Section 159.46. Appeals.

 

(1)   Right to appeal. An action taken by the department under s. DHS 159.45 (3) to (8) is subject to review under ch. 227 , Stats. To request a hearing under ch. 227 , Stats. , the aggrieved person shall submit a written request to the department of administration's division of hearings and appeals within 15 calendar days after the date of the department's action.

(2)   Appeals process.

(a) Filing date. A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. A request for a hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals. A request for a hearing that is transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and at the time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.

(b) Content of appeal. Appeals shall contain the following information:

1. The name and address of the person requesting the hearing.

2. A description of the action that is being contested and a copy of the department's notice of action.

3. A concise statement of the reasons for objecting to the action.

4. The type of relief requested.

5. A request for hearing.

(c) Service on department . The person requesting a hearing shall submit a copy of the hearing request to the department on the same day the request is filed with the division of hearings and appeals.

(3)   Administrative hearing. The division of hearings and appeals shall conduct an administrative hearing under s. 227.42 , Stats.

History: CR 08-036 : cr. Register February 2009 No. 638 , eff. 5-1-09.

Note

A request for a hearing shall be submitted to the Division of Hearings and Appeals, 5005 University Ave, Suite 201, Madison, WI 53705-5400, or faxed to 608-264-9885. A copy of the request for hearing shall be submitted to the department at 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659 or faxed to 608-261-6876. Microsoft Windows NT 6.1.7601 Service Pack 1