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STATE EX REL. ECKMANN v. DHSS

No. 82-1378.

114 Wis.2d 35 (1983)

337 N.W.2d 840

STATE EX REL. James ECKMANN, Petitioner-Appellant v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, Respondent.

Court of Appeals of Wisconsin.

Decided June 7, 1983.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the brief of Thomas K. Voss of Milwaukee.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Pamela Magee-Heilprin, assistant attorney general.

Before Scott, C.J., Brown and Wedemeyer, JJ.

BROWN, J.

In this probation revocation case, the petitioner's more compelling argument is that although the secretary of the Department of Health and Social Services may reverse a hearing examiner when credibility is at issue, such reversal may occur only after consultation with the examiner about witness demeanor or after a written synopsis on demeanor is filed by the examiner. We believe the supreme court has already answered the question in the negative. After...

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