NR 310.17 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.18 NR 310.18 Administrative review.
NR 310.18(1) (1) Petition for administrative review and request for stay (permit decision date + 30 days).
NR 310.18(1)(a)(a) Within 30 days after the department renders a decision under s. NR 310.17, any interested person may file with the department, and at the same time provide a copy to the applicant of, a petition seeking administrative review of the decision. The petition also may request a stay of the activity pending an administrative hearing.
NR 310.18(1)(b) (b) The petition shall be in writing, shall be dated and shall be signed by the petitioner.
NR 310.18(1)(c) (c) The petition shall be submitted to the secretary of the department at the address provided in ch. NR 2.
NR 310.18(1)(d) (d) The petition shall include as an attachment a copy of the decision for which administrative review is sought.
NR 310.18(1)(e) (e) A petition for administrative review and any request for stay in the petition shall comply with the format and be filed in the manner provided by s. 30.209 (1m), Stats., and ch. NR 2.
NR 310.18(1)(f) (f) A petition is filed on the date it is received by the secretary of the department at the address specified in ch. NR 2.
NR 310.18(1)(g) (g) If a petition filed under s. 30.209 (1m) (a), Stats., requests a stay under s. 30.209 (1m) (c), Stats., and contains information showing that a stay is necessary to prevent significant adverse impacts or irreversible harm to the environment, a stay shall take effect upon filing of the petition and remain in effect until the department denies the petition under sub. (3) and s. 30.209 (1m) (d), Stats., or the hearing examiner lifts the stay as provided by s. 30.209 (2) (b), Stats., or renders a decision approving, modifying or denying the individual permit.
NR 310.18(2) (2)Applicant response to petition (petition receipt date + 15 days or less).
NR 310.18(2)(a)(a) Within 15 days after a petition is filed with the department, an applicant may file with the department, and at the same time shall provide to the petitioner seeking review, a response to the petition.
NR 310.18(2)(b) (b) A response to a petition shall comply with s. 30.209 (1m) (e), Stats.
NR 310.18(2)(c) (c) A response to a petition is filed on the date it is received by the secretary of the department at the address specified in ch. NR 2.
NR 310.18(3) (3)Grant or denial of administrative review petition (petition receipt date + 30 days or less).
NR 310.18(3)(a)(a) Within 30 days after the date that a petition is filed, the department shall grant or deny the petition in writing and, if the petition is denied, state the reasons for denial as provided in s. 30.209 (1m) (f), Stats. Failure to dispose of the petition within 30 days is a denial.
NR 310.18(3)(b) (b) The department has granted or denied a petition under par. (a) when it mails a grant or denial to a petitioner.
NR 310.18(4) (4)Referral to division of hearings and appeals (petition grant date + 15 days or less).
NR 310.18(4)(a)(a) Unless both the petitioner and applicant agree to an extension, the department shall refer the matter to the division of hearings and appeals within 15 days after granting the petition.
NR 310.18(4)(b) (b) The department has referred the matter under par. (a) when it mails to the division of hearings and appeals a hearing request form and copies of the permit application, the notice of completeness, the permit decision, the petition for administrative review, any petitioner's response to the petition, and the department letter granting the petition.
NR 310.18(5) (5)Notice of administrative hearing.
NR 310.18(5)(a)(a) At least 30 days before the date of the administrative hearing, the division of hearings and appeals shall notify the applicant as provided in par. (b).
NR 310.18(5)(b) (b) The division of hearings and appeals shall provide an applicant all the following:
NR 310.18(5)(b)1. 1. A notice of administrative hearing that shall contain all the information required under s. 30.208 (5) (b), Stats. The division of hearings and appeals may include any additional information that it deems necessary to provide adequate notice of an administrative hearing.
NR 310.18(5)(b)2. 2. A letter accompanying the notice or notices that contains all the following:
NR 310.18(5)(b)2.a. a. A statement that an administrative hearing will be held and whether the applicant or an interested person requested the hearing.
