Wisconsin Administrative Code
Waste Facility Siting Board
Chapter WFSB 10 - Petition for arbitrability and determination by board
Section WFSB 10.01 - Petition

Universal Citation: WI Admin Code ยง WFSB 10.01

Current through February 26, 2024

(1) WHO MAY SUBMIT. A petition for the determination of a dispute over arbitrability of an item or items may be submitted by an applicant, a local committee or as a joint petition.

(2) WHEN SUBMITTED. A petition for determination of arbitrability under this chapter may be submitted only after a petition for arbitration has been filed and only once by either party or jointly before the submission of final offers. Any determination made when final offers are submitted shall be governed by s. 289.33(10) (g), Stats.

(3) FORM, NUMBER OF COPIES, SUBMISSION. The petition shall be in writing and its caption shall be as follows:

STATE OF WISCONSIN BEFORE THE WASTE FACILITY SITING BOARD

In the Matter of the (Joint) Petition Requesting a Determination of Arbitrability Involving a Dispute Between (Name of Petitioner) and (Name of Other Party or Co-Petitioner)

The original of the petition shall be signed and the original and 9 copies of the petition shall be submitted with the board. The party submitting the petition shall, at the same time, submit a copy to the other party, or its designated representative, by certified mail or personal delivery.

(4) CONTENTS. The petition shall include the following:

(a) The caption in the form noted above.

(b) The name and address of the applicant involved, and the name and address and telephone number of its principal representative.

(c) The names and addresses of the members of the local committee involved, and the name and address and telephone number of its principal representative.

(d) A clear and concise statement of the item or items over which a dispute has arisen concerning arbitrability.

(e) A complete statement of the agreed facts constituting the basis upon which the board is to make its determination in the matter.

(f) A clear and concise statement of the position of the petitioner as to whether the items or items set forth in the petition are arbitrable.

(5) A STATEMENT IN SUPPORT OF PETITION. The petitioner shall attach to the original and each copy of the petition a clear and concise statement of the facts and arguments relied upon by the petitioner in support of the position taken by the petitioner.

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