Section 11.10. Review by attorney general.

 

(1)   Petition for review. After entry of a decision of the hearing examiner, any party who is adversely affected by that decision may submit a written petition for review by the attorney general of the record upon which that decision was based.

(a) The petition for review shall be served upon the attorney general and upon all other parties to the action, either personally or by certified mail, within ten days of the entry of the decision of the hearing examiner.

(b) The petition shall specify in detail the grounds for the review, the relief which the petitioner seeks and citation to any supporting authorities.

(c) Papers and petitions under this section shall be served in person or by mail and shall be addressed: Attorney General, 114 East State Capitol, Madison, WI 53702.

(2)   Discretion. Within 14 days of receipt of the petition for review, the attorney general shall issue an order either granting or denying review of the decision. The attorney general shall not delegate the review to anyone who has had prior involvement in either the contested case hearing or decision-making process.

(a) If the order of the attorney general denies review, the decision of the hearing examiner shall become the final decision of the department.

(b) If the order of the attorney general grants review, the attorney general may order a transcript of the proceedings before the hearing examiner, the filing of briefs, presentation of oral arguments, or rehearing of all or part of the evidence presented at the original contested case hearing.

(3)   Limitations. The petition for review by the attorney general under this section is not a prerequisite for the petition for rehearing under s. 227.49 , Stats., or under s. 227.52 , Stats. A petition for review pending under this section shall not in any manner affect or extend the time limits for filing an action under ss. 227.49 and 227.52 , Stats.

(4)   Attorney general's decision. The attorney general's decision shall set forth the findings of fact and conclusions of law which are at variance with, or in addition to, the determinations of the hearing examiner. The decision shall state the evidence relied on and the reasons for the decision.

History: Cr. Register, February, 1992, No. 434 , eff. 3-1-92.