CR 17-052 Rule Text

  SECTION 14. PI 1.11 is created to read:

PI 1.11 Food and nutrition appeals. (1) Applicability. Notwithstanding ss. PI 1.03, 1.04, and 1.07, this section governs appeals filed under 7 CFR part 210, 215, 220, or 226.

(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).

(c) The requestor is entitled to a desk review or contested case hearing under s. 227.42, Stats., and 7 CFR part 210, 215, 220, or 226.

(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.