Section 318.1016. Appeals.

 

(1)   Appeal of department order. Pursuant to s. 101.02 (6) (e) , Stats., any person who owns or operates a conveyance that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order.

(2)   Appeal of local order. Pursuant to s. 101.02 (7) (b) , Stats., any person affected by a local order that is in conflict with a provision of this chapter may petition the department for a hearing on the grounds that the local order is unreasonable and in conflict with the rule of the department.

(3)   Contested case hearing. In addition to any other right provided by law, any interested person may file a written request for a contested case hearing, as specified in s. 227.42 , Stats.

(4)   Petition of administrative rule. Pursuant to s. 227.12 , Stats., any municipality or corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment, or repeal of the rule.

CR 14-020 : cr. Register August 2014 No. 704 , eff. 9-1-14.

Note

Section 101.02 (7) of the Statutes reads: "Upon receipt of such petition the department shall order a hearing thereon, to consider and determine the issues raised by such appeal, such hearing to be held in the village, city or municipality where the local order appealed from was made. Notice of the time and place of such hearing shall be given to the petitioner and such other persons as the department may find directly interested in such decision, including the clerk of the municipality or town from which such appeal comes. If upon such investigation it shall be found that the local order appealed from is unreasonable and in conflict with the order of the department, the department may modify its order and shall substitute for the local order appealed from such order as shall be reasonable and legal in the premises, and thereafter the said local order shall, in such particulars, be void and of no effect." Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.01 (8) of the Statutes defines "local order" as any ordinance, order, rule or determination of any common council, board of alderpersons, board of trustees or the village board, of any village or city, a regulation or order of the local board of health, as defined in section 250.01 (3), or order or direction of any official of a municipality, upon any matter over which the department has jurisdiction. Microsoft Windows NT 6.1.7601 Service Pack 1