1. (1) Who may request. A person adversely affected by a department action may request a contested case hearing on that action. A request for a contested case hearing shall be filed with the secretary and shall comply with sub. (2). A request for hearing on a department action does not automatically stay or modify that action.

   Note: See s. 227.42, Stats., and s. ATCP 1.03 (3). A request for hearing may be filed with the secretary at the following address:

   Secretary

   Wisconsin Department of Agriculture, Trade and Consumer Protection

   2811 Agriculture Drive

   P.O. Box 8911

   Madison, WI 53708-8911

2. (2) Request form and contents.

   1. (a) A contested case hearing request under sub. (1) shall be in writing and shall describe all of the following:

      1. 1. The department action on which a hearing is requested.
      2. 2. The requester’s substantial interest claimed to be adversely affected.
      3. 3. How the department’s action adversely affected the requester’s substantial interest.
      4. 4. The grounds for the hearing request, including material facts or legal issues that are in dispute.
      5. 5. The relief sought.
   2. (b) The secretary may require the requester to file additional clarifying information, as necessary for the secretary to decide whether to grant or deny a hearing request.

3. (3) Granting or denying request.

   1. (a) The secretary shall grant or deny a contested case hearing request under sub. (1) within 20 days after a complete request is filed, unless the requester agrees to an extension or time. The secretary may grant a contested case hearing request if, upon preliminary review, it appears that the department has jurisdiction over the matter and that a contested case proceeding is warranted under s. 227.42, Stats., or other applicable law.

   2. (b) If the secretary grants a hearing request under sub. (1), the secretary shall initiate a contested case proceeding by issuing a hearing notice under s. ATCP 1.20.

      Example: Acme Foods, Inc. requests a hearing on the denial of a retail food establishment license for which Acme has applied. A hearing notice granting the request may be captioned as follows:

      - See PDF for table

   3. (c) If the secretary denies a hearing request under sub. (1), the secretary shall issue a written denial notice to the person who requested the hearing. The denial notice shall comply with the provisions of s. ATCP 1.31. The denial is subject to judicial review, to the extent provided under ss. 227.42 (2) and 227.52, Stats.

   4. (d) Notwithstanding par. (a):

      1. 1. A party may move for dismissal of a contested case at any point in a contested case proceeding.

      2. 2. The final decisionmaker may dismiss a contested case at any point in a contested case proceeding if the final decisionmaker determines, based on the record, that the proceeding should be dismissed for lack of jurisdiction or other reasons.

         Note: For example, based on a party’s pre-hearing motion, the administrative law judge and final decisionmaker may conclude that a contested case should be dismissed for jurisdictional or other reasons notwithstanding the secretary’s action under par. (a).

History

History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1), correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482, eff. 3-1-96; CR 09-054: am. (1), (3) (title), (a), r. and recr. (2), cr. (3) (d) Register December 2010 No. 660, eff. 1-1-11; CR 22-062: am. (3) (a) Register April 2023 No. 808, eff. 5-1-23.