Section 2.20. Review of contested case decision.

 

(1)   Filing. Any party to a contested case who is adversely affected by a final decision rendered after a contested case hearing on the matter may, within 20 days after issuance of the decision, file a written petition for review by the secretary or the secretary's designee. The petition shall specify in detail the grounds for the review, the relief which petitioner seeks and citation to supporting authorities which petitioner believes aids petitioner's case. The secretary may not delegate the review to anyone who has had prior involvement in either the hearing or decision-making process.

(2)   Service. The petition for review under this section shall be served on the secretary as provided for in s. NR 2.03 . Copies of the petition for review shall be served by regular mail upon the administrative law judge and upon all parties to the action.

(3)   Decision. Within 14 days of the receipt of the petition, the secretary shall decide whether or not to grant the requested review. If the secretary decides to grant the review, the secretary may order the filing of briefs, presentation of oral argument, or a rehearing of all or part of the evidence presented at the original public hearing, or any combination thereof.

(4)   Appeal. A petition for review pursuant to this section is not a prerequisite for appeal or review under ss. 227.52 to 227.53 , Stats.

(5)   Suspension of decisions. The filing of a petition for review under this section does not suspend or delay the effective date of a decision, and the decision shall take effect on the date of the decision unless another date is set by the department or the administrative law judge, and shall continue in effect unless provisions of the decision are specifically suspended or delayed by the secretary in writing. Petition for suspension of the effective date of a decision shall be clearly specified in the petition for review under this section.

(6)   Effect on judicial review. An action pending under this section does not in any manner affect or extend the time limits for filing actions in circuit court for review under ss. 227.52 and 227.53 , Stats.

History: Cr. Register, February, 1976, No. 242 , eff. 3-1-76; am. (1), (2) and (5), cr. (6), Register, March, 1984, No. 339 , eff. 4-1-84; correction in (4) and (6) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1987, No. 373 ; CR 02-046 : am. Register September 2004 No. 585 , eff. 10-1-04.