Section 5.11. Petition; response; effect.

 

(1)   Contents.

(a) A petition for a hearing need not be in any particular form, but shall be in writing and shall include all of the following:

1. The name and address of the petitioner.

2. The date of the petition.

3. Any of the following:

a. The case number of the order that adversely affects the petitioner and an explanation of why the petitioner believes the order should be withdrawn or modified.

b. A statement of how the petitioner is adversely affected by a decision of the office, board, plan, fund or council, a reference to any legal deficiency in the decision and the date on which the petitioner received notice of the decision.

c. If the petition relates to a denial by the office of the petitioner's application for a license, a statement of why the petitioner believes the denial should be modified or rescinded.

d. If the petition relates to a form filing disapproval, a statement of why the petitioner believes the form should be approved.

4. If an attorney will appear on behalf of the petitioner, the attorney's name and address.

(2)   Response. After receipt of a petition, the office shall take one of the following actions:

(a) Schedule the matter for hearing by issuing a notice of hearing under s. Ins 5.12 .

(b) If the petition is not timely filed, notify the petitioner that the order is final because the petition was not filed within the specified time period.

(c) If the petition does not satisfy the requirements of sub. (1) (a) , notify the petitioner that the order is final because of the inadequacy of the petition or, in the case of an unrepresented individual, refer the matter to the administrative law judge who shall notify the petitioner in writing what additional information is needed to complete or clarify the petition before the matter can be scheduled for hearing.

(d) If neither the commissioner, a board or an official or employee of the office designated by the commissioner or a board will act as administrative law judge, refer the petition to the person who will act as administrative law judge for appropriate action under pars. (a) to (c) .

(3)   Effect. A petition for a hearing on an order under ss. 601.41 (4) (a) and 601.63 , Stats., does not stay or modify the order, but the administrative law judge may, upon a motion by the respondent, suspend the order as provided under s. 601.63 (4) , Stats.

History: Cr. Register, March, 1996, No. 483 , eff. 4-1-96.