LRB-1741/1
RPN:kjf:nwn
2007 - 2008 LEGISLATURE
May 29, 2007 - Introduced by Representatives Albers, Vos, Hahn, Townsend and
Owens, cosponsored by Senators A. Lasee and Roessler. Referred to
Committee on Judiciary and Ethics.
AB368,1,2
1An Act to amend 227.53 (1) (a) 2.; and
to create 227.53 (1) (a) 2m. of the statutes;
2relating to: the time period to petition to review an administrative decision.
Analysis by the Legislative Reference Bureau
Under current law, as interpreted by the Wisconsin Court of Appeals in Collins
v. Policano, 231 Wis. 2d 420, 605 N.W. 2d 260 (Ct. App. 1999), and Hedrich v. Board
of Regents of the University of Wisconsin System, 248 Wis. 2d 204, 635 N.W.2d 650,
(Ct. App. 2001), a person has six months after the date of service of an administrative
decision in a noncontested case to seek judicial review of the decision. Currently, a
person must appeal an administrative decision in a contested case within 30 days
after the date of service of the administrative decision. A contested case is an agency
proceeding in which the assertion of a party of a substantial interest is denied or
challenged by another party and, after a hearing, a substantial interest of a party is
determined or adversely affected by an agency decision or order. All others are
noncontested cases.
This bill requires a person to appeal an administrative decision within 30 days
after the date of service of the administrative decision in both contested and
noncontested cases.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB368, s. 1
3Section
1. 227.53 (1) (a) 2. of the statutes is amended to read:
AB368,2,9
1227.53
(1) (a) 2. Unless a rehearing is requested under s. 227.49, petitions for
2review
under this paragraph of contested cases shall be served and filed within 30
3days after the service of the decision of the agency upon all parties under s. 227.48.
4If a rehearing is requested under s. 227.49, any party desiring judicial review
under
5this subdivision shall serve and file a petition for review within 30 days after service
6of the order finally disposing of the application for rehearing, or within 30 days after
7the final disposition by operation of law of any such application for rehearing. The
830-day period for serving and filing a petition under this
paragraph subdivision 9commences on the day after personal service or mailing of the decision by the agency.
AB368, s. 2
10Section
2. 227.53 (1) (a) 2m. of the statutes is created to read:
AB368,2,1511
227.53
(1) (a) 2m. Petitions for review of cases other than contested cases shall
12be served and filed within 30 days after the service of the decision of the agency upon
13all parties under s. 227.48 (1). The 30-day period for serving and filing a petition
14under this subdivision commences on the day after personal service or mailing of the
15decision by the agency.
AB368,2,1817
(1) This act first applies to agency decisions made on the effective date of this
18subsection.
