Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 1-9 - General
Chapter ATCP 3 - Program Administration; General
Subchapter I - Environmental mpact Statements and Assessments
Section ATCP 3.04 - Public hearing on proposed action

Universal Citation: WI Admin Code ยง ATCP 3.04

Current through August 26, 2024

(1) GENERAL HEARING REQUIREMENT; EXCEPTIONS. Whenever the department determines that a proposed action is a major action significantly affecting the quality of the human environment within the meaning of s. 1.11(2) (c), Stats., it shall hold a public hearing on the proposed action prior to making a final decision to proceed with the action, as required by s. 1.11(2) (d), Stats. A public hearing held pursuant to another statutory requirement fulfills the hearing requirement under this section. This subsection does not apply to proposals for legislation, or emergency actions taken in compliance with s. ATCP 3.03(1) (b) and other applicable laws.

(2) NOTICE OF HEARING. Hearings under sub. (1) shall be preceded by notice published in the form of a class 1 notice under ch. 985, Stats., at least 10 days prior to the date of hearing. Notice under this subsection may be included in a hearing notice required by another statute.

(3) FORM OF HEARINGS; HEARING RECORD; CROSS-EXAMINATION IN CONTESTED CASES.

(a) Hearings on proposed actions shall be conducted in the manner of rulemaking hearings under s. 227.18, Stats., except as otherwise provided by law. Hearings shall be held, to the extent feasible, in the area affected by the proposed action.

(b) Whenever an environmental impact statement is prepared in connection with a proposed action, a copy of the environmental impact statement shall be admitted into the record in hearings held under this section. Whenever an environmental impact statement is admitted into the record in a contested case hearing, persons preparing or submitting information for the environmental impact statement may be required to respond to cross-examination by parties to the case, pursuant to s. 227.45(6), Stats.

(c) Persons claiming to be adversely affected by a department action, other than a rulemaking action or proposal for legislation, may petition the department for a contested case hearing on the department action under s. 227.42, Stats. The department shall afford a contested case hearing in response to a petition if the requirements of s. 227.42, Stats., are met. The department may order the consolidation of contested case proceedings as the department deems appropriate. Parties to a contested case hearing shall be afforded the opportunity for cross-examination and discovery, to the extent provided under s. 227.45, Stats., and ch. ATCP 1. This paragraph does not limit any other right to a contested case hearing to which a person may be entitled by law; nor does it limit any discretion which the department may have to afford a contested case hearing not required by law.

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