reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter II - General Water Use Permits › Section NR 860.21 - General Water Use Permits

Current through June 24, 2024
(1) The department
				  may issue a general water use permit that applies only to certain categories or
				  groups of water withdrawals, or only to withdrawals located in a designated
				  area of the Great Lakes basin, or both.
(2) For purposes of this section, a category
				  or group of withdrawals may be defined by amount of withdrawal, water use
				  sector, type of withdrawal or water use, geographic or watershed area, or other
				  attribute that the department determines is appropriate for defining a category
				  of coverage. There shall be a reasonable commonality among members of a
				  category or group that is related to water withdrawal or use.
(3) The department shall solicit public
				  comment following the public participation procedures in subch. IV prior to
				  issuing a general water use permit.
(4) All general water use permits shall
				  identify the criteria that must be met in order to qualify for coverage under
				  the general permit. The criteria shall be limited to the requirements and
				  authority provided under s.
				  281.346(4s),
				  Stats.
(5) All general water use
				  permits shall contain the permit conditions in s.
				  NR
				  860.15 and any additional conditions necessary to meet
				  the requirements of ch. 281, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter II - General Water Use Permits › Section NR 860.22 - Application and Review Process for Notice of Coverage

Current through June 24, 2024
(1) APPLICABLE
				  PROCESS. A person required to have coverage under a general water use permit
				  under this subchapter shall obtain a notice of coverage decision following the
				  applicable process under sub. (2) or (3).
(2) AUTOMATIC NOTICE OF COVERAGE FOR
				  PREEXISTING WITHDRAWALS.
(a) The department
				  shall issue automatic notice of coverage no later than December 8, 2011, to
				  persons with a preexisting withdrawal that qualify for automatic notice of
				  coverage as set forth in s.
				  281.346(4s)
				  (c), Stats., and that have one of the
				  following:
1. An interim approval under s.
				  281.344(5m),
				  Stats.
2. A registration under ch.
				  NR 856 completed no later than November 1, 2011.
Note: Persons with a preexisting withdrawal that made a
					 withdrawal that averaged 100,000 gallons per day or more in any 30-day period
					 but did not equal 1,000,000 gallons per day for any 30 consecutive days before
					 December 8, 2008 qualify for automatic notice of coverage under a general
					 permit.
Note: The department can not guarantee that automatic
					 notice of coverage will be issued in time to meet the December 8, 2011 deadline
					 for registrations received after November 1, 2011 for preexisting withdrawals
					 that qualify for automatic notice of coverage.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter II - General Water Use Permits › Section NR 860.23 - Notice of Coverage Decisions

Current through June 24, 2024
(1) The department
				  shall issue notice of coverage only when all of the following have been
				  completed:
(a) The department has received a
				  complete application containing all of the information in s.
				  NR
				  860.22(3) (a).
(b) The applicant has received all the
				  necessary permits or approvals for the withdrawal under s.
				  30.12,
				  30.18,
				  281.34,
				  or
				  281.41, Stats.,
				  or s.
				  281.17,
				  2001 Stats.
(c) The applicant
				  receives department approval of a water conservation plan under ch. NR 852, if
				  applicable.
(d) The applicant has
				  complied with an approved water supply service area plan under s.
				  281.348,
				  Stats., if applicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter II - General Water Use Permits › Section NR 860.24 - Modifications to the Withdrawal Amount - Notice of Coverage

Current through June 24, 2024
(1) If a permittee
				  proposes to increase the amount of a withdrawal over the established withdrawal
				  amount in the notice of coverage but does not propose to withdraw at least
				  1,000,000 gallons per day for any 30 consecutive days, the permittee shall
				  apply to the department using the method prescribed by the department for a
				  modification to the withdrawal amount.
(2) The department shall review the
				  application following the requirements under s.
				  NR
				  860.22(3) and approve the requested
				  modification if the increased withdrawal meets the requirements of s.
				  NR
				  860.23 and s.
				  281.346(4s)
				  (e), Stats.
(3) If the department determines that the
				  application does not qualify for continued coverage under a general permit, the
				  department shall dismiss the request in writing and state the reasons why the
				  requested modification does not qualify for coverage under the general
				  permit.
(4) The department shall
				  keep records in a database of all approved modifications to the withdrawal
				  amount.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter II - General Water Use Permits › Section NR 860.25 - Redetermination of Coverage

