Section 40.62. Administrative appeals.

 

(1)   Request for hearing. A person who is the subject of any of the following department actions may request a hearing and reconsideration of that action:

(a) The denial or restriction of a permit or initial license under this chapter.

(b) A stop sale order or holding order under s. ATCP 40.58 .

(2)   Request form and contents. A request under sub. (1) shall be in writing, and shall include all of the following:

(a) A copy of the notice or order under sub. (1) that the requester asks the department to reconsider.

(b) The requester's objections to the department's action, including disputed facts and conclusions.

(c) The harm allegedly caused to the requester by the department's action.

(d) Identification of all the information that supports the requester's objections and alleged harm.

(e) The legal basis for the requester's objections.

(f) The requested remedy.

(3)   Informal conference.

(a) If the department receives a written request that complies with sub. (2) , the administrator of the department's agricultural resource management division shall schedule an informal conference with the requester. The administrator or the administrator's designee shall initiate the conference within 10 working days after the department receives the request unless the requester agrees to a later date.

(b) Following completion of the informal conference, the administrator or designee shall decide whether to affirm, reverse, or modify the disputed action. The administrator or designee shall issue a written decision and provide a copy to the requester. The administrator or designee shall issue the decision as soon as reasonably possible, but not more than 30 working days after completion of the informal conference.

(4)   Formal hearing.

(a) If an issue is not resolved by the informal conference under sub. (3) , an adversely affected party may request a contested case hearing on the unresolved issue, pursuant to ch. 227 , Stats. , and ch. ATCP 1 . Hearing requests shall comply with sub. (2) .

(b) A hearing on the denial or restriction of a permit or initial license shall be conducted as a class 1 contested case under ch. 227 , Stats. A hearing on the suspension, revocation, or restriction of an issued license or permit shall be conducted as a class 2 contested case under ch. 227 , Stats.

History: CR 04-140 : cr. Register September 2005 No. 597 , eff. 10-1-05.

Note

See also s. ATCP 40.56 (2) (c) . Microsoft Windows NT 6.1.7601 Service Pack 1