Section 79.09. Appeals of actions by the department.

 

(1)  

(a) Except as provided in sub. (2) or (3) , a request for a hearing to contest the denial of a permit, a voided permit, suspension, revocation, forfeiture, or the issuance of an order under s. ATCP 79.07 (2) shall be submitted in writing to, and be received by, the department of administration's division of hearings and appeals within 15 calendar days after the date of the department's action.

(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.

(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.

(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.

(e) As a condition for requesting a hearing to appeal the voiding of a permit, an applicant or operator shall comply with sub. (3) . In an appeal concerning voiding a permit, the burden is on the applicant or operator to show that all the applicable fees, late fees and processing charges have been paid.

(2)  A request for hearing to contest a temporary order given by the department under s. ATCP 79.07 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the operator agree to a later date, the immediate danger to health is removed, the order is not contested or the operator and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s. 227.47 , Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:

(a) Changes to or replacement of equipment or construction.

(b) Changes in or cessations of any operation or method of operation of the equipment or premises.

(3)  If the department voids a permit for failure to pay fees under s. ATCP 79.05 (6) , the operator shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.

CR 15-001 : cr. Register October 2015 No. 718 , eff. 2-1-16; renum. from DHS 178.09 Register June 2016 No. 726 ; correction in (1) (a), (2) (intro.), (3) made under s. 13.92 (4) (b) 7. , Stats., Register June 2016 No. 726 .

Note

Effective 7-1-16, pursuant to 2015 Wis. Act 55 and s. 227.43(1m) , Stats., a request for hearing shall be submitted to the DATCP Secretary via e-mail at [e-mail] , faxed to [phone], mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. Microsoft Windows NT 6.1.7601 Service Pack 1 A request for hearing, under sub. (2), shall be submitted to the DATCP Secretary via e-mail at [e-mail] , faxed to [phone], mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. The hearing may be conducted by the department secretary or designee. Microsoft Windows NT 6.1.7601 Service Pack 1