Section 6.13. Appeal process.

 

(1)  The regional and local emergency response team appeals process is as follows:

(a) Response teams shall have 30 days after receipt of the final determination by the division in which to file a written appeal.

(b) The response team shall first appeal directly to the division.

(c) Following an appeal to the division, a response team may then request a problem resolution process in which the adjutant general of the department of military affairs reviews the materials submitted by the response team and issues a decision based on those materials or meets with the parties to negotiate an acceptable resolution to the problem.

(d) A response team may request an administrative hearing under ch. 227 , Stats.

(e) A response team may appeal to the circuit court.

(2)  The responsible party appeals process is as follows:

(a) A responsible party shall have 30 days after a final determination by the reviewing entity under s. 323.71 (5) (c) , Stats., in which to file an appeal with the division.

(b) A responsible party may appeal emergency response costs that exceed $500 of a potential release of a hazardous substance for which a hazardous substance is present.

(c) Following an appeal to the division, a responsible party may then request a problem resolution process in which the adjutant general of the department of military affairs reviews the response team claim and issues a decision based on those materials or meets with the parties to negotiate an acceptable resolution.

History: Cr. Register, May, 1997, No. 497 , eff. 6-1-97; CR 02-106 : cr. (1) (intro.) and (2), renum. (1) to (5) to be (1) (a) to (e) Register October 2003 No. 574 , eff. 11-1-03 ; correction in (2) (a) made under s. 13.92 (4) (b) 7. , Stats., Register February 2010 No. 650 .

Note

A claim for reimbursement form, DMA Form 96 (4/97), an expedited reimbursement claim form, DMA Form 59 (4/97) and a Hazardous Materials Incident Response Matrix, DMA Form 1060, can be obtained by contacting the Hazardous Materials Safety/Transportation Coordinator, Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53707-7865, telephone [phone]. The completed reimbursement claim, Hazardous Materials Incident Response Matrix, and supporting documentations shall be mailed to the Hazardous Materials Safety/Transportation coordinator, Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53707-7865. Microsoft Windows NT 6.1.7601 Service Pack 1