.(6) BRIEFS. The presiding officer may require the filing of briefs.(7) LOCATION OF HEARING. All hearings shall be held at the offices of the department in Madison unless the presiding officer determines that the health or safety of a witness or of a party or an emergency requires that a hearing be held elsewhere.Wis. Admin. Code Department of Safety and Professional Services SPS 1.09
Cr., Register, July, 1996, No. 487, eff. 8-1-96; CR 05-050: am. (5), cr. (5m) Register January 2006 No. 601, eff. 2-1-06; CR 14-019: cr. (4m) Register August 2014 No. 704, eff. 9-1-14.