Current through August 26, 2024
(1) WHO MAY
REQUEST. A person or school adversely affected by an action of the department
under this chapter or s.
115.7915,
Stats., may request a contested case hearing on that action. A request for a
contested case hearing shall be filed with the office of legal services within
14 days of the date of the department's action.
Note: See s.
227.42,
Stats. A request for a contested case hearing may be filed with the office of
legal services at the following address:
Office of Legal Services
Wisconsin Department of Public Instruction
125 S. Webster St.
PO Box 7841
Madison, WI 53707-7841
(2) REQUEST FORM.
(a) A request for a contested case hearing
under sub. (1) shall be in writing and shall describe all of the following:
1. The department action on which a hearing
is requested.
2. The requester's
substantial interest claimed to be adversely affected.
3. How the department's action adversely
affected the requester's substantial interest.
4. The grounds for the hearing request,
including each of the specific material facts or legal issues that are in
dispute. Any material fact or legal issue that is not disputed shall be deemed
admitted.
5. The relief
sought.
(b) Upon the
request of the department, the person or school who filed a request for a
hearing under sub. (1) shall provide the department with any additional
clarifying information the department determines is necessary to decide whether
to grant or deny a hearing request.
(3) GRANTING OR DENYING REQUEST.
(a) The department shall grant or deny a
request for a contested case hearing under sub. (1) within 20 days after a
request is filed, unless the person or school requesting the hearing agrees to
an extension of time. The department may grant a request for a contested case
hearing if, upon preliminary review, it appears that all of the following
apply:
1. The department has jurisdiction
over the matter.
2. The request for
a hearing complies with the requirements under subs. (1) and (2).
3. The requester is entitled to a hearing
under s.
227.42,
Stats.
(b) Any action
taken by the department which is contested under sub. (1) shall remain in
effect until the state superintendent issues a final decision and order under
s.
227.47, Stats.
(4) TRANSCRIPT.
(a) Upon filing a written request with the
department, any party in a contested case hearing may obtain a written
transcript of the hearing. Except as provided in par. (b), the department shall
charge the requesting party the actual cost to produce the
transcript.
(b) The department may
provide a written transcript free of charge to a requesting party if the
requesting party demonstrates, to the department's satisfaction, that the
requesting party is indigent and has a legal need for the transcript.