Current through June 24, 2024
(1) Coverage under
				  a general permit ends on the date that the term of the general permit ends.
Note: Under s.
					 281.346(4s)
					 (am), Stats., the term of a general permit is
					 25 years.
(2) The
				  department shall send notification to owners at least 365 days prior to the
				  expiration of the general permit that the general permit will expire and that
				  redetermination of coverage is required. The department shall send notification
				  to owners using the most economical communication tool available and the most
				  recent contact information submitted by the owner.
Note: The most economical communication tool used by the
					 department on October 1, 2011 is email.
(3) Owners that have received notice of
				  coverage under a general permit that intend to continue a withdrawal that
				  averages 100,000 gallons per day or more in any 30-day period but that does not
				  equal at least 1,000,000 gallons per day for any 30 consecutive days, shall
				  apply to the department using the method prescribed by the department for
				  redetermination of coverage under a new general permit at least 180 days before
				  the end of the term of the general permit. The failure of an owner to apply for
				  redetermination at least 180 days prior to the expiration of the general permit
				  shall not result in the loss of an established baseline or specified withdrawal
				  amount.
Note: Applications and information should be sent to: DNR
					 Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
(4) If the owner applying for a
				  redetermination is in substantial compliance with the current general permit
				  and qualifies for coverage under a new general permit, the department shall
				  issue notice of coverage under the new general permit.
(5) The department shall follow the
				  requirements of s.
				  NR
				  860.22(3), when reviewing the request
				  for redetermination of coverage.
(6) A redetermination of coverage shall
				  specify a withdrawal amount equal to the withdrawal amount of the previous
				  issuance of coverage unless the owner requests a reduced amount.
For proposed increases to a withdrawal amount, the owner
						must apply to the department following s.
						NR
						860.24.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter III - Individual Water Use Permits › Section NR 860.30 - Applicability

Current through June 24, 2024
(1) Unless exempted under sub. (3), all of
				  the following persons who withdraw water from the Great Lakes basin shall
				  obtain an individual water use permit:
(a) Any
				  person who on December 8, 2011, has a water supply system or systems on one
				  property or a public water supply that withdraws at least 1,000,000 gallons of
				  water per day for any 30 consecutive days.
(b) Any person who after December 7, 2011,
				  proposes a withdrawal with a water supply system or systems on one property or
				  a public water supply that equals at least 1,000,000 gallons per day for any 30
				  consecutive days.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter III - Individual Water Use Permits › Section NR 860.31 - Application and Review Process for Individual Water Use Permits

Current through June 24, 2024
(1) APPLICABLE
				  PROCESS. A person required to have an individual water use permit under this
				  subchapter shall obtain a permit decision following the applicable process
				  under sub. (2) or (3).
(2)
				  AUTOMATIC ISSUANCE OF AN INDIVIDUAL WATER USE PERMIT FOR PRE-EXISTING
				  WITHDRAWALS.
(a) The department shall issue
				  an automatic individual water use permit no later than December 8, 2011, to
				  persons with a preexisting withdrawal that qualify for automatic issuance of an
				  individual water use permit as set forth in s.
				  281.346(5)
				  (c), Stats., and that have one of the
				  following:
1. An interim approval under s.
				  281.344(5m),
				  Stats.
2. A registration under ch.
				  NR 856 completed no later than November 1, 2011.
Note: Persons with a preexisting withdrawal that are
					 required to obtain an individual permit and that made a withdrawal that
					 averaged 100,000 gallons per day or more in any 30-day period before December
					 8, 2008 qualify for automatic issuance of an individual permit.
Note: The department can not guarantee that automatic
					 issuance of an individual permit will be issued in time to meet the December 8,
					 2011 deadline for registrations received after November 1, 2011 for preexisting
					 withdrawals that qualify for issuance of an individual permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter III - Individual Water Use Permits › Section NR 860.32 - Individual Water Use Permit Decisions

Current through June 24, 2024
(1) The department
				  shall issue an individual water use permit under s.
				  NR
				  860.31(3), only when all of the
				  following have been completed:
(a) The
				  department has received a complete application containing the information
				  required by s.
				  NR
				  860.31(3) (a).
Note: Applications and information should be sent to: DNR
					 Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
(b) Public participation has been
				  completed following the procedures in subch. IV, if applicable.
(c) The applicant has received all the
				  necessary permits or approvals for the withdrawal under s.
				  30.12,
				  30.18,
				  281.34,
				  or
				  281.41, Stats.,
				  or s.
				  281.17,
				  2001 Stats.
(d) The department
				  determines that the withdrawal meets the state decision-making standard under
				  s.
				  281.346(5m),
				  Stats., or the compact decision-making standard under s.
				  281.346(6),
				  Stats., if applicable.
(e) The
				  applicant receives department approval of a water conservation plan under ch.
				  NR 852, if applicable.
(f) The
				  applicant has complied with an approved water supply service area plan under s.
				  281.348,
				  Stats., if applicable.
(g) Prior
				  notice under s.
				  281.346(5)
				  (L), Stats., and regional review under s.
				  281.346(5)
				  (m), Stats., has been completed, if
				  applicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter III - Individual Water Use Permits › Section NR 860.33 - Modifications to the Withdrawal Amount - Individual Water Use Permits

