Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order affecting ss. Comm 2.15, 51.164 and 64.05 and chs. Comm 18 and 69, relating to elevators and mechanical lifting devices.
Effective 12-01-99.
An order affecting ch. WGC 3, relating to contested case hearings arising out of the regulating activities of the Division of Gaming.
Effective 12-01-99.
An order creating ss. Phar 7.01, 7.08, 8.06, 8.07 and 8.09, relating to the transmission and receipt of electronic prescription orders.
Effective 11-01-99.
An order creating ch. Phar 16, relating to continuing education programs offered by a provider approved by the American Council on Pharmaceutical Education at the time of the pharmacist's attendance, or other Board-approved programs.
Effective 12-01-99.
An order affecting ch. DWD 120 and ss. DWD 128.02, 129.01 and 150.05, relating to ability to and availability for work, unemployment insurance (UI) notices and forms, and exceptional circumstances for failing to apply for UI.
Effective 12-01-99.
An order affecting s. DWD 11.055 and ch. DWD 16, relating to the emergency assistance program.
Effective 11-01-99.
An order affecting chs. HSS 217 and DWD 17, relating to the training of income maintenance workers.
Effective 11-01-99.
An order affecting ch. DWD 56, relating to the administration of day care funds.
Effective 12-01-99.
N o t i c e of N o n a c q u i e s c e n c e
NOTICE OF NONACQUIESCENCE
Tax Appeals Commission
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DAVID L. GILBERT, :
Petitioner, : NOTICE OF NONACQUIESCENCE
v. : Docket No. 98-D-248
WISCONSIN DEPARTMENT OF REVENUE, :
:
Respondent.
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Pursuant to s. 73.01 (4) (e) 2. of the Wisconsin Statutes, the respondent hereby gives notice that, although it is not appealing the decision or order of the Tax Appeals Commission rendered in the above captioned matter under date of August 27, 1999, it has adopted a position of nonacquiescence in regard to that decision or order.
The Department does not acquiesce in that portion of the Commission's decision in Docket No. 98-D-248 which indicates that the provisions of s. 227.48 (2), Wis. Stats., are applicable to the issuance of a denial of a refund claim or the consideration of a petition for redetermination.
Section 227.47 (1), Wis. Stats., provides in part:
Decisions. (1) Except as provided in sub. (2), every proposed or final decision of an agency or hearing examiner following a hearing and every final decision of an agency shall be in writing accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise and separate statement of the ultimate conclusions upon each material issue of fact without recital of evidence. Every proposed or final decision shall include a list of the names and addresses of all persons who appeared before the agency in the proceeding who are considered parties for purposes of review under s. 227.53. The agency shall by rule establish a procedure for determination of parties.
(2) Except as otherwise provided in this subsection, a proposed or final decision of the personnel commission, hearing examiner or arbitrator concerning an appeal of the decision of the secretary of employment relations made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.
Section 227.48, Wis. Stats., provides:
Service of decision. (1) Every decision when made, signed and filed, shall be served forthwith by personal delivery or mailing of a copy to each party to the proceedings or to the party's attorney of record.
(2) Each decision shall include notice of any right of the parties to petition for rehearing and administrative or judicial review of adverse decisions, the time allowed for filing each petition and identification of the party to be named as respondent. No time period specified under s. 227.49 (1) for filing a petition for rehearing, under s. 227.53 (1) (a) for filing a petition for judicial review or under any other section permitting administrative review of an agency decision begins to run until the agency has complied with this subsection.
Reading these two statutes together, it is the position of DOR that the provisions of s. 227.48 (2), Wis. Stats., are applicable only to proposed or final agency decisions following an administrative hearing. No hearing is required or authorized in connection with the consideration of a refund claim or the consideration of a petition for redetermination.
The effect of this action is that, although the decision or order is binding on the parties for the instant case, the Commission's conclusions of law, the rationale and construction of statutes in the instant case are not binding upon or required to be followed by the respondent in other cases.
The State of Wisconsin
Department of Administration
Document Sales Unit
P.O. Box 7840
Dated Material. Please Do Not Delay!
