NR 747.54(9)(c)(c) If the issue of the dollar amount of incurred costs that were denied by the department has been submitted for resolution, the arbitrator shall determine, pursuant to par. (d), the dollar amount recoverable by the claimant and shall award the amount of such costs to the claimant.
NR 747.54(9)(d)(d) The arbitrator shall uphold the department’s denial of costs in full or in part unless the claimant can establish that all or part of such costs were either of the following:
NR 747.54(9)(d)1.1. Eligible costs based upon the department’s list of eligible costs in s. NR 747.30, or the schedule of usual and customary costs established by the department under s. NR 747.325 for the period in which the costs were incurred.
NR 747.54(9)(d)2.2. Clearly not excessive and clearly necessary, taking into account the circumstances of the remedial action and relative to the usual and customary cost schedule established by the department under s. NR 747.325 for the time period in which the costs were actually incurred.
NR 747.54(9)(e)(e) If the arbitrator upholds the department’s denial only in part, the arbitrator shall award to the claimant only those costs incurred in connection with the portions of the remedial action that were upheld along with any associated interest that was denied, less any remaining deductible and subject to occurrence maximums.
NR 747.54(9)(f)(f) The standard of review to be applied by the arbitrator to the department’s reimbursement denial decision shall be whether the decision was arbitrary and capricious, or otherwise not in accordance with law.
NR 747.54(10)(10)Arbitration decision.
NR 747.54(10)(a)(a) Within 5 days after receipt of the statement and answer submitted under sub. (8), the arbitrator shall review the submittals and request any needed additional information from the claimant or the department.
NR 747.54(10)(b)(b) Any information requested under par. (a) shall be submitted to the arbitrator and served upon all other parties, within 5 days after receiving the request.
NR 747.54(10)(c)(c) Within 10 days after receipt of either the submittals under sub. (8) or the information requested under par. (a), whichever is applicable, the arbitrator shall render a proposed decision and shall mail the proposal to the parties, unless the parties have settled the dispute prior to the decision.
NR 747.54(10)(d)(d) Within 10 days after receipt of the proposed decision, a party may submit additional information to the arbitrator, and if done, shall serve a copy of the additional information to all other parties.
NR 747.54(10)(e)(e)
NR 747.54(10)(e)1.1. Within 5 business days after receipt of any additional information submitted under par. (d), the arbitrator shall render a final decision.
NR 747.54(10)(e)2.2. The final decision shall be in writing and shall be signed by the arbitrator. It shall be limited in accordance with the arbitrator’s jurisdiction as established in sub. (9), and shall, if such issues have been jointly submitted by the parties for resolution, contain the arbitrator’s determination of the dollar amount of costs denied by the department, if any, to be awarded to the claimant.
NR 747.54(10)(f)(f) The parties shall accept as legal delivery of the final decision the placing in the United States mail of a true copy of the final decision, sent by certified mail, return receipt requested, addressed to each party’s last known address or each party’s attorney’s last known address, or by personal service.
NR 747.54(10)(g)(g) Notice of the final decision shall be published by the department on its Web site. The notice shall include the name and location of the site concerned, the names of the parties to the proceeding, and a brief summary of the final decision.
NR 747.54(11)(11)Effect and enforcement of final decision.
NR 747.54(11)(a)(a) The final decision shall be binding and conclusive upon the parties as to the issues that were jointly submitted by the parties for resolution and addressed in the decision.
NR 747.54 NoteNote: As established in s. NR 747.54 (1) (b) 1., an arbitrator’s decision may not be appealed under s. NR 747.53.
NR 747.54(11)(b)(b) As established in s. 292.63 (6s), Stats., the final decision under this section is subject to review under ss. 227.53 to 227.57, Stats., only on the ground that the decision was procured by corruption, fraud, or undue means.
NR 747.54(11)(c)(c) Except as necessary to show fraud, misconduct, partiality, or excess of jurisdiction or authority, in any enforcement action, a party may not raise, for the purpose of overturning or otherwise challenging the final decision, issues arising in the claim that were not submitted for resolution by arbitration.
NR 747.54(11)(d)(d) Neither the initiation of an arbitration proceeding nor the rendering of a final decision shall preclude or otherwise affect the ability of the State of Wisconsin, including the department, to do any of the following:
NR 747.54(11)(d)1.1. Seek injunctive relief or enforcement against the claimant for further remedial action at the site concerned pursuant to s. 101.144, Stats., or any other applicable statute, regulation, or legal theory.
NR 747.54 NoteNote: Section 101.144, Stats., was repealed by 2013 Wis. Act 20.
NR 747.54(11)(d)2.2. Seek any relief for any violation of criminal law from any claimant, consultant, commodity provider, contractor, or subcontractor.
NR 747.54(11)(d)3.3. Seek any relief, civil or criminal, from any person not a party to the arbitration proceeding under s. 292.63, Stats., or any other applicable statute, regulation, or legal theory.
NR 747.54(12)(12)Fees and expenses.
NR 747.54(12)(a)(a) In any arbitration conducted, all fees and expenses of the arbitrator shall be divided equally among all parties. All other expenses shall be borne by the party incurring them.
NR 747.54(12)(b)(b) The department shall establish the per diem fee for the arbitrator prior to the commencement of any activities by the arbitrator.