(1) Any business which has been denied
certification, certification renewal, or recertification, or which has been
decertified, may submit a written request for a formal hearing under s.
Stats. The request shall be received by the department within 30 calendar days
of the mailing date of the administrator's notification. The request shall set
forth the grounds on which the business believes the decision is in error, and
shall include any additional information that the business has to offer. The
business shall submit the request for the formal hearing to the Office of the
Secretary, Department of Administration, P.O. Box 7864, Madison, WI 53707. The
business shall simultaneously file a copy of the request with the
(2) The department shall
schedule the formal hearing and shall send a written notice of the scheduled
hearing to all interested parties at least 10 calendar days prior to the
hearing date. The notice shall specify the date, time and location of the
hearing. Interested parties shall include all persons who signed the
application for certification or recertification.
The hearing shall be conducted pursuant
, Stats. Both the
business and the department may present evidence, subpoena witnesses and
records, and cross-examine witnesses. The business and the department may be
represented by counsel.
Note: Under ch. 227, Stats, the department may designate an
official of the department or an employee on its staff or borrowed from another
state agency as a hearing examiner to preside over a contested case.
(4) Within 20 business days after
the conclusion of the hearing, the department shall make a decision based on
findings of fact and conclusions of law, except as provided in sub.
(5) The secretary may delegate
the authority to make the final decision to the hearing examiner of another
state agency. When this authority is delegated, the hearing examiner's decision
shall be the final administrative decision of the department.
(6) Within 30 business days after the
conclusion of the hearing, the department shall notify the affected business
and the departments of administration and transportation of the final decision
regarding certification, certification renewal, recertification or