Section 83.75. Appeal procedure.

 

(1)  Any business 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 received by the department within 30 calendar days of the mailing date of the administrator's notification. The request shall set forth the grounds on which the business believes the decision is in error, and shall include any additional information that the business has to offer. The business shall submit the request for the formal hearing to the Office of the Secretary, Department of Administration, P.O. Box 7864, Madison, WI 53707. The business shall simultaneously file a copy of the request with the office.

(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 and the department may present evidence, subpoena witnesses and records, and cross-examine witnesses. The business 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 and the departments of administration and transportation of the final decision regarding certification, certification renewal, recertification or decertification.

History: CR 06-113 : cr. Register May 2007 No. 617 , eff. 6-1-07; correction in (1) made under s. 13.92 (4) (b) 6. , Stats., Register December 2011 No. 672 .

Note

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