(1) An applicant
whose application for assistance is not awarded funding may request that the
department review the process by which it reviewed the application.
Note: Specific allegations shall be sent to
Director, Bureau of Transit & Local Roads, P.O. Box 7913, Madison, WI
53707-7913, with a copy sent to the affected applicant.
(2) A request for department review under
sub. (1) shall be made in writing and shall be filed with the department within
14 days of the department's notification of non-award.
(3) If the department receives a request for
review of an application for assistance under this chapter, the chief of the
transit section shall conduct the department review.
(4) In conducting its review, the department
may consider only an applicant's compliance with applicable state and federal
procedural requirements.
(5) All
interested parties shall be given the opportunity to submit written or
documentary evidence and written arguments to the department. Interested
parties shall provide a copy of any written evidence, arguments, or
correspondence submitted to the department to all other parties involved in the
department review.
(6) The
department shall limit its review to consideration of written or documentary
evidence and written arguments. The formal contested case requirements in ch.
227, Stats., are not applicable to this review.
Note: A request for Department review under this
section is not a contested case as defined in s.
227.01(3),
Stats., and not subject to the contested case hearing requirement in s.
227.42,
Stats.
(7) In conducting
its review, the department may ask interested parties to provide additional
written information. The failure of any interested party to provide information
requested by the department, or to cooperate with the department in its review,
may result in dismissal of a request for review or denial of an application for
assistance.
(8) The chief of the
transit section shall submit a written recommendation to the director of the
bureau of transit, local roads, railroads and harbors, who shall issue a
written decision. A copy of the director's decision shall be provided to the
applicant and to the person requesting the department review.
(9) The decision of the director of the
bureau of transit, local roads, railroads and harbors, shall be the final
decision of the department and is not subject to further appeals or judicial
review.
