Wisconsin Administrative Code › Department of Revenue › Chapter Tax 61 - Retailers › Section Tax 61.07 - Contract denial appeal procedure

Current through June 24, 2024
(1) If the
			 applicant was denied a contract, the administrator shall notify the applicant,
			 in writing, of the denial along with a brief statement why the applicant was
			 denied a contract. The applicant shall also be notified that a request for
			 reconsideration must be made by the applicant within 30 calendar days of the
			 denial and that the request shall contain the information in sub.
			 (2).
(2) Within 30 calendar days of
			 the mailing of the denial, the applicant may request a reconsideration by
			 filing with the administrator a written statement setting forth the applicant's
			 legal, factual or equitable arguments and submitting any supporting documents.
			 The request for reconsideration shall be deemed filed on the date it is
			 received by the administrator.
(3)
			 Within 20 calendar days of receipt of the request for reconsideration, the
			 administrator may, in writing, request the applicant to submit any additional
			 facts, legal and equitable arguments or documents that the administrator deems
			 necessary to make a determination.
(4) The Wisconsin lottery's legal counsel
			 shall compile a file containing all the material submitted by the applicant and
			 any relevant material the administrator may have, including but not limited to,
			 the completed application and credit check report. Legal counsel shall then
			 review the file, research, if necessary, the applicable laws and rules and
			 prepare an analysis and recommendation for the administrator's
			 consideration.
(5) The
			 administrator, after considering all the facts and arguments submitted by the
			 applicant, and legal counsel's recommendation, shall independently evaluate
			 whether to grant or deny the applicant a contract. Within 45 calendar days of
			 the administrator's receipt of the request for reconsideration or any
			 supplemental information and documentation requested, the administrator shall
			 notify the applicant, in writing, of the determination. If the applicant is
			 denied a contract, the notice shall include a written statement setting forth
			 the reasons for the denial and notifying the applicant of the right to a
			 hearing on the denial under s.
			 227.42,
			 Stats. The applicant shall be notified that a request for a hearing must be
			 made by the applicant within 20 calendar days and that the request must contain
			 the information in sub. (6).
(6)
			 Within 20 calendar days of the administrator's mailing of the final
			 determination, the applicant may request, in writing, a hearing under s.
			 227.42,
			 Stats. A request for a hearing shall be deemed filed on the date it is received
			 by the administrator. A request shall contain all of the following:
(a) The applicant's name and
			 address.
(b) The reasons why the
			 applicant requests a hearing.
(c)
			 The facts that the applicant intends to prove at the hearing.
(d) A description of the mistake the
			 applicant believes was made, if the applicant claims that the denial of
			 contract is based on a mistake in fact or in law.
(e) Any supporting documents not previously
			 submitted to the administrator.