Section DHS 110.59 - Appeals(1) RIGHT TO APPEAL. An enforcement action taken by the department under s. DHS 110.57 or 110.58 is subject to review under ch. 227, Stats. To request a hearing under ch. 227, Stats., an aggrieved person shall submit a written request to the department of administration's division of hearings and appeals within 30 calendar days after the date of the department's action.(2) APPEAL PROCESS. (a)Filing date. A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. A request for a hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals. A request for a hearing that is transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and at the time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.(b)Content of appeal. Appeals shall contain the following information:1. The name and address of the person requesting the hearing.2. A description of the action that is being contested and a copy of the department's order or notice of action.3. A concise statement of the reasons for objecting to the action.4. The type of relief requested.5. A request for hearing.(c)Service on department. The person requesting a hearing shall submit a copy of the hearing request to the department the same day the request is filed with the division of hearings and appeals.(3) ADMINISTRATIVE HEARING. The division of hearings and appeals shall conduct an administrative hearing under s. 227.42, Stats., and ch. HA 1. Except as provided under s. DHS 110.57(4), a hearing shall be held with reasonable promptness and without undue delay in light of all the circumstances of the case, including the seriousness of the alleged violation and the time required for the department to complete an appropriate investigation into all the facts of the case and determine the proper enforcement action. The division shall give at least 10 days prior notification of the date, time and place for the hearing. The hearing examiner shall issue a proposed or final decision within 30 days of the hearing.Wis. Admin. Code Department of Health Services DHS 110.59
CR 10-085: cr. Register December 2010 No. 660, eff. 1-1-11.Amended by, correction in (Note) made under s. 35.17, Stats., Register September 2021 No. 789, eff. 10/1/2021A mailing address of the Division of Hearings and Appeals is PO Box 7875, Madison, WI 53705-5400. The division's fax number is 608-264-9885. A copy of the request shall be submitted to the department at 1 West Wilson St., Room, P.O. Box 2659, Madison WI 53701-2659 or faxed to 608-261-6392.