Section 82.70. Informal hearing procedure.

 

(1)  Any business, financial adviser, or investment firm that has received a notice of intent to deny certification, to deny renewal of certification, to deny recertification, or to decertify, may submit a written request for an informal hearing. The request shall set forth the grounds on which the business, financial adviser, or investment firm believes the decision is in error, and may 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 informal hearing to the Administrator, Disvision of Enterprise Operations, Department of Administration, P.O. Box 7867, Madison, WI 53707-7867.

(2)  The department shall schedule an informal hearing within 30 calendar days of receipt of the request. The department 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 department shall conduct the hearing on an informal basis.

(4)  Within 10 business days after the hearing, the administrator shall notify the business, financial adviser, or investment firm in writing of the final decision.

(5)  If the final decision is to grant certification, renew a certification, or issue a recertification, the department shall inform the business, financial adviser, or investment firm of that decision. If the final decision is to deny a certification, a certification renewal, or a recertification, or to decertify, the department shall notify the business, financial adviser, or investment firm of that final decision and the reasons for the decision. That notification shall also include reference to the applicant's appeal rights under subch. III of ch. 227 , Stats., and s. Adm 82.75 .

(6)  Once the department has made a final decision on certification, recertification or decertification, that determination shall take effect immediately. If a business, financial adviser, or investment firm has been denied certification or recertification or has been decertified, and then appeals the department's decision in accordance with s. Adm 82.75 , the department's decision remains in effect unless and until the decision is reversed as a result of the appeals process.

History: EmR1041 : emerg. cr., eff. 11-14-10; CR 11-004 : cr. Register September 2011 No. 669 , eff. 10-1-11; correction in (1) made under s. 13.92 (4) (b) 6. , Stats., Register September 2011 No. 669 ; correction in (1), (4), (5), (6) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register December 2011 No. 672 .

Note

Sections Adm 82.50 (2) (b) , 82.52 (2) , 82.55 (3) , 82.65 (3) (b) and 82.94 (3) specify deadlines for submitting requests for informal hearings. Microsoft Windows NT 6.1.7601 Service Pack 1