Wis. Admin. Code Historical Society HS 1.04 - Appeals
(1) TIME FOR FILING. Any party in a hearing
under s. 157.70(5),
Stats., may appeal the determination of the director or the division of
hearings and appeals on whether to allow the disturbance of a cataloged burial
site to the board within 15 business days of when the notice of the
determination was mailed.
(2) FORM
FOR APPEAL. A petition for appeal shall be in writing to the Burial Sites
Preservation Board, State Historical Society of Wisconsin, 816 State Street,
Madison, WI 53706-1488 and shall contain:
(a)
Full name and address of the person making the appeal.
(b) A clear and concise statement of the
petitioner's objections and reasons for reconsideration of the decision made by
the director or division of hearings and appeals.
(3) NUMBER OF COPIES. The petitioner shall
submit an original and one copy of the petition for appeal and accompanying
documentation to the board. The petitioner shall also notify, by telephone, the
burial sites preservation office, at 1 (800) 342-7834, that the appeal was sent
by certified mail, return receipt requested.
(4) NOTICE OF APPEAL. After receiving a
petition for appeal, the board shall send one copy of the proceedings to all
other parties and respondents by certified mail, return receipt requested,
within 10 business days of receiving the petition for appeal.
(5) ANSWERS. A respondent shall file a
written response by certified mail, return receipt requested, with an original
and one copy, to the board within 10 business days of receipt of a copy of the
petition for appeal and shall state the respondent's position regarding the
points made in the appeal. The respondent shall also notify, by telephone, the
burial sites preservation office, at 1 (800) 342-7834, that the response was
sent by certified mail, return receipt requested. If the respondent fails to
file a timely response, the allegations of the petition for appeal may be taken
as true and the board may rule on the petition for appeal without further
notice or hearing.
(6) HEARINGS.
(a) The hearing shall be placed on the
calendar for the board's next scheduled meeting if the petition for appeal is
received at least 30 business days prior to the meeting. If received within 30
business days the board has the option to place the hearing on the agenda for
its next meeting if the time requirements in subs. (4) and (5) have been
met.
(b) The chairperson of the
board shall preside at the hearing unless the chairperson is the director and
it is the director's decision being appealed. In such cases, the vice chair
shall preside.
(c) The board shall
review the existing record and shall not accept evidence that was not
introduced at a previous hearing.
(d) The board may accept written or oral
arguments.
(7)
TRANSCRIPTS. The board shall make an electronic record of the proceedings.
Copies of tapes shall be provided at cost upon request.
Notes
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