Current through June 24, 2024
(1) If a
				  permittee proposes to increase the amount of a withdrawal over the established
				  withdrawal amount in the individual permit, the permittee shall apply to the
				  department using the method prescribed by the department for a modification of
				  the permit and submit any missing or outdated information required under s.
				  NR
				  860.31(3) (a).
Note: Applications and information should be sent to: DNR
					 Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
(2) The department shall review
				  the application following the requirements of s.
				  NR
				  860.31(3) and approve the
				  modification if the increased withdrawal meets the requirements of s.
				  NR
				  860.32(1).
Note: Department review of a proposed modification may
					 require compliance with the state decision-making standard under s.
					 281.346(5m),
					 Stats., or the compact decision-making standard under s.
					 281.346(6),
					 Stats.
(3) If the
				  department determines that the requested modification does not meet the
				  requirements of s.
				  NR
				  860.32(1), the department shall
				  disapprove the application in writing and state the reasons for the
				  disapproval.
(4) The department
				  shall keep records in a database of all approved modifications to withdrawal
				  amounts.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter III - Individual Water Use Permits › Section NR 860.34 - Individual Water Use Permit Reissuance

Current through June 24, 2024
(1) Individual
				  water use permits expire 10 years from the date of department
				  issuance.
(2) The department shall
				  send notification to owners at least 365 days prior to the expiration of the
				  permit that the individual permit will expire and that reissuance of the permit
				  is required. The department shall send notification to owners using the most
				  economical communication tool available and the most recent contact information
				  submitted by the owner.
Note: The most economical communication tool used by the
					 department on October 1, 2011 is email.
(3) Permittees that intend to continue to
				  withdraw at least 1,000,000 gallons of water per day for any 30 consecutive
				  days shall apply to the department using the method prescribed by the
				  department for reissuance of a permit at least 180 days before the expiration
				  of the permit. The application shall include an update to the information
				  originally submitted to the department for a permit. The failure of an owner to
				  apply for reissuance at least 180 days prior to the expiration of the
				  individual permit shall not result in the loss of an established baseline or
				  specified withdrawal amount.
Note: Applications and information should be sent to: DNR
					 Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
(4) If the permittee applying for
				  a reissuance is in substantial compliance with the current permit, the
				  department has completed the applicable public participation requirements under
				  subch. IV, and the withdrawal meets the requirements under s.
				  NR
				  860.32(1) and s.
				  281.346(5)
				  (j), Stats., the department shall issue a new
				  permit.
(5) The department shall
				  follow the requirements of s.
				  NR
				  860.31(3), when reviewing the
				  reissuance request.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter IV - Public Participation › Section NR 860.40 - Applicability

Current through June 24, 2024
(1) The public participation requirements
				  outlined in this subchapter apply to all of the following:
(a) Individual water use permits under s.
				  281.346(5),
				  Stats., that require the applicant to meet the state decision-making standard
				  under s.
				  281.346(5m),
				  Stats., or compact decision-making standard under s.
				  281.346(6),
				  Stats., except for a public water supply that has an approved water supply
				  service area plan under s.
				  281.348,
				  Stats.
(b) General water use
				  permits under s.
				  281.346(4s),
				  Stats.
Note: Public participation is only required for the
					 department issuance of the general permit itself. The issuance of notice of
					 coverage under a general permit to a withdrawer does not require public
					 participation.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter IV - Public Participation › Section NR 860.41 - Public Notice and Comment

Current through June 24, 2024
(1) The department
				  shall draft and provide a public notice regarding each general permit proposed
				  by the department and each individual permit application under s.
				  NR
				  860.40(1). The public notice shall
				  allow 30 days for public comment. For individual water use permit applications
				  specified in s.
				  NR
				  860.40(1), the notice shall be
				  provided within 90 days of the department receiving a complete application. For
				  general permits, the department shall provide, publish, and deliver the public
				  notice when a draft general permit has been completed.
(2) The public notice shall comply with all
				  of the following:
(a) Be published by the
				  applicant as a class 1 notice under ch. 985, Stats., in the counties where
				  water from the withdrawal will be used and in counties within five miles of the
				  location of the withdrawal. For actions involving individual water use permits,
				  the applicant shall provide proof of publication of the notice in the form of
				  an affidavit from the newspaper certifying publication and documenting the date
				  of publication.
Note: The department is responsible for publishing the
					 required notice for general permits.
(b) Be delivered by the department or
				  applicant to any person, group, local governmental unit, or state agency upon
				  request. The applicant for an individual water use permit shall provide proof
				  of delivery in the form of an affidavit or documentation from the delivery
				  method or person.
(c) Be delivered
				  by the department or applicant to persons or groups on a formal department
				  water use permit application mailing list. The applicant for an individual
				  water use permit shall provide proof of delivery in the form of an affidavit or
				  documentation from the delivery method or person.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 860 - Water Use Permitting › Subchapter IV - Public Participation › Section NR 860.42 - Public Hearings

