1. (1) General. The final decisionmaker, after considering any proposed decision and objections under s. ATCP 1.30, shall issue the final decision in a contested case. The final decision shall include findings of fact, conclusions of law and an order.

2. (2) Administrative law judge as final decisionmaker. If the administrative law judge is also the final decisionmaker, the administrative law judge may do either of the following:

   1. (a) Issue a proposed decision under s. ATCP 1.30 before issuing a final decision under sub. (1).
   2. (b) Issue a final decision under sub. (1) without first issuing a proposed decision under s. ATCP 1.30.
3. (3) Identification of parties; service on parties. The department shall mail or deliver a copy of the final decision to every party in a contested case. The name and address of every party shall be included with the final decision.
4. (4) Variance from proposed decision. If the final decision varies from the administrative law judge’s proposed decision, the final decision shall explain the reasons for the variation.

5. (5) Petition for rehearing or judicial review; notice of rights. The following statement, or its equivalent, shall be included with the final decision pursuant to s. 227.48, Stats.:

   “A party adversely affected by this final decision may file a written petition for rehearing under s. 227.49, Stats., within 20 days after he or she is served with the decision under s. 227.48. A petition for rehearing, if any, shall specify in detail the grounds for rehearing.

   A party adversely affected by this final decision may also seek judicial review under ss. 227.52 and 227.53, Stats., by filing a petition for judicial review within 30 days after he or she is served with the decision under s. 227.48. In any petition for judicial review, the Wisconsin Department of Agriculture, Trade and Consumer Protection shall be named as the respondent.”

6. (6) Motion for costs and attorneys fees; notice of rights. If a prevailing party in a contested case may be entitled to costs and attorneys fees under s. 227.485, Stats., the final decision shall include notice of the procedure for requesting an award of costs and attorneys fees under s. ATCP 1.32.

History

History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (2) and (4), Register, June, 1999, No. 522, eff. 7-1-99; CR 01-028: r. and recr. (2), Register September 2001 No. 549, eff. 10-1-01.