AB150-ASA1-AA4,65,2413
195.60
(4) (a) Within 30 days after the date of the mailing of any bill as provided
14by subs. (1) and (2), the railroad against which such bill has been rendered may file
15with the
office division of hearings and appeals objections setting out in detail the
16grounds upon which the objector regards the bill to be excessive, erroneous, unlawful
17or invalid. The
office division of hearings and appeals, after notice to the objector,
18shall hold a hearing upon such objections, not less than 5 nor more than 10 days after
19such notice. If after such hearing the
office division of hearings and appeals finds
20any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its
21findings
upon its minutes with respect to the objections and transmit to the objector
22an amended bill, in accordance with such findings. The amended bill shall have in
23all ways the same force and effect under this section as an original bill rendered
24under subs. (1) and (2).
AB150-ASA1-AA4,66,42
195.60
(4) (b) If after the hearing the
office division of hearings and appeals 3finds the entire bill unlawful or invalid, it shall notify the objector of such
4determination, in which case the original bill shall be deemed void.
AB150-ASA1-AA4,66,96
195.60
(4) (c) If after the hearing the
office division of hearings and appeals 7finds that the bill as rendered is neither excessive, erroneous, unlawful or invalid,
8either in whole or in part, it shall record such findings
upon its minutes with respect
9to the objections, and transmit to the objector notice of such finding.".
AB150-ASA1-AA4,66,12
10145. Page 1571, line 15: delete "office has been mailed to the objector, the
11office" and substitute: "
office division of hearings and appeals has been mailed to the
12objector, the
office department".
AB150-ASA1-AA4,66,2216
195.60
(6) No action for recovery of any amount paid under this section shall
17be maintained in any court unless objections have been filed with the
office division
18of hearings and appeals as provided in this section. In any action for recovery of any
19payments made under this section the claimant shall be entitled to raise every
20relevant issue of law, but the
office's findings of fact
of the division of hearings and
21appeals made pursuant to this section shall be prima facie evidence of the facts
22therein stated.
AB150-ASA1-AA4,67,53
195.60
(7) Determinations of fact expressed in bills rendered under this
4section
; and shall be considered to be findings of fact of the division of hearings and
5appeals, within the meaning of this section.
AB150-ASA1-AA4,68,612
197.10
(4) Insofar as the use, operation, service, management, control, sale,
13lease, purchase, extension, improvement, rates, value or earnings of the properties
14of the public utility or provisions looking toward the ultimate acquisition of the same
15are made subject to the terms of any contract provided for in sub. (1), and so long as
16said contract remains in force, the following sections of the statutes shall be
17inapplicable to the same: ss.
195.05, 195.10, 196.02 (1) and (2), 196.05, 196.09,
18196.10, 196.11, 196.15, 196.16, 196.19 (6), 196.20, 196.21, 196.22, 196.26, 196.28,
19196.30, 196.37, 196.39, 196.40, 196.58, 196.70, 197.01 (2) to (4), 197.02, 197.03,
20197.04, 197.05, 197.06, 197.08 and 197.09; provided that nothing in any contract
21made hereunder shall operate to prevent an appeal to the public service commission
22by any person, other than a party to said contract, upon any complaint alleging that
23any rate, fare, charge or classification, or any joint rate, or any regulation, act or
24practice relating to the production, transmission, delivery or furnishing of gas, heat,
1light or power, or any service in connection therewith, is unjustly discriminatory, or
2that any such service is inadequate or cannot be obtained. Upon said appeal the
3commission shall, as provided by law, determine and by order fix a rate, fare, charge,
4classification, joint rate or regulation, act or practice or service to be imposed,
5observed or followed in the future in lieu of that found to be unjustly discriminatory
6or inadequate.".
AB150-ASA1-AA4,68,209
226.025
(3) The appointment of the secretary of state or the designation of a
10resident agent as attorney for the service of summons, notice, pleadings or process
11under s. 180.1507 shall be applicable only to actions or proceedings against the
12foreign corporations described in this section (unless such corporations have been
13admitted to this state for purposes other than those mentioned in this section) where
14the cause of action or proceeding arises out of transactions between such foreign
15corporations and public utilities operating in this state with which such foreign
16corporations are affiliated; and to actions or proceedings by or before the public
17service commission
or office of the commissioner of railroads involving the
18transactions described in sub. (1), or involving the relation between such foreign
19corporations and public utilities operating in this state with which they are
20affiliated.
AB150-ASA1-AA4,68,2422
227.01
(13) (s) Prescribes or relates to a uniform system of accounts for any
23person, including a municipality, that is regulated by the
office of the commissioner
24of railroads or the public service commission.".
AB150-ASA1-AA4,69,74
227.43
(1) (bk) Assign a hearing examiner to preside over any hearing or review
5under ss. 26.20 (3) and (10), 84.05, 88.66 (2), 88.87 (4), 88.88 (2), 190.02 (6), 190.16
6(4) and (5), 192.324, 192.34, 192.52, 192.56, 195.28 (1), 195.285 (1), 195.29 (10),
7195.295, 195.30 (1), 195.305, 195.31, 195.32, 195.325 and 195.60.
AB150-ASA1-AA4,69,119
227.43
(5) The department of transportation shall pay all costs of the services
10of a hearing examiner assigned under sub. (1) (bg)
or (bk) or assigned to the
11department under sub. (1) (br), according to the fee schedule under sub. (3) (b).