Current through June 24, 2024
(1) Any interested person or group of
				  persons, any affected local unit of government, or any state agency, may
				  request a public hearing regarding a permit covered under s.
				  NR
				  860.40(1).
(2) Requests for a public hearing under this
				  section shall comply with all of the following:
(a) Be in writing and dated and include the
				  applicant name or number of the proposed permit or application.
(b) Be submitted to the department at the
				  address specified in the public notice by the end of the 30-day public comment
				  period. A request is submitted on the date it is postmarked using U.S. mail or
				  on the date it is delivered to the address specified in the public
				  notice.
(c) Indicate the interests
				  of the requestor and the reasons why a hearing is warranted. The reasons shall
				  relate to the legal requirements for water use permits.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.01 - Purpose and applicability

Current through June 24, 2024
(1) PURPOSE. Under
			 s.
			 115.28(5),
			 Stats., the state superintendent is charged with examining and determining all
			 appeals that are made by law to the state superintendent. The purpose of this
			 chapter is to provide the state superintendent with a system for dealing with
			 complaints and appeals received by the department; to promote coordination with
			 other appropriate units of government and agencies regarding complaints and
			 appeals; and to promote the voluntary resolution of problems at the level
			 closest to their source.
(2)
			 APPLICABILITY. This chapter applies to all complaints and appeals authorized by
			 statute or rule that are filed with the department, except that this chapter
			 does not apply to appeals or complaints subject to other, more specific,
			 statutes or rules, including, but not limited to, the following:
(a) Appeals relating to the identification,
			 evaluation, educational placement, or the provision of a free appropriate
			 public education of a child with a disability, which shall be resolved under 20
			 USC 1415 of the Individuals with Disabilities Education Act and subch. V of ch.
			 115, Stats.
(b) Appeals of a
			 departmental decision that a teacher education program is not in compliance
			 with ch. PI 34, which shall be resolved through the procedures under subch. III
			 of ch. PI 34.
(c) Complaints that
			 the state or a subgrantee is violating the Individuals with Disabilities
			 Education Act, 20 USC Subchapter II, which shall be resolved through the
			 procedures under CFR parts 76 and 77.
(d) Complaints, hearings, and appeals related
			 to license revocation and reinstatement, which shall be resolved through the
			 procedures specified under subch. XI of ch. PI 34.
(e) School district boundary appeal board
			 hearings, which shall be conducted under ch. PI 2.
(g) Appeals relating to orders issued by the
			 state superintendent under s.
			 115.7915(8),
			 Stats., which shall be resolved through the procedures specified under s.
			 PI
			 49.15.
(h)
			 Appeals of a school board's decision to deny an open enrollment application
			 under s.
			 118.51(9),
			 Stats., which shall be resolved through the procedures specified under s.
			 PI
			 36.14.
(i)
			 Appeals relating to orders issued by the state superintendent under s.
			 118.60(10),
			 Stats., which shall be resolved through the procedures specified under s.
			 PI
			 48.21.
(j)
			 Appeals relating to orders issued by the state superintendent under s.
			 119.23(10),
			 Stats., which shall be resolved through the procedures specified under s.
			 PI
			 35.21.
(k)
			 Complaints related to race-based nicknames, logos, mascots, and team names
			 under s.
			 118.134,
			 Stats., which shall be resolved through the procedures specified under s.
			 PI
			 45.03.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Appeal" means an application to the state superintendent, as provided by
			 statute or rule, to review a decision by the department or a local education
			 agency.
(2) "Complaint" means an
			 allegation of wrongdoing filed with the state superintendent against a local
			 education agency, its officers or employees stating essential facts and
			 demanding relief.
(2m) "Desk
			 review" means issuing a decision based on a review of written information
			 submitted by the parties.
(3)
			 "Department" means the Wisconsin department of public instruction.
(3m) "Institution" means a participant in the
			 national school lunch program, special milk program for children, school
			 breakfast program, summer food service program, or child and adult food care
			 program.
(4) "Local education
			 agency" means school boards, school districts, cooperative educational service
			 agencies, county children with disabilities education boards, public libraries,
			 public library systems, and private schools or agencies if the private schools'
			 or agencies' actions or decisions concern programs receiving state or federal
			 funds which are administered by the department.
(4m) "Office of legal services" means the
			 office of legal services in the department.
(5) "Party" means the complainant or
			 appellant and the respondent named in the complaint or appeal.
(6) "Rule" means any rule in the Wisconsin
			 Administrative Code or regulation in the Code of Federal Regulations.
(7) "State superintendent" means the state
			 superintendent of public instruction.
(8) "Statute" means any Wisconsin or United
			 States statute.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.03 - Receipt and filing of complaints and appeals

