Wisconsin Administrative Code
Department of Corrections
Chapter DOC 335 - Environmental policy implementation
Section DOC 335.11 - Review of the FEIS

Universal Citation: WI Admin Code § DOC 335.11

Current through November 25, 2024

(1) DISTRIBUTION. The FEIS shall be distributed in the same manner as the DEIS in s. DOC 335.09(1), and shall also be distributed to any person, organization or agency that submitted comments on the DEIS.

(2) NOTICE OF AVAILABILITY. The availability of the FEIS shall be announced through a notice similar to the notice of availability of the DEIS in s. DOC 335.09(2). That notice shall state whether the department will hold a public hearing on the FEIS, as permitted under sub. (3) (b). The department shall provide a copy of the FEIS to any individual or group requesting a copy.

(3) PERIOD FOR COMMENT.

(a) The department shall allow a minimum of 45 days from the date the notice of availability of the FEIS is published, including a minimum of 7 days following a hearing held under par. (b), for receipt of written comments on the FEIS from state and federal agencies and the public.

(b) The department may hold a public hearing on the FEIS. That hearing shall be announced through the notice of availability of the FEIS which shall be published at least 25 days prior to the hearing in a newspaper circulated in the affected area or, for actions of statewide significance, in the official state newspaper.

(4) CONTESTED CASE HEARING OPPORTUNITY.

(a) Request for a hearing. Any person meeting the qualifications contained in s. 227.42(1) (a) to (d), Stats., may within 20 days after publication of the notice of availability under sub. (2), or within 20 days after the public hearing under sub. (3) (b), if there is one, file with the department a request for a contested case hearing. The request shall include facts sufficient to establish that the person satisfies the criteria set forth in s. 227.42(1) (a) to (d), Stats., and a statement of the reasons the person believes that the FEIS does not conform to the requirements of this chapter or s. 1.11, Stats. Any request received by the department more than 20 days after the date of publication of the notice of availability or more than 20 days after a public hearing under sub. (3) (b) shall be denied.

(b) Hearing.
1. In the event that the department grants a request for a contested case hearing, the department shall inform the person making the request about the date, time and place of the hearing.

2. In the event that more than one request for a hearing on the FEIS is granted, the department may consolidate the requests and hold one hearing.

3. The only issue at the hearing shall be whether the FEIS complies with the requirements of s. 1.11, Stats. The persons who requested the hearing shall have the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the FEIS does not comply with the requirements of s. 1.11, Stats.

4. The hearing shall be held in accordance with the department's general procedural rules for hearings or, in the absence of those rules, the conditions and procedures set out in ss. 227.44 to 227.50, Stats., except as otherwise provided in this subsection.

(c) Evidence, discovery, and disclosure.
1. The FEIS shall be received into the hearing record as an exception to the hearsay rule and shall be considered by the department in making its decision for whatever probative value the FEIS has.

2. Notwithstanding any other rule of the department, the parties in proceedings under this action shall have the means of discovery, except written interrogatories and depositions on written questions, available to parties through judicial proceedings set forth in ch. 804, Stats.

3. Not less than 10 days before the hearing the parties shall file with the department:
a. The names and addresses of all witnesses, including adverse witnesses, that the party may call to testify at the hearing.

b. A detailed written summary of the testimony to be elicited from each witness identified in subpar. a., including any opinion or conclusion of the witness on any matter relevant to the proceedings and the facts and data underlying that opinion or conclusion. The summary shall be on oath or affirmation.

c. A copy of any document or other writing, except the FEIS, and a copy or detailed description of any demonstrative evidence the party may offer into evidence as exhibits.

4.
a. Any witness whose name, address and summary of testimony is not provided as required in subd. 3. a. and b. shall not be permitted to testify at the hearing. No witness may testify on any matter not included in the summary of testimony.

b. No document or other writing or a copy or detailed description of any demonstrative evidence not filed as provided in subd. 3. c. may be made part of the record.

5. Unless objected to by the department, any summary of testimony of a witness for the person who requested the hearing shall be made part of the record in lieu of the testimony of that witness as an exception to the hearsay rule and shall be considered by the department for whatever probative value that testimony has in making its decision. Unless objected to by the person who requests the hearing, any summary of the testimony of a witness for the department shall be made part of the record in lieu of the testimony of such witness as an exception to the hearsay rule and shall be considered by the department for whatever probative value that testimony has in making its decision.

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