AB100-engrossed,1643,2
21227.487 Frivolous actions. (1) (a) If a petition for a declaratory ruling under
22s. 227.41, a request for a hearing under s. 227.42 or a petition for a rehearing under
23s. 227.49 (1) is found by an agency to be frivolous, the agency may assess a forfeiture
24of not more than $500 against the person or the person's attorney who made the
25petition or request. In assessing the forfeiture against the person or the person's
1attorney, the agency may assess the forfeiture in such a manner that the person and
2the person's attorney each pay a portion of the forfeiture.
AB100-engrossed,1643,93
(b) If any application, pleading, motion, request or other action that relates to
4a contested case is found by a hearing examiner to be frivolous, the hearing examiner
5may assess a forfeiture of not more than $500 against the person or the person's
6attorney who made the application, pleading, motion, request or other action. In
7assessing the forfeiture against the person or the person's attorney, the hearing
8examiner may assess the forfeiture in such a manner that the person and the
9person's attorney each pay a portion of the forfeiture.
AB100-engrossed,1643,13
10(2) In order for an agency to find a petition or request to be frivolous under sub.
11(1) (a) or for a hearing examiner to find an application, pleading, motion, request or
12other action to be frivolous under sub. (1) (b), the agency or hearing examiner must
13find one or more of the following:
AB100-engrossed,1643,1614
(a) The petition or request specified in sub. (1) (a) or the application, pleading,
15motion, request or other action specified in sub. (1) (b) must have been undertaken
16for the purpose of delay.
AB100-engrossed,1643,2017
(b) The petition or request specified in sub. (1) (a) or the application, pleading,
18motion, request or other action specified in sub. (1) (b) must have been undertaken
19for the purpose of maliciously injuring the reputation of an agency or an agency
20employe.
AB100-engrossed,1643,2421
(c) The person or the person's attorney knew, or should have known, that the
22petition or request specified in sub. (1) (a) or the application, pleading, motion,
23request or other action specified in sub. (1) (b) was undertaken without any
24reasonable basis in law or fact.
AB100-engrossed,1644,3
1(3) This section does not apply to any petition or request under sub. (1) (a) or
2any application, pleading, motion, request or other action under sub. (1) (b) that
3relates to subch. II of ch. 111.
AB100-engrossed,1644,10
6227.52 Judicial review; decisions reviewable. (intro.) Administrative
7decisions which adversely affect the substantial interests of any person, whether by
8action or inaction, whether affirmative or negative in form, are subject to review as
9provided in this chapter, except
for the decisions
as otherwise provided by law and
10except for the following:
AB100-engrossed,1644,12
11(1) Decisions of the department of revenue other than decisions relating to
12alcohol beverage permits issued under ch. 125
, decisions
.
AB100-engrossed,1644,13
13(2) Decisions of the department of employe trust funds
,.
AB100-engrossed,1644,15
14(3) Those decisions of the division of banking
, that are subject to review, prior
15to any judicial review, by the banking review board.
AB100-engrossed,1644,16
16(4) Decisions of the office of credit unions
,.
AB100-engrossed,1644,17
17(5) Decisions of the division of savings and loan
,.
AB100-engrossed,1644,19
18(6) Decisions of the
chairperson of the elections board
of state canvassers and
19those.
AB100-engrossed,1644,22
20(7) Those decisions of the department of workforce development which are
21subject to review, prior to any judicial review, by the labor and industry review
22commission
, and except as otherwise provided by law.
AB100-engrossed,1645,724
227.53
(1) (a) 1. Proceedings for review shall be instituted by serving a petition
25therefor personally or by certified mail upon the agency or one of its officials, and
1filing the petition in the office of the clerk of the circuit court for the county where
2the judicial review proceedings are to be held. If the agency whose decision is sought
3to be reviewed is the tax appeals commission, the banking review board,
the
4consumer credit review board, the credit union review board, the savings and loan
5review board or the savings bank review board, the petition shall be served upon both
6the agency whose decision is sought to be reviewed and the corresponding named
7respondent, as specified under par. (b) 1. to 5.
AB100-engrossed,1645,109
227.53
(1) (b) 2. The banking review board
or the consumer credit review board,
10the division of banking.
