REQUEST. A person or school adversely affected by an action of the department
under this chapter or s.
Stats., may request a contested case hearing on that action. A request for a
contested case hearing shall be filed with the office of legal services within
14 days of the date of the department's action.
Note: See s.
Stats. A request for a contested case hearing may be filed with the office of
legal services at the following address:
Office of Legal Services
Wisconsin Department of Public Instruction
125 S. Webster St.
PO Box 7841
Madison, WI 53707-7841
A request for a contested case hearing under sub. (1) shall be in
writing and shall describe all of the following:
The department action on which a hearing is requested.
2. The requester's substantial interest
claimed to be adversely affected.
How the department's action adversely affected the requester's
grounds for the hearing request, including each of the specific material facts
or legal issues that are in dispute. Any material fact or legal issue that is
not disputed shall be deemed admitted.
The relief sought.
Upon the request of the department, the person or school who
filed a request for a hearing under sub. (1) shall provide the department with
any additional clarifying information the department determines is necessary to
decide whether to grant or deny a hearing request.
GRANTING OR DENYING REQUEST.
The department shall grant or deny a
request for a contested case hearing under sub. (1) within 20 days after a
request is filed, unless the person or school requesting the hearing agrees to
an extension of time. The department may grant a request for a contested case
hearing if, upon preliminary review, it appears that all of the following
1. The department has jurisdiction
over the matter.
2. The request for
a hearing complies with the requirements under subs. (1) and (2).
3. The requestor is entitled to a hearing
(b) Any action
taken by the department which is contested under sub. (1) shall remain in
effect until the state superintendent issues a final decision and order under
(a) Upon filing a written request with the
department, any party in a contested case hearing may obtain a written
transcript of the hearing. Except as provided in par. (b), the department shall
charge the requesting party the actual cost to produce the
(b) The department may
provide a written transcript free of charge to a requesting party if the
requesting party demonstrates, to the department's satisfaction, that the
requesting party is indigent and has a legal need for the transcript.