Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.15 - Judicial review

Current through June 24, 2024
(1) INTERESTED PARTIES. Each person included
			 as a party by the hearing examiner who appeared before the hearing examiner in
			 the proceedings, including the department, may seek judicial review of the
			 final board decision. If, in the opinion of the secretary, the final decision
			 of an appeal results in violation of a fiduciary duty owed to the public
			 employee trust fund, the secretary shall seek judicial review of the board
			 decision.
(2) RESPONDENT FOR REVIEW
			 OF WISCONSIN RETIREMENT BOARD, TEACHERS RETIREMENT BOARD, GROUP INSURANCE BOARD
			 OR DEFERRED COMPENSATION BOARD DECISION. Unless otherwise expressly provided by
			 statute, final decisions of the Wisconsin retirement board, teachers retirement
			 board, group insurance board and deferred compensation board are subject to
			 judicial review as provided in s.
			 227.53,
			 Stats., and as follows:
(a)
Board is
			 respondent.
The petition for review shall name the board as the sole
			 respondent and shall be mailed by certified mail to the respective board or
			 personally served on a person designated by the board to serve as its agent to
			 accept personal service. The petitioner shall also serve copies of the petition
			 for review upon each party to the appeal before the board, or that party's
			 attorney of record.
(b)
Deadlines.
The following time limits shall be observed:
1. The petition for review is timely only if
			 filed with the court and served upon the board within 30 days. The 30 day
			 period commences on the day after the earlier of personal service upon the
			 party or mailing of the board's final decision to all parties. However, if the
			 party has requested a rehearing, the deadline for filing and serving the
			 petition for review is 30 days after the application for rehearing is finally
			 disposed of whether by action of the hearing examiner, board action or
			 operation of law.
2. Within 30 days
			 of instituting review proceedings, the petitioner shall serve a copy of the
			 petition for review upon each party to the appeal before the board, or that
			 party's attorney of record. The court may dismiss the petition for failure to
			 serve each party listed as a party for purposes of review in the board's final
			 decision. Service shall be by certified mail or, when service is admitted in
			 writing, by first class mail.
3.
			 Parties to the appeal before the board may participate in the review as
			 provided in s.
			 227.53,
			 Stats. Within 20 days of being served with the petition for review, a party may
			 serve upon the petitioner, the board and the attorney general a notice of
			 appearance. This notice shall clearly state the person's position with
			 reference to each material allegation in the petition for review and to the
			 affirmance, vacation or modification of the board decision under review. Proof
			 of service of the notice shall be filed with the clerk of the reviewing court
			 within 10 days after the service.
Note: See s.
				227.53,
				Stats., for details of judicial review proceedings and pleading.