Section NR 2.135 - Conduct of noncontested case hearings(1) NOTICE. At least 10 days notice shall be given of the time, date and place of a noncontested case hearing.(2) PROCEDURE. (a) The presiding officer will open the hearing and make a concise statement of its scope and purposes. Appearances may be entered on the record. Any person may participate in any department noncontested case hearing. Any person desiring to participate in a department noncontested case hearing, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address, the name and address of any person being represented, and the capacity in which he or she is representing the person. The hearing may be recorded by use of an electronic recording device.(b) Persons entering an appearance may make statements, offer evidence or ask questions concerning the matter being heard. Statements need not be made under oath unless required by the department. Cross-examination of those who speak is not permitted, but clarifying questions of those who speak may be allowed by the presiding officer. The presiding officer shall determine the order in which people may speak, and may continue the hearing on another date or limit the length of the presentations if it appears there will not be enough time for all who wish to speak, or if the presentations are unduly repetitious.(c) Statements may be submitted in oral or written form. Any person may submit a written statement within the time period allowed by the presiding officer.(4) TRANSCRIPTS. Typed transcripts of noncontested case hearings will be prepared upon request and receipt of payment. The person requesting the transcript is responsible for all reasonable costs incurred by the department in transcribing the record and preparing the transcript. If more than one person requests a transcript, the department may divide the costs of preparation equally among all such persons. In lieu of a typed transcript, the department may provide any person requesting a transcript with a copy of the tape recording of the hearing, or other record if not recorded on an electronic recording device, upon payment of a reasonable fee.(5) APPLICABILITY. The procedures in this section govern all noncontested case hearings held by the department, except rules hearings, which shall be conducted in accordance with s. 227.18, Stats. This section is applicable to hearings on environmental impact statements, unless it conflicts with the requirements of s. NR 2.085 or ch. NR 150.Wis. Admin. Code Department of Natural Resources NR 2.135
Cr. Register, March, 1984, No. 339, eff. 4-1-84; corrections in (3) (intro.) and (5) made under s. 13.93(2m) (b) 7, Stats., Register, January, 1987, No. 373; correction in (3) made under s. 13.93(2m) (b) 1, Stats., Register, October, 1999, No. 526; CR 02-046: am. (2) (a) and (b) and (5), r. (3) Register September 2004 No. 585, eff. 10-1-04.