227.57 History
History: 1975 c. 94 s.
3;
1975 c. 414;
1979 c. 208;
1985 a. 182 s.
41; Stats. 1985 s. 227.57.
227.57 Annotation
Finding of fact is supported under (6) if reasonable minds could arrive at the same conclusion. Westring v. James, 71 W (2d) 462, 238 NW (2d) 695.
227.57 Annotation
Reviewing court, in dealing with determination or judgment which administrative agency is alone authorized to make, must judge propriety of action solely by grounds invoked by agency with sufficient clarity. Stas v. Milw. County Civil Service Comm. 75 W (2d) 465, 249 NW (2d) 764.
227.57 Annotation
See note to 30.12, citing Kosmatka v. DNR, 77 W (2d) 558, 253 NW (2d) 887.
227.57 Annotation
Summary judgment procedure is not authorized in proceedings for judicial review under this chapter. Wis. Environmental Decade v. Public Service Comm. 79 W (2d) 161, 255 NW (2d) 917.
227.57 Annotation
"Discretion" means process of reasoning, not decision-making, based on facts in record or reasonably inferred from record, and conclusion based on logical rationale founded on proper legal standards. Reidinger v. Optometry Examining Board, 81 W (2d) 292, 260 NW (2d) 270.
227.57 Annotation
See note to 220.035, citing State ex rel. 1st Nat. Bank v. M & I Peoples Bk. 82 W (2d) 529, 263 NW (2d) 196.
227.57 Annotation
See note to 1.11, citing Wis. Environmental Decade v. Public Service Comm. 98 W (2d) 682, 298 NW (2d) 205 (Ct. App. 1980).
227.57 Annotation
See note to 628.34, citing Aetna Life Ins. Co. v. Mitchell, 101 W (2d) 90, 303 NW (2d) 639 (1981).
227.57 Annotation
See note to 806.07, citing Charter Mfg. v. Milw. River Restoration, 102 W (2d) 521, 307 NW (2d) 322 (Ct. App. 1981).
227.57 Annotation
Party cannot recover attorney's fees against state under (9). Administrative judge should have been disqualified due to compelling appearance of impropriety. Guthrie v. Wis. Employment Relations Comm. 107 W (2d) 306, 320 NW (2d) 213 (Ct. App. 1982), aff'd. 111 W (2d) 447, 331 NW (2d) 331 (1983).
227.57 Annotation
Commission's change of accounting treatment for recovery of utility expenditures was arbitrary and capricious. Public Ser. Corp. v. Public Serv. Comm. 109 W (2d) 256, 325 NW (2d) 867 (1982).
227.57 Annotation
WERC did not abuse discretion by finding no community of interest between professional teachers and student interns. Unit fragmentation under 111.70 (4) (d) 2. a discussed. Arrowhead United Teachers v. ERC, 116 W (2d) 580, 342 NW (2d) 709 (1984).
227.57 Annotation
Sub. (7) grants trial court broad authority to remand matter to agency for further action where no hearing has been held and no particular result is compelled as matter of law. R. W. Docks & Slips v. DNR, 145 W (2d) 854, 429 NW (2d) 86 (Ct. App. 1988).
227.57 Annotation
On review, there are three levels of deference which may be given to an administrative agency's conclusions of law and statutory interpretations, depending on the agency's experience, technical competence and knowledge in regard to the question presented. Kelley Co. v. Marquardt, 172 W (2d) 234, 493 NW (2d) 68 (1992).
227.57 Annotation
Statutes enabling rule promulgation are strictly construed to preclude the exercise of a power not expressly granted. Whether an agency exceeded its authority in promulgating a rule is reviewed de novo by a reviewing court. State Public Intervenor v. DNR, 177 W (2d) 666, 503 NW (2d) 305 (Ct. App. 1993).
227.57 Annotation
Agency jurisdiction is a legal issue reviewed de novo by a reviewing court. An agency's decision on the scope of its own power is not binding on the court. Loomis v. Wisconsin Personnel Commission, 179 W (2d) 25, 505 NW (2d) 462 (Ct. App. 1993).
