Section 747.53. Appeals and hearings.

 

(1)   Appeals.

(a) General. A responsible party, agent, consultant or consulting firm may request a hearing with the department, as specified in s. 227.42 , Stats., on any decision affecting that person's legal rights except as specified in ss. NR 747.03 , 747.355 (2) (c) 7. and (3) (a) and par. (b) 2.

(b) Appeal requirements.

1. All appeals pursuant to this chapter shall be in writing and shall be received by the department no later than 30 calendar days after the date of the decision being appealed. Appeals received more than 30 days after the date of the decision being appealed shall be dismissed. For purposes of this section, appeals received after 4:30 p.m. shall be considered received on the next business day.

2. An appeal shall be signed by the person whose legal rights are affected by the decision being appealed or an attorney representing such person. Any appeal filed by a person other than the person whose legal rights are affected by the decision being appealed or an attorney representing that affected person shall be dismissed.

3. Appeals of items identified as ineligible, as listed in s. NR 747.30 (2) or (3) , shall be dismissed.

4. The written appeal shall list every reason the department's decision is incorrect and shall identify every issue to be considered in the hearing. Issues not raised in the written appeal under this subdivision are considered to be waived and shall be dismissed.

(2)   Hearings.

(a) General. All hearings shall be conducted in accordance with these rules and ch. 227 , Stats.

(b) Settlement agreement prior to hearing . If the department and the affected party are able to reach agreement on disposition of an appeal prior to a hearing, the following actions shall occur:

1. The settlement agreement shall be transmitted in writing to the administrative law judge designated by the secretary of the department.

2. The settlement agreement shall be binding upon the parties when signed by both parties and returned to the department.

3. The settlement agreement shall be considered a joint motion by the parties to dismiss the appeal its entirety or to dismiss such portions of the appeal as may be encompassed by the terms of the settlement agreement.

(c) Prehearing discovery. There shall be no prehearing discovery except as provided in s. 227.45 (7) , Stats.

(d) Witness fees. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court.

(e) Location of hearings. All hearings shall be held in Madison, Wisconsin at a location determined by the department. Telephone testimony of individual witnesses and telephone hearings may be held at the discretion of the person designated by the secretary as hearing officer.

(f) Hearing transcripts. All hearings shall be electronically recorded. Any party may request a copy of the electronic recording. A transcript of the recorded hearing shall be prepared upon request at the expense of the party requesting the transcript. Copies of transcripts prepared under this section shall be provided to the other party or parties upon payment of the actual cost of copying or obtaining a copy of the transcript. The department may require payment in advance. A transcript may be provided at the department's expense to a party who demonstrates impecuniousness or financial need if that party has filed a petition for judicial review. Where the department contracts with a court reporting firm for the preparation of transcripts, the fees charged for transcription and copying shall be equal to the fees charged to the department by the court reporting firm.

History: Cr. Register, February, 1994, No. 458 , eff. 3-1-94; CR 04-058 : am. Register February 2006 No. 602 , eff. 5-1-06; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register February 2006 No. 602 ; correction in (1) (a), (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 ; corrections in (1) (a), (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694 .

Note

A claimant or an attorney representing the claimant may request an administrative hearing to review this action by delivering, mailing, or faxing a written request for a hearing to: Microsoft Windows NT 6.1.7601 Service Pack 1 Delivery address:
Wisconsin DNR
Bureau for Remediation & Redevelopment
101 S. Webster Street, 5th Floor
Madison, WI 53703 Microsoft Windows NT 6.1.7601 Service Pack 1 Mailing address:
Wisconsin DNR
Bureau for Remediation & Redevelopment
P.O. Box 7921
Madison, WI 53707-7921 Microsoft Windows NT 6.1.7601 Service Pack 1