Current through August 26, 2024
(1) WHO MAY REQUEST.
A person adversely affected by a department action may request a contested case
hearing on that action. A request for a contested case hearing shall be filed
with the secretary and shall comply with sub. (2). A request for hearing on a
department action does not automatically stay or modify that action.
Note: See s.
227.42, Stats., and s. ATCP 1.03 (3). A request for hearing may be filed with the secretary at the following
address:
Secretary
Wisconsin Department of Agriculture, Trade and Consumer
Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
(2) REQUEST FORM AND CONTENTS.
(a) A contested case hearing request 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 material facts or legal issues that are in dispute.
5. The relief sought.
(b) The secretary may require the requester
to file additional clarifying information, as necessary for the secretary to
decide whether to grant or deny a hearing request.
(3) GRANTING OR DENYING REQUEST.
(a) The secretary shall grant or deny a
contested case hearing request under sub. (1) within 20 days after a complete
request is filed, unless the requester agrees to an extension or time. The
secretary may grant a contested case hearing request if, upon preliminary
review, it appears that the department has jurisdiction over the matter and
that a contested case proceeding is warranted under s.
227.42, Stats., or other
applicable law.
(b) If the
secretary grants a hearing request under sub. (1), the secretary shall initiate
a contested case proceeding by issuing a hearing notice under s. ATCP 1.20.
(c) If the secretary denies a
hearing request under sub. (1), the secretary shall issue a written denial
notice to the person who requested the hearing. The denial notice shall comply
with the provisions of s. ATCP 1.31. The denial is subject to judicial review,
to the extent provided under ss.
227.42(2) and
227.52, Stats.
(d) Notwithstanding par. (a):
1. A party may move for dismissal of a
contested case at any point in a contested case proceeding.
2. The final decision maker may dismiss a
contested case at any point in a contested case proceeding if the final
decision maker determines, based on the record, that the proceeding should be
dismissed for lack of jurisdiction or other reasons.
For example, based on a party's pre-hearing motion, the
administrative law judge and final decision maker may conclude that a contested
case should be dismissed for jurisdictional or other reasons notwithstanding
the secretary's action under par. (a).
