Section 142.09. Department investigations.

 

(1)   Complaint procedure. Any 6 or more residents of the state may petition for an investigation of a withdrawal alleged to be in violation of s. 281.35 , Stats., this rule or an order issued by the department by submitting to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person in the state authorized to receive service of answer and other papers on behalf of the petitioners and the name and address of a person authorized to appear at a hearing on behalf of the petitioners.

(2)   Petition procedure. Upon receipt of a petition, the department shall do one of the following:

(a) If the department determines that the allegations of the petitions are true, it shall order the alleged violator to take whatever action is necessary to achieve compliance with the statute, rule, condition, limitation or restriction; or

(b) If the department determines that the allegations are untrue, it shall dismiss the petition.

(3)   False petitions. Any person who maliciously or in bad faith files a petition under sub. (1) is liable for attorney's fees and damages or other appropriate relief to the person who is the subject of the petition.

(4)   Appeal of decisions. Any person alleged to be in violation of s. 281.35 , Stats., this rule or an order issued by the department, may request the department to conduct a contested case hearing in accordance with the procedures of ch. 227 , Stats. , on the allegations of the petition.

History: Cr. Register, October, 1988, No. 394 , eff. 11-1-88; corrections in (1) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2000, No. 531 .