Chapter WFSB 7

Chapter WFSB 7

PETITION ON NEGOTIABILITY AND DETERMINATION BY BOARD
PURSUANT TO S. 289.33 (9) (b), STATS.

WFSB 7.01   Petition.

WFSB 7.02   Statement in response to petition.

WFSB 7.03   Withdrawal of petition.

WFSB 7.04   Notice of hearing when issued; contents.

WFSB 7.05   Hearings.

WFSB 7.06   Decision concerning negotiability.

WFSB 7.01 WFSB 7.01 Petition.

WFSB 7.01(1) (1) Who may submit. A petition for the determination of a dispute over the negotiability of an item or items may be submitted by an applicant, local committee or as a joint petition.

WFSB 7.01(2) (2) Form, number of copies, submission. The petition shall be in writing and its caption shall be as follows:

STATE OF WISCONSIN
BEFORE THE WASTE FACILITY SITING BOARD

       

  In the Matter of the (Joint) Petition
  Requesting a Determination of Negotiability
  Pursuant to Section 289.33 (9) (b),
  Stats., Involving a Dispute Between
  (Name of Petitioner)
    and
  (Name of Other Party or Co-Petitioner)
         

The original of the petition shall be signed and the original and 9 copies of the petition shall be submitted to the board. The party submitting the petition shall, at the same time, submit a copy to the other party, or its designated representative, by certified mail or personal delivery.

WFSB 7.01(3) (3) Contents. The petition shall include the following:

WFSB 7.01(3)(a) (a) The caption in the form noted above.

WFSB 7.01(3)(b) (b) The name and address of the applicant involved, and the name and address and telephone number of its principal representative.

WFSB 7.01(3)(c) (c) The names and addresses of the members of the local committee involved, and the name and address and telephone number of its principal representative.

WFSB 7.01(3)(d) (d) A clear and concise statement of the item or items over which a dispute has arisen concerning negotiability.

WFSB 7.01(3)(e) (e) A complete statement of the agreed facts constituting the basis upon which the board is to make its determination in the matter.

WFSB 7.01(3)(f) (f) A clear and concise statement of the position of the petitioner as to whether the item or items set forth in the petition are negotiable.

WFSB 7.01(4) (4) A statement in support of petition. The petition shall attach to the original and each copy of the petition a clear and concise statement of the facts and arguments relied upon by the petitioner in support of the position taken by the petitioner.

WFSB 7.01 History History: Cr. Register, November, 1984, No. 347, eff. 12-1-84; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.

WFSB 7.02 WFSB 7.02 Statement in response to petition.

WFSB 7.02(1) (1) Who shall submit. The party other than the petitioner shall, within 14 days of the receipt of the petition, submit to the board a statement in response to the petition.

WFSB 7.02(2) (2) Form, number of copies, filing and service. The statement in response shall be in writing and shall include the caption of the case. The original and 9 copies shall be submitted to the board. The party submitting the statement in response shall at the same time submit a copy to the petitioner, or its designated representative, by certified mail or personal delivery.

WFSB 7.02(3) (3) Contents. The statement in response shall include the following:

WFSB 7.02(3)(a) (a) A clear and concise statement of the position taken by the party as to whether the item or items are negotiable as set forth by the petitioner.

WFSB 7.02(3)(b) (b) A clear and concise statement of the facts and arguments relied upon by such party in support of its petition with respect to the matter involved.

WFSB 7.02(3)(c) (c) Corrections, as may be deemed necessary, to the names, addresses, telephone numbers and representatives set forth in the petition.

WFSB 7.02 History History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

WFSB 7.03 WFSB 7.03 Withdrawal of petition. Any petition submitted under this chapter may be withdrawn at any time. If the petition is submitted by both parties, both must consent before withdrawal will be effectuated. If one party wishes to withdraw from a joint petition, it may do so and submit a statement in response to petition under the conditions prescribed in s. WFSB 7.02.

WFSB 7.03 History History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

WFSB 7.04 WFSB 7.04 Notice of hearing when issued; contents. Following the submission of a petition and statement in response to the petition, the board shall issue and serve upon each of the parties, a notice of hearing at a fixed place and, except in unusual circumstances, at a time not less than 10 days after the service of such notice.

WFSB 7.04 History History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

WFSB 7.05 WFSB 7.05 Hearings.

WFSB 7.05(1) (1) Who shall conduct. Hearings may be conducted by any examiner and, at any time, an examiner may be substituted for the examiner previously presiding.

WFSB 7.05(2) (2) Scope of hearing. The hearing shall be limited by the examiner to the litigation of and oral arguments on genuine issues of fact or law raised by the parties and remaining for disposition concerning the negotiability of any items enumerated in the petition.

WFSB 7.05 History History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.

WFSB 7.06 WFSB 7.06 Decision concerning negotiability. Within 14 days after submission of the case, the board shall issue a decision concerning the petition and notify the applicant and local committee of that decision. The date on which the last document necessary to the decision of the case is received or the date on which a hearing is closed, whichever is later, shall be regarded as the date of submission of the case.

WFSB 7.06 History History: Cr. Register, November, 1984, No. 347, eff. 12-1-84.