Section 2.03. Service on the department.

  All petitions for hearings, petitions for rules, petitions for declaratory rulings, petitions for review of contested case decisions under s. NR 2.20 , answers and complaints required by any statute or rule shall be served on the department by personal delivery to the office of the secretary, by mailing to the secretary by certified mail, at the following address: P. O. Box 7921, Madison, Wisconsin 53707-7921, or by facsimile transmission to the secretary at [phone]. If the petition is served by facsimile transmission, a copy of the petition shall be mailed to the secretary by regular mail within one week of service. Service by mailing shall be deemed to have been made on the date the petition is received by the department. Service by facsimile received after 4:30 P.M. shall be deemed to have been made on the following day.

History: Cr. Register, March, 1973, No. 207 , eff. 4-1-73; am. Register, March, 1978, No. 267 , eff. 4-1-78; CR 02-046 : am. Register September 2004 No. 585 , eff. 10-1-04.

Note

In re Proposed Incorporation of Pewaukee , 72 Wis. 2d 593 (1976) and Schroedel Corp. v. State Highway Commission , 192 Wis. 2d 424 (1968) indicate that when service by mail is authorized, and in the absence of specific language to the contrary, service is complete upon timely mailing. This rule is intended to specify that service is complete upon receipt by the department. Microsoft Windows NT 6.1.7601 Service Pack 1 The office of the secretary is located at 101 S. Webster St., 5th floor, Madison, WI. Microsoft Windows NT 6.1.7601 Service Pack 1