SB360-SSA1-SA1,2,85
254.916
(11) The department shall hold a hearing under ch. 227 if any
6interested person, in lieu of proceeding under ch. 68, appeals to the department
7alleging that the A person
making
conducting an investigation
of the appellant has 8under this section may not have a financial interest in a regulated cigarette and
9tobacco product retailer,
a tobacco vending machine operator,
a tobacco vending
10machine premises
or, or a tobacco vending machine that may interfere with his or her
11ability to properly
take that action conduct that investigation. A person who is
12investigated under this section may request the local health department or local law
1enforcement agency that contracted for the investigation to conduct a review under
2ch. 68 to determine whether the person conducting the investigation is in compliance
3with this subsection or, if applicable, may request the state agency or state law
4enforcement agency that contracted for the investigation to conduct a contested case
5hearing under ch. 227 to make that determination. The results of an investigation
6that is conducted by a person who is not in compliance with this subsection may not
7be used to prosecute a violation of s. 134.66 (2) (a) or (am) or a local ordinance adopted
8under s. 134.66 (5).".