DHS 18.09(3)(3) Period for comment. The department shall allow a minimum of 45 days from the date the notice of availability of the DEIS is published, including a minimum of 7 days following the hearing provided for in sub. (4), for receipt of written comments on the DEIS.

DHS 18.09(4)(a)(a) The department shall hold a public hearing on the DEIS. The hearing shall be noticed as follows:

DHS 18.09(4)(a)1.1. At least 30 days prior to the hearing, notice shall be mailed to all known agencies and offices required to grant any permit, license or approval necessary for the proposal; to any regional planning commission within which the affected area lies; to the governing bodies of all towns, villages, cities and counties within which any part of the proposal lies; to the governing bodies of any towns, villages or cities contiguous to any town, village or city within which any part of the proposal lies; and to interested persons who have requested such notification.

DHS 18.09(4)(a)2.2. At least 25 days prior to the hearing, a notice shall be published in a newspaper circulated in the affected area or, for actions of statewide significance, in the official state newspaper.

DHS 18.09(4)(b)(b) The hearing shall be held in the affected area. On actions of statewide significance, the hearing may be held in Madison.

DHS 18.09(4)(c)(c) The hearing shall be transcribed either stenographically or electronically.

DHS 18.10DHS 18.10 Conversion of DEIS to FEIS. After weighing the testimony received at the public hearing on the DEIS, and undertaking whatever further investigation in response to that testimony seems necessary, the department may convert a DEIS to an FEIS. This may be accomplished by replacing the cover sheet, modifying the statement as judged appropriate to reflect information received at public hearing or while the hearing record was kept open, and by adding an appendix which records and responds to information, concerns, views, arguments, and suggestions received at the hearing and while the hearing record was kept open.

DHS 18.11(1)(1) Distribution. The FEIS shall be distributed in the same manner as the DEIS in s. DHS 18.09 (1), and shall also be distributed to any person, organization or agency that submitted comments on the DEIS.

DHS 18.11(2)(2) Notice of availability. The availability of the FEIS shall be announced through a notice similar to the notice of availability of the DEIS in s. DHS 18.09 (2). That notice shall state whether the department will hold a public hearing on the FEIS, as permitted under sub. (3) (b). The department shall provide a copy of the FEIS to any individual or group requesting a copy.

DHS 18.11(3)(a)(a) The department shall allow a minimum of 45 days from the date the notice of availability of the FEIS is published, including a minimum of 7 days following a hearing held under par. (b), for receipt of written comments on the FEIS from state and federal agencies and the public.

DHS 18.11(3)(b)(b) The department may hold a public hearing on the FEIS. That hearing shall be announced through the notice of availability of the FEIS which shall be published at least 25 days prior to the hearing in a newspaper circulated in the affected area or, for actions of statewide significance, in the official state newspaper.

DHS 18.11(4)(a)(a) Request for a hearing. Any person meeting the qualifications contained in s. 227.42 (1) (a) to (d), Stats., may within 20 days after publication of the notice of availability under sub. (2), or within 20 days after the public hearing under sub. (3) (b), if there is one, file with the department a request for a contested case hearing. The request shall include facts sufficient to establish that the person satisfies the criteria set forth in s. 227.42 (1) (a) to (d), Stats., and a statement of the reasons the person believes that the FEIS does not conform to the requirements of s. 1.11, Stats. Any request received by the department more than 20 days after the date of publication of the notice of availability or more than 20 days after a public hearing under sub. (3) (b) shall be denied.

DHS 18.11(4)(b)(b) Hearing.

DHS 18.11(4)(b)1.1. If the department grants a request for a contested case hearing, the department shall inform the person making the request about the date, time and place of the hearing.

DHS 18.11(4)(b)2.2. In the event that more than one request for a hearing on the FEIS is granted, the department may consolidate the requests and hold one hearing.

DHS 18.11(4)(b)3.3. The only issue at the hearing shall be whether the FEIS complies with the requirements of s. 1.11, Stats. The persons who requested the hearing shall have the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the FEIS does not comply with the requirements of s. 1.11, Stats.

DHS 18.11(4)(b)4.4. The hearing shall be held in accordance with the department’s general procedural rules for hearings or, in the absence of those rules, the conditions and procedures set out in ss. 227.44 to 227.50, Stats., except as otherwise provided in this subsection.

DHS 18.11(4)(c)(c) Evidence, discovery, and disclosure.

DHS 18.11(4)(c)1.1. The FEIS shall be received into the hearing record as an exception to the hearsay rule and shall be considered by the department in making its decision for whatever probative value the FEIS has.

DHS 18.11(4)(c)2.2. Notwithstanding any other rule of the department, the parties in proceedings under this action shall have the means of discovery, except written interrogatories and depositions on written questions, available to parties through judicial proceedings set forth in ch. 804, Stats.