Section 61.10. Appeal procedure.

 

(1)  The administrator shall give the retailer written notice of the retailer's terminated contract and state the grounds for the termination. The retailer shall also be notified that a request for a reconsideration must be made by the retailer within 30 calendar days and that the request must contain the information in sub. (2) .

(2)  Within 30 calendar days of the mailing of the notice, the retailer may request a reconsideration by filing with the administrator a written statement setting forth the retailer's legal, factual or equitable arguments and submitting any supporting documents. The request for reconsideration shall be deemed filed on the date it is received by the administrator.

(3)  Within 20 calendar days of receipt of the request for reconsideration, the administrator may, in writing, request the retailer to submit any additional facts, legal and equitable arguments or documents that the administrator deems necessary to make a determination.

(4)  The Wisconsin lottery's legal counsel shall compile all relevant correspondence, lottery accounting records and all materials submitted to the administrator by the retailer for reconsideration. Legal counsel shall then review the file, research, if necessary, the applicable laws and rules and prepare an analysis and recommendation for the administrator's consideration.

(5)  The administrator, after considering all the facts and arguments submitted by the retailer, and legal counsel's recommendation, shall independently evaluate whether to either reinstate or terminate the contract. Within 45 calendar days of the administrator's receipt of the request for reconsideration or any supplemental information and documentation requested, the administrator shall notify the retailer, in writing, of the determination. If the contract is terminated, the notification shall include a statement setting forth the reasons for the termination and notifying the retailer of the right to a hearing under s. 227.42 , Stats. The retailer shall also be notified that a request for a hearing must be made by the retailer within 20 calendar days and that the request must contain the information in sub. (6) .

(6)  Within 20 calendar days of the administrator's mailing of the final determination, the retailer may request, in writing, a hearing under s. 227.42 , Stats. A request shall be deemed filed on the date it is received by the administrator. A request for a hearing under s. 227.42 , Stats., shall contain all of the following:

(a) The retailer's name and address.

(b) The reasons why a retailer requests a hearing.

(c) The facts that the retailer intends to prove at the hearing.

(d) A description of the mistake the retailer believes was made, if the retailer claims that the termination of contract is based on a mistake in fact or in law.

(e) Any supporting documents not previously submitted to the administrator.

(7)  Within 20 calendar days of receipt of a request for hearing, the administrator shall grant or deny the request for a hearing, in writing, under s. 227.42 , Stats. A hearing shall be granted if the criteria under s. 227.42 (1) , Stats., are met. The administrator shall reasonably notify the retailer of the time and place of the hearing. The administrator shall inform the retailer, in writing, of the reason for denying a hearing.

(8)  In the event that neither the retailer nor the retailer's representative appears at the time and place designated for the hearing, the administrator may take action based upon the record as submitted. By failing to appear, the retailer waives any further right to appeal before the Wisconsin lottery.

History: Cr. Register, March, 1989, No. 399 , eff. 4-1-89; CR 01-088 : am. Register February 2002 No. 554 , eff. 3-1-02; CR 07-087 : am. (title) and (2) Register April 2008 No. 628 , eff. 5-1-08.

Note

Section Tax 61.10 interprets s. 565.12 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1