Current through June 24, 2024
(1) All complaints
			 and appeals shall be filed in writing specifying the grounds upon which the
			 action is brought, the facts, and any relief sought. Complaints and appeals
			 shall be signed by the complainant or appellant or the representative of the
			 complainant or appellant. If the complainant or appellant is a minor, the
			 complaint or appeal shall also be signed by a parent or guardian, unless the
			 statute or rule under which the complaint or appeal is filed prohibits this
			 requirement.
(2) If the complaint
			 or appeal is filed by the representative under sub. (1), the representative
			 shall file a notice of representation which shall include written consent of
			 the complainant or appellant and the parent or guardian if required under sub.
			 (1).
(3) The state superintendent
			 shall dismiss a complaint or an appeal if any of the following occur:
(a) The complaint or appeal was not filed
			 within the time period specified in the statute or rule under which the
			 complaint or appeal was filed.
(b)
			 The complaint or appeal is not legally sufficient to state a claim upon which
			 relief may be granted.
(c) The
			 state superintendent does not have jurisdiction in the matter.
(d) The complainant or appellant does not
			 include sufficient allegations of fact that, if accepted as true, would support
			 the complaint or appeal.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.04 - Procedures

Current through June 24, 2024
Upon receipt of a written complaint or appeal filed under s.
				PI
				1.03, the state superintendent shall acknowledge
				receipt of the complaint or appeal in writing and shall use any or all of the
				following procedures that the state superintendent determines to be
				appropriate:
(1) Provide technical
			 assistance and information and attempt to resolve the matter
			 informally.
(2) Refer the
			 complainant to another state agency for action or resolution.
(3) Conduct an investigation under s.
			 PI
			 1.05.
(4)
			 Conduct a hearing under s.
			 PI
			 1.07.
(5)
			 Issue a decision based on a review of the record of a hearing held before the
			 local education agency.
(6) Issue
			 protective orders or grant temporary relief as deemed necessary by the state
			 superintendent to preserve the rights of any party prior to the issuance of a
			 final decision or order.
(7)
			 Arrange for mediation under s.
			 PI
			 1.06.
(8)
			 Direct the complainant to exhaust any administrative remedies available before
			 the local education agency.
(9)
			 Conduct a desk review.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.05 - Investigations

Current through June 24, 2024
(1) If the state superintendent determines
			 under s.
			 PI
			 1.04(3) to conduct an investigation,
			 the investigation may include an on-site review or any other activity which the
			 state superintendent deems appropriate.
(2) The state superintendent may determine
			 whether reasonable grounds exist for believing that the matter asserted by the
			 complainant or appellant is probably true, and may issue a finding to that
			 effect.
(3) During the
			 investigation, the state superintendent may keep the identity of the
			 complainant in confidence if, in the state superintendents' judgment,
			 disclosure of the complainant's identity would be likely to subject the
			 complainant to retaliatory action or would otherwise jeopardize the
			 investigation.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.06 - Mediation

Current through June 24, 2024
(1) Prior to holding a hearing regarding a
			 complaint or an appeal, the state superintendent may attempt to resolve the
			 matter through mediation if the parties agree. The state superintendent shall
			 appoint the mediator. If the parties agree to a negotiated settlement, the
			 mediator shall notify the state superintendent of the terms of the settlement
			 and the state superintendent shall find that the matter is resolved. If the
			 parties are unable to agree to a negotiated settlement, the state
			 superintendent shall determine which other procedures under s.
			 PI
			 1.04 to follow.
(2) The mediation sessions shall be conducted
			 at the discretion of the mediator, except that if a negotiated settlement has
			 not been reached within 90 days after the mediator received the complaint or
			 appeal, the mediator shall either request an extension of time or inform the
			 state superintendent that the mediation effort is unsuccessful.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.07 - Hearings

