Chapter PI 1

PI 1.07(4) (4) Conduct of hearing.

PI 1.07(4)(a) (a) If the state superintendent determines that the matter is a contested case under s. 227.01 (3), Stats., the hearing shall be conducted under procedures specified under subch. III of ch. 227, Stats., and this chapter.

PI 1.07(4)(b) (b) The hearing examiner shall have the powers specified under s. 227.46, Stats., regardless of whether the matter is being treated as a contested case under ch. 227, Stats.

PI 1.07(4)(c) (c) If the local education agency fails to appear at the hearing, the hearing examiner may proceed with the hearing.

PI 1.07(5) (5) Hearing record and transcripts. The department shall ensure that a stenographic or electronic record of oral proceedings is made when required under ch. 227, Stats. The department shall transcribe the hearing record at the request of either party if the transcript is needed for an appeal of the decision of the state superintendent or hearing examiner. The department shall charge a reasonable fee for transcribing the hearing record unless the state superintendent determines that the party is unable to pay.

PI 1.07(6) (6) Notices remain in effect. Except as otherwise specified in the applicable decision and order, a decision and order of the state superintendent or department that is being reviewed under this chapter shall remain in effect until a final decision and order is issued under s. 227.47, Stats.

PI 1.07 History History: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (4) (a), (b), cr. (6) Register January 2018 No. 745 eff. 2-1-18.

PI 1.08 PI 1.08 Decision. Following the hearing of a contested case under ch. 227, Stats., and when otherwise required by statute or rule, the decision of the state superintendent or hearing examiner shall be in writing stating separate findings of fact and conclusions of law. The decision may order remedies which the state superintendent or hearing examiner determines appropriate, and may or may not include the relief sought by the complainant or appellant. Decisions shall be served on all parties by mailing a copy to each party’s last known address along with a notice of any right to further review as may be provided by the statute or rule under which the complaint is filed or ss. 227.52 to 227.57, Stats.

PI 1.08 History History: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. Register January 2018 No. 745 eff. 2-1-18.

PI 1.09 PI 1.09 Withdrawal, failure to prosecute.

PI 1.09(1) (1) Withdrawal. At any time prior to the issuance of a final decision, the complainant or appellant may withdraw the complaint or appeal in writing. Upon receiving such a request, the state superintendent shall issue an order dismissing the matter without prejudice.

PI 1.09(2) (2) Failure to prosecute. The state superintendent may dismiss any complaint or appeal if any of the following occurs:

PI 1.09(2)(a) (a) The complainant or appellant fails to respond within 20 days to correspondence, sent by U.S. mail or electronic mail to his or her last known address, from or on behalf of the state superintendent concerning the complaint or appeal.

PI 1.09(2)(b) (b) The complainant or appellant fails to appear at the hearing.

PI 1.09 History History: Cr. Register, December, 1987, No. 384, eff. 1-1-88; CR 17-052: am. (2) (intro.), (a) Register January 2018 No. 745 eff. 2-1-18.

PI 1.10 PI 1.10 Rights to further review.

PI 1.10(1) (1) Upon the request of either party, the state superintendent may reopen a complaint or appeal which was resolved informally or through mediation. If the state superintendent reopens the complaint or appeal, he or she shall determine which procedures under s. PI 1.04 to follow.

PI 1.10(2) (2) Final decisions issued by the state superintendent shall specify any rights the parties may have to judicial review under ch. 227, Stats., or other statute or rule.

PI 1.10 History History: Cr. Register, December, 1987, No. 384, eff. 1-1-88.

PI 1.11 PI 1.11 Food and nutrition appeals.

PI 1.11(1) (1) Applicability. Notwithstanding ss. PI 1.03, 1.04, and 1.07, this section governs appeals filed under 7 CFR part 210, 215, 220, 225, or 226.

PI 1.11(2) (2) Who may request. A person or institution adversely affected by an action of the department under 7 CFR part 210, 215, 220, 225, or 226 may request a desk review or a contested case hearing on that action.

PI 1.11(3) (3) Request form. In order to be considered, a request under sub. (2) shall be filed with the office of legal services within 15 days of the date of the department’s action on a form provided by the department.

PI 1.11 Note Note: A request for a desk review or a contested case hearing may be filed with the office of legal services at the following address:
Office of Legal Services
Wisconsin Department of Public Instruction
125 S. Webster St.
PO Box 7841
Madison, WI 53707-7841

PI 1.11(4) (4) Granting a request. The department shall grant a request for desk review or contested case hearing if all of the following apply:

PI 1.11(4)(a) (a) The department has jurisdiction over the matter.

PI 1.11(4)(b) (b) The request for a desk review or contested case hearing complies with the requirements under subs. (2) and (3).

PI 1.11(4)(c) (c) The requestor is entitled to a desk review or contested case hearing under s. 227.42, Stats., and 7 CFR part 210, 215, 220, 225, or 226.

PI 1.11(5) (5) Procedures. If the department grants a desk review or contested case hearing under sub. (4), the desk review or contested case hearing shall follow procedures specified under 7 CFR part 210.18 (q), 225.13, or 226.6 (k).

PI 1.11 History History: CR 17-052: cr. Register January 2018 No. 745 eff. 2-1-18.