Wis. Admin. Code Department of Financial Institutions DFI-SB 20.01 - Appeals to the review board

(1) NOTICE OF HEARING. Upon receiving a properly executed notice of appeal stating grounds for review within the review board's jurisdiction, the review board shall request the division to make available to it the full public record of the matter appealed. The review board shall determine if a hearing is appropriate. If a hearing is appropriate, the review board shall, within 30 days of receiving the notice of appeal, serve a notice of hearing upon the appellant and each party to the matter appealed. The notice shall assign the time and place of the hearing, if any, and shall indicate whether briefs or oral arguments or both based upon the record will be allowed and whether additional evidence will be received.

(2) BRIEFS. When briefs are allowed by the review board:

(a) The appellant shall, within 15 days after receiving notice of hearing on appeal, file with the review board 8 copies of its brief and shall serve at least one copy upon each respondent. The appellant's brief shall contain:

1. A concise statement of the questions presented by the appeal.

2. A clear and concise statement of the facts relied upon by the appellant, including appropriate references to pages of the record when cited.

3. Argument in support of the appeal.

(b) Within 15 days after receiving a copy of the appellant's brief, or as otherwise directed by the review board, the respondent shall file with the review board 8 copies of its brief and shall serve at least one copy upon the appellant. The respondent's brief shall contain:

1. A concise statement of the questions presented by the appeal if the respondent disagrees with the appellant's statement of such questions.

2. A concise statement of any facts the respondent deems necessary to correct or amplify the appellant's statement of facts.

3. Argument in support of the respondent.

(3) DIVISION A PARTY TO CERTAIN APPEALS.

(a) Except as provided in par. (b), the division shall be deemed a party to each appeal to the review board.

(b) When an appeal is based upon a decision made by the division to grant or deny a certificate under s. 214.26(8), 214.27(2) or 214.772(4) (b), Stats., or to approve or disapprove an application under s. 214.04(26) or (27) or 214.06, Stats., the division shall be a party only to the extent that the appeal is based upon a procedural rule or ruling made by the division.

Notes

Wis. Admin. Code Department of Financial Institutions DFI-SB 20.01

CR Register, February, 1994, No. 458, eff. 3-1-94.

This section implements ss. 214.275, 214.78 and 214.785, Stats.