Wis. Admin. Code Department of Employee Trust Funds § ETF 11.15 - Judicial review

(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.

(3) RESPONDENT FOR REVIEW OF ETF BOARD DECISION. Final decisions of the employee trust fund board are subject to judicial review only by certiorari. The certiorari petition or complaint shall name the employee trust funds board as the respondent and shall be filed in Dane county, where the board is deemed to reside.

Note: In the absence of a statutory deadline for filing the certiorari petition, see State ex rel Casper v. Board of Trustees, 30 Wis. 2d 170, 140 N.W. 2d 301 (1966) which sets a 6 month deadline.

(4) AGENT FOR SERVICE UPON BOARD. Except as provided in this subsection, no person or employee of the department is authorized to accept service for the board. From time to time the board may by motion designate a person, either by name or position, as agent to accept personal service for the board. Persons holding the following positions, whose names shall be disclosed by the department upon request, are designated as agents to accept personal service on behalf of the board:
(a) The general counsel of the department.
(b) The division administrator or program director administering the particular program which is the subject matter of the underlying appeal to the board.
(c) The deputy secretary of the department.
(d) The secretary of the department or his or her designees.

Notes

Wis. Admin. Code Department of Employee Trust Funds § ETF 11.15
Cr. Register, June, 1992, No. 438, eff. 7-1-92; CR 09-048: am. (4) (a), cr. (4) (c), (d) Register May 2010 No. 653.

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