We appreciate the courtesy and cooperation extended to us by Commerce and DNR staff. Responses from the two agencies are included as Appendices IX and X.
Sincerely,
Janice Mueller
State Auditor
State of Wisconsin
Department of Health and Family Services
October 1, 1998
The Honorable, The Senate:
As required in Section
227.485(9) and
814.245(10) of the Wis. Stats., I am submitting the report concerning decisions and resulting payments of Attorney fees and related legal costs. Attorney fees and other legal costs are to be paid whenever the opposing party to an agency's Chapter
227 hearing prevails and it is determined the agency's position was not substantially justified. Payments for SFY 1998 are shown on the attached schedule.
In addition, the Department is required to report any awards granted to the Department regarding frivolous motions brought against this Department. If the hearing examiner determines that the motion of the opposing party in any Chapter
227 contested case is frivolous, the examiner may award the state agency all reasonable costs in responding to the motion. In SFY 1998, no motions of opposing parties were found to be frivolous. Consequently, the Department has no awards to report.
Sincerely,
Joe Leean
Secretary
__________________
Relating to accommodating utility facilities on state-owned railroad corridors.
Submitted by Department of Transportation.
Report received from Agency, October 7, 1998.
Referred to committee on Transportation, Agriculture and Rural Affairs, October 14, 1998.
Relating to rental unit energy efficiency standards.
Submitted by Department of Commerce.
Report received from Agency, October 13, 1998.
Referred to committee on Business, Economic Development and Urban Affairs, October 14, 1998.
Relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials and motor carrier safety requirements for intrastate transportation of hazardous materials.
Submitted by Department of Transportation.
Report received from Agency, October 7, 1998.
Referred to committee on Transportation, Agriculture and Rural Affairs, October 14, 1998.
