Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 747 - PETROLEUM ENVIRONMENTAL CLEANUP FUND
Subchapter V - Legal Issues
Section NR 747.53 - Appeals and hearings

Universal Citation: WI Admin Code ยง NR 747.53

Current through August 26, 2024

(1) APPEALS.

(a) General. A responsible party, agent, consultant or consulting firm may request a hearing with the department, as specified in s. 227.42, Stats., on any decision affecting that person's legal rights except as specified in ss. NR 747.03, 747.355(2) (c) 7. and (3) (a) and par. (b) 2.

(b) Appeal requirements.
1. All appeals pursuant to this chapter shall be in writing and shall be received by the department no later than 30 calendar days after the date of the decision being appealed. Appeals received more than 30 days after the date of the decision being appealed shall be dismissed. For purposes of this section, appeals received after 4:30 p.m. shall be considered received on the next business day.

Note: A claimant or an attorney representing the claimant may request an administrative hearing to review this action by delivering, mailing, or faxing a written request for a hearing to:

Delivery address: Wisconsin DNR

Bureau for Remediation & Redevelopment

101 S. Webster Street, 5th Floor

Madison, WI 53703

Mailing address: Wisconsin DNR

Bureau for Remediation & Redevelopment

P.O. Box 7921

Madison, WI 53707-7921

2. An appeal shall be signed by the person whose legal rights are affected by the decision being appealed or an attorney representing such person. Any appeal filed by a person other than the person whose legal rights are affected by the decision being appealed or an attorney representing that affected person shall be dismissed.

3. Appeals of items identified as ineligible, as listed in s. NR 747.30(2) or (3), shall be dismissed.

4. The written appeal shall list every reason the department's decision is incorrect and shall identify every issue to be considered in the hearing. Issues not raised in the written appeal under this subdivision are considered to be waived and shall be dismissed.

(2) HEARINGS.

(a) General. All hearings shall be conducted in accordance with these rules and ch. 227, Stats.

(b) Settlement agreement prior to hearing. If the department and the affected party are able to reach agreement on disposition of an appeal prior to a hearing, the following actions shall occur:
1. The settlement agreement shall be transmitted in writing to the administrative law judge designated by the secretary of the department.

2. The settlement agreement shall be binding upon the parties when signed by both parties and returned to the department.

3. The settlement agreement shall be considered a joint motion by the parties to dismiss the appeal its entirety or to dismiss such portions of the appeal as may be encompassed by the terms of the settlement agreement.

(c) Prehearing discovery. There shall be no prehearing discovery except as provided in s. 227.45(7), Stats.

(d) Witness fees. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court.

(e) Location of hearings. All hearings shall be held in Madison, Wisconsin at a location determined by the department. Telephone testimony of individual witnesses and telephone hearings may be held at the discretion of the person designated by the secretary as hearing officer.

(f) Hearing transcripts. All hearings shall be electronically recorded. Any party may request a copy of the electronic recording. A transcript of the recorded hearing shall be prepared upon request at the expense of the party requesting the transcript. Copies of transcripts prepared under this section shall be provided to the other party or parties upon payment of the actual cost of copying or obtaining a copy of the transcript. The department may require payment in advance. A transcript may be provided at the department's expense to a party who demonstrates impecuniousness or financial need if that party has filed a petition for judicial review. Where the department contracts with a court reporting firm for the preparation of transcripts, the fees charged for transcription and copying shall be equal to the fees charged to the department by the court reporting firm.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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