289.27 Contested case hearing.

314 words·~1 min read·/wi/chapter-289/289-27

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Request for treatment as a contested case. Within 30 days after the notice under s. 289.25

(3)is published for a solid waste disposal facility, or within 45 days after the notice under s. 289.25

(3)is published for a hazardous waste facility, any county, city, village or town, the applicant or any 6 or more persons may file a written request that the hearing under s. 289.26

(1)be treated as a contested case, as provided under s. 227.42 . A county, city, village or town, the applicant or any 6 or more persons have a right to have the hearing treated as a contested case only if:

(a)A substantial interest of the person requesting the treatment of the hearing as a contested case is injured in fact or threatened with injury by the department’s action or inaction on the matter;

(b)The injury to the person requesting the treatment of the hearing as a contested case is different in kind or degree from injury to the general public caused by the department’s action or inaction on the matter; and

(c)There is a dispute of material fact.

(2)Applicability. This section applies only if a person requests the treatment of the hearing as a contested case under sub.

(1)within the 30-day or 45-day period and has a right to a hearing under that subsection. Any denial of a request for the treatment of the hearing as a contested case received within the 30-day or 45-day period under sub.

(1)shall be in writing, shall state the reasons for denial and is an order reviewable under ch. 227 . If the department does not enter an order granting or denying the request for the treatment of the hearing as a contested case within 20 days after the written request is filed, the request is deemed denied.