Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 3 - Program Administration; General › Subchapter I - Environmental mpact Statements and Assessments › Section ATCP 3.04 - Public hearing on proposed action

Current through June 24, 2024
(1) GENERAL HEARING
				  REQUIREMENT; EXCEPTIONS. Whenever the department determines that a proposed
				  action is a major action significantly affecting the quality of the human
				  environment within the meaning of s.
				  1.11(2)
				  (c), Stats., it shall hold a public hearing
				  on the proposed action prior to making a final decision to proceed with the
				  action, as required by s.
				  1.11(2)
				  (d), Stats. A public hearing held pursuant to
				  another statutory requirement fulfills the hearing requirement under this
				  section. This subsection does not apply to proposals for legislation, or
				  emergency actions taken in compliance with s.
				  ATCP 3.03(1)
				  (b) and other applicable laws.
(2) NOTICE OF HEARING. Hearings under sub.
				  (1) shall be preceded by notice published in the form of a class 1 notice under
				  ch. 985, Stats., at least 10 days prior to the date of hearing. Notice under
				  this subsection may be included in a hearing notice required by another
				  statute.
(3) FORM OF HEARINGS;
				  HEARING RECORD; CROSS-EXAMINATION IN CONTESTED CASES.
(a) Hearings on proposed actions shall be
				  conducted in the manner of rulemaking hearings under s.
				  227.18,
				  Stats., except as otherwise provided by law. Hearings shall be held, to the
				  extent feasible, in the area affected by the proposed action.
(b) Whenever an environmental impact
				  statement is prepared in connection with a proposed action, a copy of the
				  environmental impact statement shall be admitted into the record in hearings
				  held under this section. Whenever an environmental impact statement is admitted
				  into the record in a contested case hearing, persons preparing or submitting
				  information for the environmental impact statement may be required to respond
				  to cross-examination by parties to the case, pursuant to s.
				  227.45(6),
				  Stats.
(c) Persons claiming to be
				  adversely affected by a department action, other than a rulemaking action or
				  proposal for legislation, may petition the department for a contested case
				  hearing on the department action under s.
				  227.42,
				  Stats. The department shall afford a contested case hearing in response to a
				  petition if the requirements of s.
				  227.42,
				  Stats., are met. The department may order the consolidation of contested case
				  proceedings as the department deems appropriate. Parties to a contested case
				  hearing shall be afforded the opportunity for cross-examination and discovery,
				  to the extent provided under s.
				  227.45,
				  Stats., and ch. ATCP 1. This paragraph does not limit any other right to a
				  contested case hearing to which a person may be entitled by law; nor does it
				  limit any discretion which the department may have to afford a contested case
				  hearing not required by law.