227.57 Annotation
Default judgment is incompatible with the scope of review of a ch. 227 proceeding. Wagner v. State Medical Examining Board, 181 W (2d) 633, 511 NW (2d) 874 (1994).
227.57 Annotation
A circuit judge has inherent authority to order briefs in a case under this section and to dismiss the action if a party fails to file a brief as ordered. Lee v. LIRC, 202 W (2d) 559, 550 NW (2d) 534 (Ct. App. 1996).
227.57 Annotation
See note to Art. I, sec. 1, citing Hortonville Dist. v. Hortonville Ed. Asso. 426 US 482.
227.57 Annotation
If court affirms agency decision under (2), unsuccessful claimant may not bring claim to federal court. Young v. Michigan Wisconsin Pipe Line Co. 569 F Supp. 741 (1983).
227.57 Annotation
The scope of judicial review in Wisconsin. Hewitt, 1973 WLR 554.
227.57 Annotation
The standard of review of administrative rules in Wisconsin. 1982 WLR 691.
227.58
227.58
Appeals. Any party, including the agency, may secure a review of the final judgment of the circuit court by appeal to the court of appeals within the time period specified in
s. 808.04 (1).
227.58 History
History: 1977 c. 187 s.
134;
1983 a. 219;
1985 a. 182 s.
41; Stats. 1985 s. 227.58.
227.58 Note
Judicial Council Note, 1983: This section is amended by repealing the appeal deadline of 30 days from notice of entry of judgment for greater uniformity. An appeal must be initiated within the time specified in s. 808.04 (1), stats. This section is further amended to eliminate the superfluous provision that the appeal is taken in the manner of other civil appeals. Civil appeal procedures are governed by chs. 808 and 809. [Bill 151-S]
227.58 Annotation
Court of appeals had no power to remand case under 806.07 (1) (b) or (h); ch. 227 cannot be supplemented by statutory remedies pertaining to civil procedure. Chicago & N.W.R.R. v. Labor & Ind. Rev. Comm. 91 W (2d) 462, 283 NW (2d) 603 (Ct. App. 1979).
227.59
227.59
Certification of certain cases from the circuit court of Dane county to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane county except an action or appeal for the review of any order of the department of workforce development or the department of commerce or findings and orders of the labor and industry review commission which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane county a fee of $2 for transmitting the record.
227.60
227.60
Jurisdiction of state courts to determine validity of laws when attacked in federal court and to stay enforcement. Whenever a suit praying for an interlocutory injunction shall have been begun in a federal district court to restrain any department, board, commission or officer from enforcing or administering any statute or administrative order of this state, or to set aside or enjoin the suit or administrative order, the department, board, commission or officer, or the attorney general, may bring a suit to enforce the statute or order in the circuit court of Dane county at any time before the hearing on the application for an interlocutory injunction in the suit in the federal court. Jurisdiction is hereby conferred upon the circuit court of Dane county and on the court of appeals, on appeal, to entertain the suit with the powers granted in this section. The circuit court shall, when the suit is brought, grant a stay of proceedings by any state department, board, commission or officer under the statute or order pending the determination of the suit in the courts of the state. The circuit court of Dane county upon the bringing of the suit therein shall at once cause a notice thereof, together with a copy of the stay order by it granted, to be sent to the federal district court in which the action was originally begun. An appeal shall be taken within the time period specified in
s. 808.04 (2). The appeal shall be given preference.
227.60 History
History: 1977 c. 187;
1983 a. 219;
1985 a. 182 s.
49; Stats. 1985 s. 227.60.
227.60 Note
Judicial Council Note, 1983: This section is amended to replace the appeal deadline of 10 days after termination of the suit by the time provisions of s. 808.04 (2), for greater uniformity. Section 808.04 (2) provides that an appeal must be initiated within 15 days of entry of judgment or order appealed from. The provision requiring preferential court treatment is harmonized and standardized with similar provisions in the statutes. [Bill 151-S]
