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.