(c) The state superintendent does not have jurisdiction in the matter.
(d) The complainant or appellant does not include sufficient allegations of fact that, if accepted as true, would support the complaint or appeal.
SECTION 8. PI 1.04 (intro.) is amended to read:
PI 1.04 Procedures. Upon receipt of a written complaint or appeal filed under s. PI 1.03, the state superintendent shall acknowledge receipt of the complaint or appeal in writing and shall use any or all of the following procedures which he or shethat the state superintendent determines to be appropriate:
SECTION 9. PI 1.04 (9) is repealed and recreated to read:
PI 1.04 (9) Provide the parties the opportunity to submit written documentation. Upon review of the documentation, the state superintendent shall issue a decision based on a review of the documentation.
SECTION 10. PI 1.07 (4) (a) and (b) are amended to read:
PI 1.07 (4) (a) If the state superintendent determines that the matter is a contested case under s. 227.01 (3), Stats., the hearing shall be conducted under procedures specified inunder subch. III of ch. 227, Stats., and this chapter. (b) The hearing examiner shall have the powers specified inunder s. 227.46, Stats., regardless of whether the matter is being treated as a contested case under ch. 227, Stats.
SECTION 11. PI 1.07 (6) is created to read:
PI 1.07 (6) NOTICES REMAIN IN EFFECT. Except as otherwise specified in the applicable decision and order, a decision and order of the state superintendent or department that is being reviewed under this chapter shall remain in effect until a final decision and order is issued under s. 227.47, Stats. SECTION 12. PI 1.08 is amended to read:
PI 1.08 Decision. Following the hearing of a contested case under ch. 227, Stats., and when otherwise required by statute or rule, the decision of the state superintendent or hearing examiner shall be in writing stating separate findings of fact and conclusions of law. The decision may order remedies which the state superintendent or hearing examiner determines appropriate, and may or may not include the relief sought by the complainant or appellant. Decisions shall be served on all parties by mailing a copy to each party's last known address by certified mail along with a notice of any right to further review as may be provided by the statute or rule under which the complaint is filed or ss. 227.52 to 227.57, Stats.
SECTION 13. PI 1.09 (2) (a) is amended to read:
PI 1.09 (2) (a) The complainant or appellant fails to respond within 20 days to correspondence, sent by certifiedU.S. mail or electronic mail to his or her last known address, from or on behalf of the state superintendent concerning the complaint or appeal, or
SECTION 14. PI 1.11 is created to read:
(2) Who may request. A person or institution adversely affected by an action of the department under 7 CFR part 210, 215, 220, or 226 may request a desk review or a contested case hearing on that action. (3) Request form. In order to be considered, a request under sub. (2) shall be filed with the office of legal services within 15 days of the date of the department’s action on a form provided by the department.
Note: A request for a desk review or a contested case hearing may be filed with the office of legal services at the following address:
Office of Legal Services
Wisconsin Department of Public Instruction
125 S. Webster St.
PO Box 7841
Madison, WI 53707-7841
(4) Granting or denying request. The department shall grant or deny a request for desk review or contested case hearing if all of the following apply:
(a) The department has jurisdiction over the matter.
(b) The request for a desk review or contested case hearing complies with the requirements under subs. (2) and (3).
(5) PROCEDURES. If the department grants a desk review or contested case hearing under sub. (4), the desk review or contested case hearing shall follow procedures specified under 7 CFR part 210.18 (q) or 226.6 (k). SECTION 15. EFFECTIVE DATE:
The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.