Current through June 24, 2024
(1) WHEN HELD. The state superintendent shall
			 conduct a hearing when required by the statute or rule under which the
			 complaint or appeal is filed or when required under s.
			 227.42,
			 Stats. The state superintendent may conduct a hearing in other matters if he or
			 she deems it is appropriate.
(2)
			 NOTICE. Except in case of emergency, as determined by the state superintendent,
			 at least 10 days prior to the hearing the state superintendent shall mail to
			 the parties, by certified mail, written notice of hearing stating the time,
			 date and place of the hearing, the nature of the case, a general statement of
			 the issues to be heard and the procedures to be followed. The parties may by
			 mutual consent waive the right to notice. The state superintendent may postpone
			 the hearing in the case of exceptional circumstances.
(3) HEARING EXAMINER. The state
			 superintendent shall preside over the hearing or appoint a hearing examiner.
			 The state superintendent may not appoint any person as hearing examiner who has
			 been involved, either directly or indirectly, with the action or decision which
			 is the subject of the complaint or appeal.
(4) CONDUCT OF HEARING.
(a) If the state superintendent determines
			 that the matter is a contested case under s.
			 227.01(3),
			 Stats., the hearing shall be conducted under procedures specified under subch.
			 III of ch. 227, Stats., and this chapter.
(b) The hearing examiner shall have the
			 powers specified under s.
			 227.46,
			 Stats., regardless of whether the matter is being treated as a contested case
			 under ch. 227, Stats.
(c) If the
			 local education agency fails to appear at the hearing, the hearing examiner may
			 proceed with the hearing.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.08 - Decision

Current through June 24, 2024
Following the hearing of a contested case under ch. 227,
				Stats., and when otherwise required by statute or rule, the decision of the
				state superintendent or hearing examiner shall be in writing stating separate
				findings of fact and conclusions of law. The decision may order remedies which
				the state superintendent or hearing examiner determines appropriate, and may or
				may not include the relief sought by the complainant or appellant. Decisions
				shall be served on all parties by mailing a copy to each party's last known
				address along with a notice of any right to further review as may be provided
				by the statute or rule under which the complaint is filed or ss.
				227.52
				to
				227.57,
				Stats.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.09 - Withdrawal, failure to prosecute

Current through June 24, 2024
(1) WITHDRAWAL. At
			 any time prior to the issuance of a final decision, the complainant or
			 appellant may withdraw the complaint or appeal in writing. Upon receiving such
			 a request, the state superintendent shall issue an order dismissing the matter
			 without prejudice.
(2) FAILURE TO
			 PROSECUTE. The state superintendent may dismiss any complaint or appeal if any
			 of the following occurs:
(a) The complainant
			 or appellant fails to respond within 20 days to correspondence, sent by U.S.
			 mail or electronic mail to his or her last known address, from or on behalf of
			 the state superintendent concerning the complaint or appeal.
(b) The complainant or appellant fails to
			 appear at the hearing.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.10 - Rights to further review

Current through June 24, 2024
(1) Upon the request of either party, the
			 state superintendent may reopen a complaint or appeal which was resolved
			 informally or through mediation. If the state superintendent reopens the
			 complaint or appeal, he or she shall determine which procedures under s.
			 PI
			 1.04 to follow.
(2) Final decisions issued by the state
			 superintendent shall specify any rights the parties may have to judicial review
			 under ch. 227, Stats., or other statute or rule.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 1 - Complaint Resolution And Appeals › Section PI 1.11 - Food and nutrition appeals

Current through June 24, 2024
(1) APPLICABILITY.
			 Notwithstanding ss.
			 PI
			 1.03, 1.04, and 1.07, this section governs appeals
			 filed under 7 CFR part 210, 215, 220, 225, or 226.
(2) WHO MAY REQUEST. A person or institution
			 adversely affected by an action of the department under 7 CFR part 210, 215,
			 220, 225, or 226 may request a desk review or a contested case hearing on that
			 action.
(3) REQUEST FORM. In order
			 to be considered, a request under sub. (2) shall be filed with the office of
			 legal services within 15 days of the date of the department's action on a form
			 provided by the department.
Note:
A request for a desk review or 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
(4) GRANTING A REQUEST. The department shall
			 grant a request for desk review or contested case hearing if all of the
			 following apply:
(a) The department has
			 jurisdiction over the matter.
(b)
			 The request for a desk review or contested case hearing complies with the
			 requirements under subs. (2) and (3).
(c) The requestor is entitled to a desk
			 review or contested case hearing under s.
			 227.42,
			 Stats., and 7 CFR part 210, 215, 220, 225, or 226.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 2 - School District Boundary Appeals › Section PI 2.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Affected school district" has the meaning given in s.
			 117.03(1),
			 Stats.
(2) "Appeal panel" has the
			 meaning given in s.
			 117.03(2),
			 Stats.
(3) "CESA" means a
			 cooperative educational service agency created under ch. 116, Stats.
(4) "Notice of appeal" means an appeal filed
			 with the secretary of the SDBAB under s.
			 117.12(4)
			 or
			 117.13(3),
			 Stats.
(5) "Petition for review"
			 includes any of the following actions:
(a) A
			 school board directive for the holding of a referendum under s.
			 117.08(3) (a)
			 1, Stats.
(b) Filing of a petition for a referendum
			 under s.
			 117.08(3) (a)
			 2, Stats.
(c) A school board request for SDBAB review
			 under s.
			 117.09(5)
			 (c) or (d), Stats.
(d) A school board adoption of a resolution
			 to dissolve the school district under s.
			 117.10(2),
			 Stats.
(e) A school board request
			 for SDBAB review under s.
			 117.132(4)
			 (a) 1, Stats.
(f) Filing of a petition for SDBAB review
			 under s.
			 117.132(4)
			 (a) 2, Stats.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 2 - School District Boundary Appeals › Section PI 2.03 - State superintendent's responsibilities