AB100-engrossed,1645,1912
227.53
(1) (d) The agency (except in the case of the tax appeals commission and
13the banking review board,
the consumer credit review board, the credit union review
14board, the savings and loan review board and the savings bank review board) and
15all parties to the proceeding before it, shall have the right to participate in the
16proceedings for review. The court may permit other interested persons to intervene.
17Any person petitioning the court to intervene shall serve a copy of the petition on each
18party who appeared before the agency and any additional parties to the judicial
19review at least 5 days prior to the date set for hearing on the petition.
AB100-engrossed,1645,24
21227.54 Stay of proceedings. The institution of the proceeding for review
22shall not stay enforcement of the agency decision. The reviewing court may order a
23stay upon such terms as it deems proper, except as otherwise provided in ss. 196.43
,
24253.06 (7) and 551.62.
AB100-engrossed,1646,2
1230.03
(9m) "Disabled
wartime veteran" means a veteran who has a
2service-connected disability
that is directly traceable to war service.
AB100-engrossed,1646,104
230.03
(14) (d) A person who served on active duty under honorable conditions
5in the U.S. armed forces for 2 continuous years or more or the full period of the
6person's initial service obligation, whichever is less. A person discharged from the
7U.S. armed forces for reasons of hardship or a service-connected disability or a
8person released due to a reduction in the U.S. armed forces prior to the completion
9of the required period of service shall also be considered a "veteran", regardless of the
10actual time served.
AB100-engrossed,1646,1612
230.04
(9) (f) Establish an affirmative action subunit reporting directly to the
13secretary. The affirmative action subunit shall advise and assist the secretary, the
14administrator and agency heads on establishing policies and programs to ensure
15appropriate affirmative action. The subunit shall advise and assist the secretary in
16monitoring such programs
and shall provide staff to the affirmative action council.
AB100-engrossed,1646,2318
230.04
(10) (c) The secretary shall request from each agency and each agency
19shall furnish to the secretary relevant information regarding the prior military
20service, if any, of every new employe hired by the agency including limited term,
21project, seasonal and sessional employes. The secretary shall maintain the data to
22permit a periodic review of the progress being made to provide employment
23opportunities in civil service for veterans and disabled
wartime veterans.
AB100-engrossed,1646,2525
230.08
(2) (e) 1. Administration —
11 12.
AB100-engrossed, s. 3294
1Section
3294. 230.08 (2) (e) 3g. of the statutes is renumbered 230.08 (2) (e) 9.
2and amended to read:
AB100-engrossed,1647,33
230.08
(2) (e) 9.
Education Public instruction — 5.
AB100-engrossed,1647,77
230.08
(2) (e) 8. Natural resources —
4 6.
AB100-engrossed,1647,109
230.08
(2) (fp) The director and personnel of the integrated legislative
10information system staff.
AB100-engrossed,1647,1313
230.08
(2) (L) 4. Higher educational aids board, created under s. 15.67.
AB100-engrossed,1647,1817
230.08
(2) (mL) One executive assistant of each commissioner of the public
18service commission, created under s. 15.79.
AB100-engrossed,1647,2020
230.08
(2) (rm) Staff of the environmental education board.
AB100-engrossed,1647,2423
230.08
(2) (tv) The director of the office of urban development in the
24department of health and family services, appointed under s. 48.48 (16m).
AB100-engrossed,1648,3
1230.08
(2) (xe) The director of Indian gaming in the department of
2administration, and the attorney in the department of administration, appointed
3under s. 569.015 (2).
AB100-engrossed,1648,76
230.08
(2) (yz) The staff of the Wisconsin sesquicentennial commission.
This
7paragraph does not apply after June 30, 1999.
AB100-engrossed,1648,179
230.08
(4) (a) The number of administrator positions specified in sub. (2) (e)
10includes all administrator positions specifically authorized by law to be employed
11outside the classified service in each department, board or commission and the
12historical society. In this paragraph, "department" has the meaning given under s.
1315.01 (5), "board" means the educational communications board, investment board,
14public defender board
, gaming board and technical college system board and
15"commission" means the public service commission. Notwithstanding sub. (2) (z), no
16division administrator position exceeding the number authorized in sub. (2) (e) may
17be created in the unclassified service.
AB100-engrossed,1648,21
19230.125 Investigations relating to code of ethics violations. (1) In this
20section, "code of ethics" means the code of ethics promulgated by rule under s. 19.45
21(11) (a).
