Section 84.19. Appeal procedure.  


Latest version.
  • (1)  Any business which has been denied certification or certification renewal or which has been decertified may submit a written request for a formal hearing under ch. 227 , Stats. The request shall be received by the department within 30 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 including any additional information which the business has to offer. The written request for a formal hearing shall be submitted to: Office of the Secretary, Department of Administration, P.O. Box 7864, Madison, WI 53707. A copy of the request shall be filed simultaneously with the program.
    (2)  The department shall schedule the formal hearing. Written notice of the scheduled hearing shall be sent to all interested parties at least 10 days prior to the hearing date, and shall specify the date, time and location of the hearing. Interested parties shall include all persons who signed the application for certification or certification renewal.
    (3)  The hearing shall be conducted pursuant to ch. 227 , Stats. Both the business and the department shall have the right to present evidence, subpoena witnesses and records, and cross-examine witnesses. The firm and the department may be represented by counsel.
    (4)  At the conclusion of the hearing, the department shall issue a decision based on findings of fact and conclusions of law.
    (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)  The department shall notify the affected business and the departments of administration and transportation of the final decision regarding renewal of certification or decertification.
History: Cr. Register, September, 1987, No. 381 , eff. 10-1-87; correction in (1) made under s. 13.92 (4) (b) 6. , Stats., Register December 2011 No. 672 .