NR 310.18(5)(b)2.b. b. A statement that the applicant must mail a copy of the notice to any person or group who asks for a copy and mail a copy via U.S. mail with return receipt requested to an enclosed list of persons that the department has determined are interested and potentially interested members of the public pursuant to s. 30.208 (3), Stats., and s. NR 310.14 (2).
NR 310.18(5)(b)2.c. c. A list of persons and groups that asked that a notice of hearing be mailed to them, a list of interested and potentially interested members of the public determined by the department under s. 30.208 (3), Stats., and s. NR 310.14 (2) and a statement that the applicant is required to mail a notice of hearing to any person or group that asks for the notice between now and the hearing date.
NR 310.18(5)(b)2.d. d. A statement that the applicant is required to publish the notice as a class I notice under ch. 985, Stats., and provide the division an affidavit of publication to prove the notice was published. The name of the newspaper in which the notice must be published shall also be provided to the applicant.
NR 310.18(5)(b)2.e. e. A statement that the applicant is required to furnish the division return receipts of mailing to or signed affidavits of receipt of notice from all persons under this subd. 2. c.
NR 310.18(5)(b)2.f. f. A statement that the applicant or an authorized representative must appear at the hearing to present testimony or the hearing will be rescheduled or the application dismissed.
NR 310.18(5)(b)2.g. g. A statement that the hearing may be rescheduled or the application dismissed if the hearing examiner does not receive the information specified under this subd. 2. d. and e. by the date requested by the hearing examiner.
NR 310.18(5)(b)2.h. h. A statement that if the application is dismissed, the applicant may resubmit an application for the individual permit.
NR 310.18(5)(c) (c) The division has provided the information in par. (b) when it mails an applicant the information.
NR 310.18(5)(d) (d) An applicant shall publish a notice provided under par. (b) as a class I notice under ch. 985, Stats., mail the notice or notices to all listed persons in par. (b) 2. c., and provide to the division a copy of the notice, an affidavit of publication, and return receipts of mailing to or signed affidavits of receipt of notice from all persons under par. (b) 2. c.
NR 310.18(5)(e) (e) The department has provided notice of an administrative hearing on the later of the date notice of hearing was published or mailed to all listed persons as required by par. (d).
NR 310.18(5)(f) (f) The division may reschedule a hearing or dismiss an application without hearing if the hearing examiner does not receive the information specified in par. (b) 2. d. and e. by the date requested by the hearing examiner.
NR 310.18(5)(g) (g) If the application is dismissed, the applicant may resubmit an application for the individual permit.
NR 310.18(6) (6)Conduct of administrative hearing. An administrative hearing shall be conducted in compliance with the requirements of ss. 30.209 (2) and 227.42, Stats., and chs. NR 2 and HA 1.
NR 310.18(7) (7)Conflicts or omissions. In the event of conflicts between or omissions in the statutes and rules that govern requests for and conduct of administrative hearings, the applicable statutes and rules shall be applied in the following sequence:
NR 310.18(7)(a) (a) Section 30.209, Stats., shall apply notwithstanding any conflicting statutes or rules.
NR 310.18(7)(b) (b) Section 227.42, Stats., shall apply notwithstanding any conflicting statutes or rules except for s. 30.209, Stats., and shall apply to any issues not addressed by s. 30.209, Stats.
NR 310.18(7)(c) (c) This section applies notwithstanding any conflicting statutes or rules except for ss. 30.209 and 227.42, Stats., and shall apply to any issues not addressed by s. 30.209 or 227.42, Stats.
NR 310.18(7)(d) (d) Chapter NR 2 shall apply notwithstanding any conflicting statutes or rules except for ss. 30.209 and 227.42, Stats., and this section, and shall apply to any issues not addressed by s. 30.209 or 227.42, Stats., and this section.
NR 310.18(7)(e) (e) Chapter HA 1 shall apply to any issues not addressed by s. 30.209 or 227.42, Stats., or this section or ch. NR 2.
NR 310.18 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.