Section 82.75. Appeal procedure.

 

(1)  Any business, financial adviser, or investment firm which has been denied certification, certification renewal, or recertification, or which has been decertified, may submit a written request for a formal hearing under s. 227.42 , Stats. The request shall be submitted to the department within 60 calendar days of the mailing date of the department's notification. The request shall set forth the grounds on which the business, financial adviser, or investment firm believes the decision is in error, and shall include any additional information that the business, financial adviser, or investment firm has to offer. The business, financial adviser, or investment firm shall submit the request for the formal hearing to the Office of the Secretary, Department of Administration.

(2)  The department shall schedule the formal hearing and shall send a written notice of the scheduled hearing to all interested parties at least 10 calendar days prior to the hearing date. The notice shall specify the date, time and location of the hearing. Interested parties shall include all persons who signed the application for certification or recertification.

(3)  The hearing shall be conducted pursuant to ss. 227.43 to 227.51 , Stats. Both the business, financial adviser, or investment firm and the department may present evidence, subpoena witnesses and records, and cross-examine witnesses. The business, financial adviser, or investment firm and the department may be represented by counsel.

(4)  Within 20 business days after the conclusion of the hearing, the department shall make a decision based on findings of fact and conclusions of law, except as provided in sub. (5) .

(5)  The secretary may delegate the authority to make the final decision to the hearing examiner of another state agency. When this authority is delegated, the hearing examiner's decision shall be the final administrative decision of the department.

(6)  Within 30 business days after the conclusion of the hearing, the department shall notify the affected business, financial adviser, or investment firm and the department of transportation of the final decision regarding certification, certification renewal, recertification or decertification.

History: EmR1041 : emerg. cr., eff. 11-14-10; CR 11-004 : cr. Register September 2011 No. 669 , eff. 10-1-11; corrections in (1), (6) made under s. 13.92 (4) (b) 6. , Stats., Register September 2011 No. 669 .

Note

The mailing address for the Secretary of the Department of Administration is P.O. Box 7864, Madison, WI 53707. Microsoft Windows NT 6.1.7601 Service Pack 1 Under ch. 227 , Stats, the department may designate an official of the department or an employee on its staff or borrowed from another state agency as a hearing examiner to preside over a contested case. Microsoft Windows NT 6.1.7601 Service Pack 1