Current through June 24, 2024
Upon receipt of a notice of appeal or a petition for review,
				the state superintendent shall:
(1)
			 Collect a filing fee as specified in s.
			 117.05(9),
			 Stats. Annually, the state superintendent shall establish a filing fee
			 sufficient to cover the expenses of convening the school district boundary
			 appeal board and the appeal panel, as follows:
(a) The fee for appeal to the SDBAB shall be
			 based on the estimated cost of convening the SDBAB for one day for one appeal.
			 If, due to circumstances such as more than one appeal being heard by the SDBAB
			 in one day or annual revenues exceeding annual expenditures, the state
			 superintendent may refund a portion of the fee prorated among the persons who
			 paid the filing fee.
(b) The fee
			 for appeal to the appeal panel under s.
			 117.12(4),
			 Stats., shall be based on the estimated cost of convening the appeal panel for
			 one day for one appeal. If, due to circumstances such as more than one appeal
			 being heard by the appeal panel in one day or annual revenues exceeding annual
			 expenditures, the state superintendent may refund a portion of the fee prorated
			 among the persons who paid the filing fee.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 2 - School District Boundary Appeals › Section PI 2.04 - Submission of materials to the school district boundary appeal board

Current through June 24, 2024
(1) The clerk
			 of the school board of an affected school district shall submit the following
			 materials to the secretary of the SDBAB:
(a)
			 Any reorganization order filed as required under s.
			 117.17,
			 Stats.
(b) Fees collected under s.
			 117.05(9)
			 (b), Stats.
(c) A certified copy of any resolution
			 related to any reorganization proceeding under ch. 117, Stats.
(d) The original or a certified copy of any
			 petition or school district order for a referendum under s.
			 117.08(3)
			 (a),
			 117.09(3)
			 (a),
			 117.10(3)
			 (a) or
			 117.11(4)
			 (a), Stats.
(e) The original or a certified copy of a
			 petition filed under s.
			 117.12(2),
			 Stats.
(f) A copy of the notice of
			 any school board hearing on a petition or a resolution for reorganization;
			 transcribed minutes, transcribed stenographic record, or transcribed electronic
			 record of hearing; and a correct copy of all exhibits and data submitted at the
			 hearing. If the hearing was a joint hearing, the clerk of the school board from
			 which territory is proposed to be detached shall submit the
			 information.
(g) A copy of the
			 notice for referendum and certified statement of the results of the referendum,
			 as specified in s.
			 117.20(2),
			 Stats.
(h) Any written statement of
			 facts and other relevant matters relating to a proposed
			 reorganization.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 2 - School District Boundary Appeals › Section PI 2.05 - School district boundary appeal board

Current through June 24, 2024
(1) COMPOSITION AND
			 LENGTH OF TERMS.
(a) Section
			 15.375(2),
			 Stats., requires the state superintendent of public instruction to appoint 12
			 school board members to serve on the school district boundary appeal board. As
			 further specified in s.
			 15.375(2),
			 Stats., 4 members of the SDBAB shall be school board members from small school
			 districts, 4 members shall be school board members from medium school districts
			 and 4 members shall be school board members from large school districts. No 2
			 school board members of the SDBAB may reside within the boundaries of the same
			 CESA. One member of the board shall be the state superintendent or the state
			 superintendent's designee.
(b)
			 Members of the SDBAB shall be appointed to staggered 2-year terms.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 5 - High School Equivalency Diplomas And Certificates Of General Educational Development › Section PI 5.01 - Intent statement

