Section 48.54. Hearing on compliance order.

 

(1)   Request for hearing. A person adversely affected by an order under s. ATCP 48.52 may request a hearing before the department to contest the order. A request may be made orally, but the department may require the requester to confirm the request in writing. A request for hearing does not automatically stay an order issued under s. ATCP 48.52 .

(2)   Informal hearing.

(a) The department shall hold an informal hearing as soon as reasonably possible after it receives an oral or written hearing request under sub. (1) , but not more than 10 days after it receives the request, unless the requester agrees to a later date for an informal hearing.

(b) The person presiding at an informal hearing under par. (a) shall be a department employee or official who was not personally involved in the investigation or decision to issue the order under s. ATCP 48.52 , and who is authorized to withdraw or modify the order as necessary. The informal hearing shall be held by telephone or at a location determined by the department.

(c) Within 2 business days after the conclusion of the informal hearing, the presiding officer under par. (b) shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of the memorandum shall be provided to the person requesting the hearing. The memorandum shall include a notice of a person's right to request a formal contested case hearing under sub. (3) .

(3)   Formal hearing. If a contest related to an order under s. ATCP 48.52 is not resolved after an informal hearing under sub. (2) , the person adversely affected by the department's order may request a full contested case hearing on the order. The contested case proceeding shall comply with ch. 227 , Stats. , and ch. ATCP 1 .

Cr. Register, June, 1995, No. 474 , eff. 7-1-95.