Section 48.21. Request for a hearing on department action.

 

(1)   Who may request. A person or school adversely affected by an action of the department under this chapter or s. 118.60 , Stats., may request a contested case hearing on that action. A request for a contested case hearing shall be filed with the office of legal services within 14 days of the date of the department's action.

(2)   Request form.

(a) A request for a contested case hearing under sub. (1) shall be in writing and shall describe all of the following:

1. The department action on which a hearing is requested.

2. The requester's substantial interest claimed to be adversely affected.

3. How the department's action adversely affected the requester's substantial interest.

4. The grounds for the hearing request, including each of the specific material facts or legal issues that are in dispute. Any material fact or legal issue that is not disputed shall be deemed admitted.

5. The relief sought.

(b) Upon the request of the department, the person or school who filed a request for a hearing under sub. (1) shall provide the department with any additional clarifying information the department determines is necessary to decide whether to grant or deny a hearing request.

(3)   Granting or denying request.

(a) The department shall grant or deny a request for a contested case hearing under sub. (1) within 20 days after a request is filed, unless the person or school requesting the hearing agrees to an extension of time. The department may grant a request for a contested case hearing if, upon preliminary review, it appears that all of the following apply:

1. The department has jurisdiction over the matter.

2. The request for a hearing complies with the requirements under subs. (1) and (2) .

3. The requestor is entitled to a hearing under s. 227.42 , Stats.

(b) Any action taken by the department which is contested under sub. (1) shall remain in effect until the state superintendent issues a final decision and order under s. 227.47 , Stats.

(4)   Transcript.

(a) Upon filing a written request with the department, any party in a contested case hearing may obtain a written transcript of the hearing. Except as provided in par. (b) , the department shall charge the requesting party the actual cost to produce the transcript.

(b) The department may provide a written transcript free of charge to a requesting party if the requesting party demonstrates, to the department's satisfaction, that the requesting party is indigent and has a legal need for the transcript.

History: EmR1608 : emerg. cr. eff. 1-30-16; CR 16-006 : cr. Register July 2016 No. 727 , eff. 8-1-16.

Note

See s. 227.42 , Stats. A request for a contested case hearing may be filed with the office of legal services at the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Office of Legal Services
Wisconsin Department of Public Instruction
125 S. Webster St.
PO Box 7841 Madison, WI
53707-7841 Microsoft Windows NT 6.1.7601 Service Pack 1