Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter I - Administration and Enforcement › Section ATCP 93.190 - Appeals and hearings on enforcement decisions

Current through June 24, 2024
(1) HEARINGS.
(a)
General.
The owner or
				  operator of a tank system may request a hearing with the department, as
				  specified in s.
				  ATCP
				  1.06, on any decision affecting that person's legal
				  rights, including enforcement orders and any petition for variance,
				  material-approval, or permit decision issued under the scope of this
				  chapter.
(b)
Appeal
				  requirements.
1. All appeals of
				  enforcement orders issued under this chapter shall be in writing and shall be
				  received by the department no later than 15 calendar days after the date of the
				  enforcement order or decision being appealed, except as provided in subd.
				  2.
2. All appeals of petitions for
				  variance or material-approval or permit decisions issued under 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.
3. The department may make a determination
				  not to proceed with a request for a hearing depending on the nature of the
				  issue being appealed.
4. Appeals
				  received after the appeal deadline shall be dismissed.
5. For purposes of this section, appeals
				  filed after 4:30 p.m. shall be considered received on the next business day.
Note:
The appellant or an attorney
					 representing the appellant may request an administrative hearing to review this
					 action by delivering, mailing, or faxing a written request for a hearing to one
					 of the following:
In-person delivery address:
Department of Agriculture, Trade and Consumer
					 Protection
2811 Agriculture Drive
Madison, Wisconsin 53708
Mailing address:
Secretary of Department of Agriculture, Trade and Consumer
					 Protection
PO Box 8911
Madison WI 53708-8911
6. 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.
7. The written appeal shall list every reason
				  the department's or authorized agent's decision is incorrect and shall identify
				  every issue to be considered at the hearing. Issues not raised in the written
				  appeal under this paragraph are considered waived and shall be dismissed.
(c)
Response.
Upon receipt of notification of hearing from the
				  department, the affected party shall submit to the department a written
				  response within 15 calendar days of the date of service. Failure to respond
				  within the prescribed time limit or failure to appear at the scheduled hearing
				  may result in the allegations specified in the complaint being accepted as true
				  and accurate.
(d)
Settlement agreement prior to hearing.
1. If the department and the affected party
				  are able to reach preliminary agreement on disposition of a complaint prior to
				  a hearing, such agreement shall be processed in accordance with all of the
				  following:
a. Be transmitted in writing to
				  the secretary of the department or the person so designated by the
				  secretary.
b. Not be binding upon
				  any party until accepted by the secretary of the department or the person so
				  designated by the secretary.
2. The settlement agreement shall be
				  considered a joint motion by the parties to dismiss the appeal in its entirety
				  with prejudice or to dismiss such portions of the appeal with prejudice as may
				  be covered by the terms of the settlement agreement.
(e)
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.