2013 WISCONSIN ACT
28
An Act
to renumber and amend
227.50 (1) (c), 227.50 (1) (d) and 227.50 (1) (e);
to consolidate, renumber and amend
227.50 (1) (a) 1. and (b);
to amend
227.50 (1) (a) (intro.); and
to create
227.50 (1) (am) 4. of the statutes;
relating to:
ex parte communications in contested cases before the Public Service Commission.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
227.50 (1) (a) (intro.) of the statutes is amended to read:
227.50
(1)
(a) (intro.)
In
Except as provided in par. (am), in
a contested case, no ex parte communication relative to the merits or a threat or offer of reward shall be made, before a decision is rendered, to the hearing examiner or any other official or employee of the agency who is involved in the decision-making process, by
any of the following
:
Section
2
.
227.50 (1) (a) 1. and (b) of the statutes are consolidated, renumbered 227.50 (1) (a) 1m. and amended to read:
227.50
(1)
(a) 1m. An official of the agency or any other public employee or official engaged in prosecution or advocacy in connection with the matter under consideration or a factually related matter
; or (b) Paragraph (a) 1.
. This subdivision
does not apply to an advisory staff which does not participate in the proceeding.
Section
3
.
227.50 (1) (am) 4. of the statutes is created to read:
227.50
(1)
(am) 4. In a contested case before the public service commission, an ex parte communication by or to any official or employee of the commission other than the hearing examiner or a commissioner.
Section
4
.
227.50 (1) (c) of the statutes is renumbered 227.50 (1) (am) (intro.) and amended to read:
227.50
(1)
(am) (intro.)
This subsection
Paragraph (a)
does not apply to
an
any of the following:
1. An
ex parte communication which is authorized or required by statute.
Section
5
.
227.50 (1) (d) of the statutes is renumbered 227.50 (1) (am) 2. and amended to read:
227.50
(1)
(am) 2.
This subsection does not apply to an
An
ex parte communication by an official or employee of an agency which is conducting a class 1 proceeding.
Section
6
.
227.50 (1) (e) of the statutes is renumbered 227.50 (1) (am) 3. and amended to read:
227.50
(1)
(am) 3.
This subsection does not apply to any
Any
communication made to an agency in response to a request by the agency for information required in the ordinary course of its regulatory functions by rule of the agency.
Section
7
.
Initial applicability.
(1) This act first applies to ex parte communications made on the effective date of this subsection.
