Wis. Admin. Code Department of Justice Jus 11.10 - Review by attorney general
(1) PETITION FOR
REVIEW. After entry of a decision of the hearing examiner, any party who is
adversely affected by that decision may submit a written petition for review by
the attorney general of the record upon which that decision was based.
(a) The petition for review shall be served
upon the attorney general and upon all other parties to the action, either
personally or by certified mail, within ten days of the entry of the decision
of the hearing examiner.
(b) The
petition shall specify in detail the grounds for the review, the relief which
the petitioner seeks and citation to any supporting authorities.
(c) Papers and petitions under this section
shall be served in person or by mail and shall be addressed: Attorney General,
114 East State Capitol, Madison, WI 53702.
(2) DISCRETION. Within 14 days of receipt of
the petition for review, the attorney general shall issue an order either
granting or denying review of the decision. The attorney general shall not
delegate the review to anyone who has had prior involvement in either the
contested case hearing or decision-making process.
(a) If the order of the attorney general
denies review, the decision of the hearing examiner shall become the final
decision of the department.
(b) If
the order of the attorney general grants review, the attorney general may order
a transcript of the proceedings before the hearing examiner, the filing of
briefs, presentation of oral arguments, or rehearing of all or part of the
evidence presented at the original contested case hearing.
(3) LIMITATIONS. The petition for review by
the attorney general under this section is not a prerequisite for the petition
for rehearing under s.
227.49,
Stats., or under s.
227.52,
Stats. A petition for review pending under this section shall not in any manner
affect or extend the time limits for filing an action under ss.
227.49 and
227.52,
Stats.
(4) ATTORNEY GENERAL'S
DECISION. The attorney general's decision shall set forth the findings of fact
and conclusions of law which are at variance with, or in addition to, the
determinations of the hearing examiner. The decision shall state the evidence
relied on and the reasons for the decision.
Notes
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