779 Miscellaneous

Sec. 227.48, Stats., provides that every decision shall include notice of any right of the parties to petition for administrative review of adverse decisions. Settlement agreements may be adverse decisions. Therefore, the Equal Rights Division should attach a notice of appeal rights to all orders in which a complaint is dismissed as a result of a settlement agreement. Fettig v. County of Fond du Lac (LIRC, 07/14/06).

Decisions by Administrative Law Judges of the Equal Rights Division are final decisions of the Department. They are reviewed by LIRC only if a petition for review is filed. Polesky v. United Brake Parts (LIRC, 08/30/96).

There is no requirement that an administrative decision be entered with exacting specificity. In particular, it is not necessary for administrative agencies to give reasons for the implied rejection of all alternatives in the evidence, as this would be too onerous a burden. This applies to credibility issues as well as other issues. A specific finding that the testimony of a party was not believed is not required. Polesky v. United Brake Parts (LIRC, 08/30/96).

It is not the Administrative Law Judge’s duty to comment on all authorities cited in the arguments of the parties. The Administrative Law Judge need not provide an elaborate opinion, so long as the findings of fact and conclusions of law are specific enough to inform the parties and the courts on appeal of the basis of the decision. Bond v. Michael’s Family Rest. (LIRC, 03/30/94).

Where the Department’s decision was made by an Administrative Law Judge other than the Administrative Law Judge who conducted the hearing, it was not necessary for the decision writer to consult with the presiding ALJ regarding his or her impressions of witness credibility because, in this case, the decision was based upon drawing inferences from the facts and not from making credibility determinations. Thwing v. Waukesha Engine Div., Dresser Indus. (LIRC, 03/07/94).

An Administrative Law Judge has no authority to alter his decision once the period for filing a petition for review from that decision has expired. However, before the deadline for the filing of a petition for review has passed, and if no petition has yet been filed, an Administrative Law Judge does have the discretion to alter his or her decision. Thus, an Administrative Law Judge does have the discretionary authority to set aside a decision on the merits and issue a dismissal based on withdrawal within the 21-day period following the issuance of the original decision on the merits if no petition for review has been filed. However, it is not enough that the request for withdrawal of the complaint be filed within the 21-day period. The Administrative Law Judge must also issue the amended decision within that time. Wuest v. Motel 6 (LIRC, 11/05/91).

An Administrative Law Judge was authorized to amend her final decision before the Respondent filed its petition for review and before the time for petitioning expired. Wood v. Purolator Courier Corp. (LIRC, 06/11/91).

Notwithstanding sec. 227.48, Stats., the Wisconsin Fair Employment Act does not require that separate copies of decisions be sent to separate parties whose mailing addresses are identical. Mundy v. Iselin Catering (LIRC, 08/08/90).

It is not improper for an Administrative Law Judge to state in his memorandum opinion that he agrees with one party's position and has accepted that party's brief in support of his decision. Richland Sch. Dist. v. DILHR (Richland Co. Cir. Ct., 04/20/90).

It would be a denial of due process if a case were decided by an Administrative Law Judge who had not presided over the hearing and the deciding judge did not have the benefit of the impressions of the presiding Administrative Law Judge, who heard the testimony, as to the demeanor of witnesses. In this case, however, the Judge who presided over the hearing prepared a memorandum which summarized her impressions of the demeanor of witnesses, which was placed in the file, and which the deciding Judge had the benefit of. Thus, there was no denial of due process. Saler v. Spencer Gifts (LIRC, 09/30/88).

The decision of the Administrative Law Judge in one Complainant's case was inconsistent with her decision in another Complainant's case against the same Respondent, but this was because the same testimony was not elicited at both hearings. Rogers v. Milwaukee County (LIRC, 09/19/88).

Where the decision was not dependent upon and was not based on any resolution of credibility or demeanor questions, the decision was not defective because it was issued by an examiner other than the examiner who presided at the hearing. Wilson v. Vollrath Co. (LIRC, 09/15/86).

An Administrative Law Judge is without authority to amend his or her decision after the time for appealing it has expired. Foster v. Crest Bldg. Maint. (LIRC, 01/30/84).

Where an examiner other than the one who held the hearing makes findings on the credibility of witnesses, that examiner should state in the record the personal impressions of the first examiner concerning witness demeanor. Muth v. LIRC (A.O. Smith) (Milwaukee Co. Cir. Ct., 07/22/83).