Section 670.409. Administrative record.

 

(1)  The provisions of a preliminary determination prepared by the department under s. NR 670.406 shall be based on the administrative record which consists of the following:

(a) The application and any supporting data furnished by the applicant.

(b) Fact sheets required under s. NR 670.408 and all documents cited in the fact sheets.

(c) The environmental analysis if required by ch. NR 150 .

(d) Other documents contained in the supporting file for the preliminary determination.

(e) Any other information considered by the department.

(2)  The department shall base final license decisions under s. NR 670.415 on the administrative record which consists of the following:

(a) The administrative record for the preliminary determination in sub. (1) .

(b) The public notices.

(c) All comments and written materials received during the public comment period provided under s. NR 670.410 .

(d) The response to comments required by s. NR 670.417 and any new material placed in the record under that section.

(e) Other documents contained in the supporting file for the license.

(f) Any other information considered by the department.

(3)  If a contested case hearing under s. 289.27 , Stats., is held, the department's final determination shall also consider all comments received during the written comment periods and at any informational hearings, and shall consider the department's responses to comments .

(4)  Material readily available at the department, or published materials which are generally available and which are included in the administrative record under this section need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the fact sheet or in the response to comments.

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; CR 13-022 : am. (1) (c) Register March 2014 No. 699 , eff. 4-1-14; correction in (1) (c) made under s. 13.92 (4) (b) 7. , Stats., Register March 2014 No. 699 .