Current through August 26, 2024
(1) INTERESTED PARTIES. Each person included
as a party by the hearing examiner who appeared before the hearing examiner in
the proceedings, including the department, may seek judicial review of the
final board decision. If, in the opinion of the secretary, the final decision
of an appeal results in violation of a fiduciary duty owed to the public
employee trust fund, the secretary shall seek judicial review of the board
decision.
(2) RESPONDENT FOR REVIEW
OF WISCONSIN RETIREMENT BOARD, TEACHERS RETIREMENT BOARD, GROUP INSURANCE BOARD
OR DEFERRED COMPENSATION BOARD DECISION. Unless otherwise expressly provided by
statute, final decisions of the Wisconsin retirement board, teachers retirement
board, group insurance board and deferred compensation board are subject to
judicial review as provided in s.
227.53,
Stats., and as follows:
(a)
Board is
respondent. The petition for review shall name the board as the sole
respondent and shall be mailed by certified mail to the respective board or
personally served on a person designated by the board to serve as its agent to
accept personal service. The petitioner shall also serve copies of the petition
for review upon each party to the appeal before the board, or that party's
attorney of record.
(b)
Deadlines. The following time limits shall be observed:
1. The petition for review is timely only if
filed with the court and served upon the board within 30 days. The 30 day
period commences on the day after the earlier of personal service upon the
party or mailing of the board's final decision to all parties. However, if the
party has requested a rehearing, the deadline for filing and serving the
petition for review is 30 days after the application for rehearing is finally
disposed of whether by action of the hearing examiner, board action or
operation of law.
2. Within 30 days
of instituting review proceedings, the petitioner shall serve a copy of the
petition for review upon each party to the appeal before the board, or that
party's attorney of record. The court may dismiss the petition for failure to
serve each party listed as a party for purposes of review in the board's final
decision. Service shall be by certified mail or, when service is admitted in
writing, by first class mail.
3.
Parties to the appeal before the board may participate in the review as
provided in s.
227.53,
Stats. Within 20 days of being served with the petition for review, a party may
serve upon the petitioner, the board and the attorney general a notice of
appearance. This notice shall clearly state the person's position with
reference to each material allegation in the petition for review and to the
affirmance, vacation or modification of the board decision under review. Proof
of service of the notice shall be filed with the clerk of the reviewing court
within 10 days after the service.
Note: See s.
227.53,
Stats., for details of judicial review proceedings and pleading.
(3)
RESPONDENT FOR REVIEW OF ETF BOARD DECISION. Final decisions of the employee
trust fund board are subject to judicial review only by certiorari. The
certiorari petition or complaint shall name the employee trust funds board as
the respondent and shall be filed in Dane county, where the board is deemed to
reside.
Note: In the absence of a statutory deadline for filing the
certiorari petition, see State ex rel Casper v. Board of Trustees, 30 Wis. 2d
170, 140 N.W. 2d 301 (1966) which sets a 6 month deadline.
(4) AGENT FOR SERVICE UPON BOARD. Except as
provided in this subsection, no person or employee of the department is
authorized to accept service for the board. From time to time the board may by
motion designate a person, either by name or position, as agent to accept
personal service for the board. Persons holding the following positions, whose
names shall be disclosed by the department upon request, are designated as
agents to accept personal service on behalf of the board:
(a) The general counsel of the
department.
(b) The division
administrator or program director administering the particular program which is
the subject matter of the underlying appeal to the board.
(c) The deputy secretary of the
department.
(d) The secretary of
the department or his or her designees.