AB150-ASA1-AA4,70,513
227.46
(2m) In any hearing or review assigned to a hearing examiner under
14s. 227.43 (1) (bg)
or (bk), the hearing examiner presiding at the hearing shall prepare
15a proposed decision, including findings of fact, conclusions of law, order and opinion,
16in a form that may be adopted as the final decision in the case. The proposed decision
17shall be a part of the record and shall be served by the division of hearings and
18appeals in the department of administration on all parties. Each party adversely
19affected by the proposed decision shall be given an opportunity to file objections to
20the proposed decision within 15 days, briefly stating the reasons and authorities for
21each objection, and to argue with respect to them before the administrator of the
22division of hearings and appeals. The administrator of the division of hearings and
23appeals may direct whether such argument shall be written or oral. If the decision
24of the administrator of the division of hearings and appeals varies in any respect from
1the decision of the hearing examiner, the decision of the administrator of the division
2of hearings and appeals shall include an explanation of the basis for each variance.
3The decision of the administrator of the division of hearings and appeals is a final
4decision of the agency subject to judicial review under s. 227.52. The department of
5transportation may petition for judicial review.
AB150-ASA1-AA4,70,97
227.46
(3) (intro.) With respect to contested cases except a hearing or review
8assigned to a hearing examiner under s. 227.43 (1) (bg)
or (bk), an agency may by rule
9or in a particular case may by order:".
AB150-ASA1-AA4,71,221
346.45
(3) (d) A railroad grade crossing which is marked with a sign in
22accordance with s. 195.285 (3). Such signs shall be erected by the maintaining
1authority only upon order of the
office of the commissioner of railroads department
2or the division of hearings and appeals as set forth in s. 195.285.".
AB150-ASA1-AA4,71,136
560.31
(3) The At the commencement of each gubernatorial term of office, the 7secretary shall exercise his or her authority under s. 15.04 (1) (c) to create one or more
8committees to advise the department on issues related to the operation of the
9heritage tourism pilot program. The secretary shall create a sufficient number of
10committees, as determined by the secretary, to address each major type of heritage
11tourism that is the focus of the heritage tourism pilot program. The secretary shall
12appoint at least 2 members of each committee created under this subsection from a
13list of names submitted by the director of the historical society.".
AB150-ASA1-AA4,73,3
13945.06 Public utilities to cease service. When any public utility, common
14carrier, contract carrier, or railroad, subject to the jurisdiction of the public service
15commission
, office of the commissioner of railroads or department of transportation
16of this state, is notified in writing by a federal, state or local law enforcement agency,
17acting within its jurisdiction, that any facility furnished by it is being used or will be
18used for the purpose of transmitting or receiving gambling information in violation
19of the laws of this state it shall discontinue or refuse the leasing, furnishing or
20maintaining of such facility, after reasonable notice to the subscriber, but no
21damages, penalty or forfeiture, civil or criminal, shall be found against any such
22public utility, common carrier, contract carrier or railroad, for any act done in
23compliance with any notice received from a law enforcement agency under this
24section. Nothing in this section shall be deemed to prejudice the right of any person
1affected thereby to secure an appropriate determination as otherwise provided by
2law in any court or tribunal or agency, that such facility should not be discontinued
3or removed, or should be restored.".
AB150-ASA1-AA4,73,13
10"
(9at) Position authorizations. The authorized FTE positions for the
11department of administration are increased by 2.0 SEG positions, to be funded from
12the appropriation under section 20.505 (4) (qm) of the statutes, as affected by this act,
13for the purpose of administration of the Kickapoo valley reserve.".
AB150-ASA1-AA4,73,19
16"
(14g) Sentencing commission. The authorized FTE positions for the
17department of administration, funded from the appropriation under section 20.505
18(4) (dm) of the statutes, are increased by 5.0 GPR positions for services for the
19sentencing commission.
AB150-ASA1-AA4,73,23
20(14h) Privacy council and privacy advocate. The authorized FTE positions for
21the department of administration, funded from the appropriation under section
2220.505 (4) (fz) of the statutes, are increased by 2.0 GPR positions for the functions
23of the privacy advocate and the privacy council.".
AB150-ASA1-AA4,74,12
5"
(4ct) Position authorizations. To reverse the action of the joint committee on
6finance, the authorized FTE positions for the department of development are
7increased by 36.5 GPR positions, 35.5 GPR positions to be funded from the
8appropriation under section 20.143 (2) (a) of the statutes for the purpose of
9performing the functions related to tourism promotion, and 1.0 GPR position to be
10funded from the appropriation under section 20.143 (2) (bm) of the statutes, as
11affected by this act, for the purpose of performing the functions related to the
12heritage tourism pilot program.".
AB150-ASA1-AA4,74,20
19(1m) Abolishing the office of commissioner of railroads; transitional
20provisions.
AB150-ASA1-AA4,74,21
21(a) Definitions. In this subsection:
AB150-ASA1-AA4,74,22
221. "Department" means the department of transportation.
AB150-ASA1-AA4,74,24
232. "Division" means the division of hearings and appeals in the department of
24administration.
AB150-ASA1-AA4,75,1
13. "Office" means the office of the commissioner of railroads.
AB150-ASA1-AA4,75,3
2(b) Assets and liabilities. On the effective date of this paragraph, the assets
3and liabilities of the office shall become the assets and liabilities of the department.
AB150-ASA1-AA4,75,6
51. On the effective date of this subdivision, the position of the commissioner of
6railroads is abolished.
AB150-ASA1-AA4,75,9
72. On the effective date of this subdivision, 1.0 FTE SEG hearing examiner
8position and the incumbent employe holding that position in the office are
9transferred to the division.