Current through June 24, 2024
(1) Under s.
			 115.29(4)
			 (a), Stats., the state superintendent may
			 issue a high school equivalency diploma to a person who, in the state
			 superintendent's judgment, has presented satisfactory evidence of having
			 completed a recognized high school course of study or its equivalent; and the
			 state superintendent may establish the standards by which high school
			 graduation equivalency may be determined. The purpose of the high school
			 equivalency diploma is to provide a credential to adults who did not graduate
			 from high school and are unable to receive a high school diploma from their
			 school district of residence, but are able to demonstrate attainment of
			 credits, knowledge, and skills that are equivalent to those which would be
			 attained in a high school program of study. This chapter sets forth criteria
			 for determining that equivalency, based on s.
			 118.33,
			 Stats., the high school graduation standards, and s.
			 121.02(1)
			 (m), Stats., the education for employment
			 standard. The age eligibility requirements are intended to aid school districts
			 in serving children at risk by discouraging youths from dropping out of school
			 to pursue the high school equivalency diploma.
(2) This chapter also provides for the
			 granting of a certificate of general educational development to a person who
			 achieves passing scores, as determined by the state superintendent, on the
			 general educational development test but has not met the additional
			 requirements for the high school equivalency diploma.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 5 - High School Equivalency Diplomas And Certificates Of General Educational Development › Section PI 5.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Certificate of general educational development" means the certificate granted
			 to a person who has achieved a passing score on the general educational
			 development test.
(2) "College" or
			 "university" means an institution which is accredited on a degree granting
			 level by an accrediting agency which is listed by the United States department
			 of education as a nationally recognized accrediting agency.
(3) "Community-based organization" means a
			 private nonprofit organization which is representative of a community or a
			 significant segment of a community and which provides educational and job
			 training services.
(4) "Course"
			 means study which has the fundamental purposes of developing the knowledge,
			 concepts, and skills in a subject; and evaluation of the degree of attainment
			 of the knowledge, concepts and skills.
(5) "Department" means the Wisconsin
			 department of public instruction.
(6) "General educational development test"
			 means the test developed by GED Testing Service and administered in Wisconsin
			 at testing sites approved by the state superintendent and GED Testing
			 Service.
(6m) "Graduated from high
			 school" for purposes of compulsory attendance under s.
			 118.15(1)
			 (a), Stats., means having received a diploma
			 in satisfaction of school board requirements under s.
			 118.33,
			 Stats., or a high school equivalency diploma under s.
			 115.29(4)
			 (a), Stats.
(7) "High school credit" means the credit
			 given for successful completion of a school term of study in one course in the
			 high school grades that meets daily for a normal class period or the equivalent
			 in time, or a high school level correspondence course, or a high school level
			 course offered in a TCS district or college or university program.
(8) "High school diploma" means the diploma
			 granted by a public or private high school to a person who has successfully
			 completed the program of study required by the public school board or private
			 high school.
(9) "High school
			 equivalency diploma" means the diploma granted by the state superintendent
			 under s.
			 115.29(4)
			 (a), Stats., and this chapter.
(10) "Post-secondary credit" means the credit
			 given for successful completion of a course in a college, university, or TCS
			 district which meets requirements for the institution's post-secondary
			 certificate, diploma, or associate, bachelors' or advanced degree.
(10m) "Residential program" includes any of
			 the following:
(a) The Challenge Academy
			 program under s.
			 321.03(1)
			 (c), Stats.
(b) A federal job corps program under
			 29
			 USC 3193.
(c) A secure residential facility for
			 youth.
Wisconsin Administrative Code › Department of Public Instruction › Chapter PI 5 - High School Equivalency Diplomas And Certificates Of General Educational Development › Section PI 5.03 - Eligibility

Current through June 24, 2024
No person may be granted a high school equivalency diploma or
				certificate of general educational development unless that person verifies in
				writing that he or she:
(1) Is a
			 resident of Wisconsin for voting purposes, or has lived in Wisconsin for at
			 least 10 days, or is a migrant worker, as defined in s.
			 103.90(5)
			 (a), Stats., or is the child of a migrant
			 worker.
(2) Is at least 18 years
			 and 6 months of age, or that the class with which the person entered grade 9
			 has graduated from high school.
(3)
			 Has not graduated from high school and is not enrolled in any public or private
			 high school.
(4) Has completed a
			 counseling session or sessions provided by a high school, TCS district,
			 community-based organization, college, university, psychologist licensed by the
			 department or the department of safety and professional services, or a school
			 counselor licensed by the department. The sessions shall include all of the
			 following:
(a) Assessment of the person's
			 reading level and career interests and aptitudes.
(b) Discussion of the options available to
			 the individual regarding completion of high school, the high school equivalency
			 diploma, and the certificate of general educational development, and the
			 requirements, expectations, benefits and limitations of each option.
(c) Development of a plan for completion of
			 one of the options discussed, and subsequent activities necessary to work
			 toward an identified goal, career or occupation.