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22(2) The administrator shall establish by rule procedures that each agency shall
23follow in investigating any alleged violation of the code of ethics. The administrator
24shall specify by rule appropriate discipline for a violation of the code of ethics, except
25that such discipline may not include a fine, forfeiture or term of imprisonment.
AB100-engrossed,1649,6
1(3) If an employe is alleged by his or her appointing authority to have violated
2the code of ethics, the administrator, at his or her own initiative or at the request of
3the appointing authority, may suspend with pay the employe pending investigation
4of the alleged violation of the code of ethics. Any employe who is determined to have
5violated a provision of the code of ethics may be disciplined by the appointing
6authority or the administrator as provided in rules promulgated under sub. (2).
AB100-engrossed,1649,10
7(4) If an appointing authority is investigating an alleged violation of the code
8of ethics and the administrator determines that the appointing authority is not
9following procedures established by rule under sub. (2), the administrator may
10assume control of the investigation.
AB100-engrossed,1649,18
11(5) Any information contained in records obtained or prepared by the
12appointing authority or administrator in connection with an investigation of an
13alleged violation of the code of ethics may not be disclosed to the public, unless the
14alleged violation is referred to a district attorney or the attorney general and the
15information is used by a district attorney or the attorney general in the course of any
16civil or criminal action arising out of a violation of the code of ethics. Upon request,
17the administrator shall disclose the outcome of any such investigation, including any
18discipline imposed on the employe.
AB100-engrossed,1649,2120
230.16
(7) (a) 2. For a disabled
wartime veteran, that 15 points shall be added
21to his or her grade.
AB100-engrossed,1649,2423
230.16
(7) (a) 3. For a disabled
wartime veteran whose disability is at least 30%,
24that 20 points shall be added to his or her grade.
AB100-engrossed,1650,2
1230.16
(7) (a) 4. For the spouse of a disabled
wartime veteran whose disability
2is at least 70%, that 10 points shall be added to the spouse's grade.
AB100-engrossed,1650,74
230.25
(1g) For every position to be filled by promotion from a promotional
5register, the administrator shall, after certifying names under sub. (1), additionally
6certify the name of the highest ranked disabled
wartime veteran whose disability is
7at least 70%.
AB100-engrossed,1650,20
9230.30 Employing units; establishment and revision. (1) Each agency
10shall constitute an employing unit for purposes of personnel transactions, except
11where appropriate functional, organizational or geographic breakdowns exist within
12the agency
and except as provided in sub. (2). These breakdowns may constitute a
13separate employing unit for one or more types of personnel transactions under an
14overall employing unit plan if requested by the appointing authority of that agency
15and approved by the administrator. If the administrator determines, after
16conferring with the appointing authority of the employing agency, that an employing
17unit is or has become inappropriate to carry out sound personnel management
18practices due to factors including, but not limited to, the size or isolated location of
19portions of the employing unit, the administrator may revise the employing unit
20structure of the agency to effect the remedy required.
AB100-engrossed,1650,2322
230.30
(2) The division of gaming in the department of administration shall
23constitute a separate employing unit for purposes of personnel transactions.
AB100-engrossed,1651,4
1231.01
(4m) "Educational facility" means a regionally accredited, private,
2nonprofit, postsecondary educational institution
described in section 501 (c) (3) of the
3Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
4taxation under section 501 (a) of the Internal Revenue Code.
AB100-engrossed,1651,96
231.01
(5) (a) (intro.) "Health facility" means
a governmental facility or a
7facility described in section 501 (c) (3) of the Internal Revenue Code, as defined in s.
871.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal
9Revenue Code, and which is one of the following:
AB100-engrossed, s. 3319g
10Section 3319g. 231.01 (5) (a) 4. (intro.) and a. of the statutes are consolidated,
11renumbered 231.01 (5) (a) 4. and amended to read:
AB100-engrossed,1651,1612
231.01
(5) (a) 4. Any institution, place, building or agency
which conforms to
13all of the following: a. Provides that provides medical services, nursing services or
14personal care services, as defined in s. 647.01 (6) to (8), in addition to maintenance
15services, as defined in s. 647.01 (5), to a person under a contract for the duration of
16the person's life for a term of more than 12 months.
AB100-engrossed,1651,2019
231.01
(5) (a) 5. Any institution, place, building or agency that is engaged in
20providing health education
and that is not operated for profit.