Current through November 25, 2024
Section ATCP 35.32 - Hearing on denial of reimbursement application(1) REQUEST FOR HEARING. A person adversely affected by the department's disapproval of a reimbursement application under s. ATCP 35.08(5) may, within 30 days after receiving notice of that disapproval, request a hearing before the department to contest that disapproval. A request for hearing shall be made in writing and shall specify the grounds for the request.(2) INFORMAL HEARING. (a) Within 10 business days after the department receives a request for hearing under sub. (1), the department shall hold an informal hearing in response to the request unless the requester agrees to a later date for the informal hearing. The informal hearing shall be held before a department employee or official who is authorized to reverse or modify the department's decision as necessary. The informal hearing shall be held by telephone or at a location determined by the department. (b) Within 10 business days after the conclusion of the informal hearing under par. (a), the presiding officer shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of the memorandum shall be provided to the person who requested the hearing. The memorandum shall include a notice of the person's right to request a formal contested case hearing under sub. (3). (3) FORMAL HEARING. If a contest related to the disapproval of a reimbursement application is not resolved after an informal hearing under sub. (2), a person adversely affected by the department's disapproval of the application may request a full contested case hearing on the disapproval. A request for a full contested case hearing shall be filed with the department, in writing, within 30 days after the date of the informal hearing under sub. (2).Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 35.32
Cr. Register, August, 1994, No. 464, eff. 9-1-94; am. (1) and (3), Register, September, 1998, No. 513, eff. 10-1-98.