Current through August 26, 2024
(1) All requests for hearings:
(a) Shall be in writing;
(b) Shall contain an address and telephone
number where the person requesting the hearing may receive service of documents
relative to the hearing; and
(c)
Shall set forth the reasons which support the request for hearing. The
documents should take the form of a pleading in a civil case, where
practicable.
(2)
(a) Requests for hearing from orders of the
stewards suspending an occupation licensee, recommending denial or revocation
of an occupation licensee, imposing a forfeiture on an occupation license or
from orders of the stewards excluding an occupation licensee shall be
instituted by filing a written request for a hearing no later than 7 days after
notice of the suspension, forfeiture or exclusion has been communicated to the
licensee. A request for hearing shall not stay enforcement of the decision of
the stewards. If the party requesting the appeal desires that the administrator
stay the decision of the stewards, the party shall specify in the request for
stay the reasons supporting the issuance of the stay. The administrator shall
decide whether to grant the stay within 48 hours of receipt of the
request.
(b) The chief steward
shall compile and review a copy of the transcript related to the stewards
inquiry and other written materials on file with the division regarding the
matter being appealed. The chief steward shall prepare a report of the chief
steward's review and file it with the administrator within 7 days of the
division's receipt of a request under this section.
(3) All other requests for hearing shall be
instituted by filing a written request for hearing no later than 30 days after
receipt of notice of the action of the department which gives rise to the right
to a hearing.
(4) Requests for
hearing may be filed in person or by certified mail to the division's
administrative office at 2005 W. Beltline Hwy., Suite 201, P. O. Box 8979,
Madison, WI, 53708-8979. Requests submitted by certified mail shall be deemed
timely if they are postmarked within the applicable time frame for filing an
appeal.
(5) Any party appealing an
action affecting the distribution of a purse shall serve all other owners of an
animal in the race, as identified in the official program, with a copy of the
request for hearing. A copy of such notices shall be filed with the request for
hearing.
