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Chapter 24
CHAPTER 24
ADMINISTRATIVE REVIEW PROCEDURE
#240124.01 Review of Administrative Determination
24.02 Determinations Reviewable
24.03 Determinations Not Subject to Review
24.04 Municipal Authority Defined
24.06 Reducing Determination to Writing
24.07 Request for Review of Determination
24.10 Hearing on Administrative Appeal
24.01 REVIEW OF ADMINISTRATIVE DETERMINATIONS. Any person
aggrieved by an administrative determination of the Town Board or a board, commission,
committee, agency, official or employee of the Town or an agent acting on its behalf
may have such determination reviewed as provided in this chapter. The remedies under
this chapter shall not be exclusive, but an election to proceed hereunder shall be an
election of remedies.
24.02 DETERMINATIONS REVIEWABLE. The following determinations are
reviewable under this chapter:
(1) The grant or denial in whole or in part, after application of an initial
permit, license, right, privilege or authority, except a fermented malt beverage or
intoxicating liquor license.
(2) The suspension, revocation or nonrenewal of an existing permit, license,
right, privilege or authority, except as provided in Sec. 24.03(4).
(3) The denial of a grant of money or other thing of value under a statute
or ordinance prescribing conditions of eligibility for such grant.
(4) The imposition of a penalty or sanction upon any person except a
municipal employee or officer, other than by a court.
(5) The suspension or removal of a Town official or employee except as
provided in Sec. 24.03(2) and (7).
24.03 DETERMINATIONS NOT SUBJECT TO REVIEW. The following
determinations are not reviewable under this chapter:
(1) A legislative enactment. A legislative enactment is an ordinance,
resolution or adopted motion of the Town Board.
(2) Any action subject to administrative or judicial review procedures under
State statutes or other provisions of this Code.
(3) The denial of a tort or contract claim for money required to be filed
with the Town under Sec. 62.25, Wis. Stats.
(4) The grant, denial, suspension or revocation of a fermented malt beverage
license under Sec. 66.054(13)(b), Wis. Stats., or intoxicating liquor license under Sees.
176.11 or 176.12, Wis. Stats.
(5) Judgments and orders of a court.
(6) Determinations made during municipal labor negotiations.
(7) Determinations subject to grievance, arbitration or other procedures
provided in collective bargaining agreements.
24.04 MUNICIPAL AUTHORITY DEFINE D. "Municipal authority" includes
the Town Board, commission, committee, agency, official, employee or agent of the
Town making a determination under Sec. 24.01, and every person, committee or agency
of the Town authorized to make an independent review under Sec. 24.08(2).
24.05 PERSONS AGGRIEVED. A person aggrieved includes any individual,
partnership, corporation, association, public or private organization, and any official,
department, board, commission or agency of the Town, whose rights, duties or privileges
are adversely affected by a determination of a municipal authority. No department,
board, commission, agency, official or employee of the Town who is aggrieved may
initiate review under this chapter of a determination of any other department, board,
commission, agency, official or employee of the Town, but may respond or intervene in
l! review proceeding under this chapter initiated by another.
24.06 REDUCING DETERMINATION TO WRITING. If a determination
subject to this chapter is made orally or, if in writing, does not state the reasons
therefor, the municipal authority making such determination shall, upon written request
of any person aggrieved by such determination made within ten days of notice of such
determination, reduce the termination and the reasons therefor to writing and mail or
deliver such determinatin and reasons to the person making the request. The
determination shall be dated and shall advise such person of his right to have such
determination reviewed, shall advise that such review may be taken within 30 days and
shall name the office or person to whom a request for review shall be addressed.
24.07 REQUEST FOR REVIEW OF DETERMINATION. Any person aggrieved
may have a written or oral determination reviewed by written request mailed or
delivered to the municipal authority which made such determination within 30 days of
notice to such person of such determination. The request for review shall state the
grounds upon which the person aggrieved contends that the determination should be
modified or reversed. A request for review shall be made to the official, employee,
agent, agency, committee, board, commission or body who made the determination; but
failure to make such request to the proper party shall not preclude the person aggrieved
from review unless such failure has caused prejudice to the municipal authority.
24.08 REVIEW OF DETERMINATION. (1) INITIAL DETERMINATION. If
a request for review is made under Sec. 24.07, the determination to be reviewed shall
be termed an initial determination.
(2) WHO SHALL MAKE REVIEW. A review under this section may be made
by the official, employee, agent, agency, committee, board, commission or body who
made the initial determination. However, an independent review of such determination
by another person, committee or agency of the Town, appointed by the Town Chairman,
without confirmation, shall be provided if practicable.
(3) WHEN TO MAKE REVIEW. The municipal authority shall review the
initial determination within 15 days of receipt of a request for review. The time for
review may be extended by agreement with the person aggrieved.
(4) RIGHT TO PRESENT EVIDENCE AND ARGUMENT. The person aggrieved
may file with his request for review or within the time agreed with the municipal
authority written evidence and argument in support of his position with respect to the
initial determination.
(5) DECISION ON REVIEW. The municipal authority may affirm, reverse
or modify the initial determination and shall mail or deliver to the person aggrieved
a copy of the municipal authority's decision on review, which shall state the reasons
for such decision. The decision shall advise the person aggrieved of his right to appeal
the decision, shall advise that the appeal may be taken within 30 days and shall name
the office or person with whom notice of appeal shall be filed.
24.09 ADMINISTRATIVE APPEAL. (1) FROM INITIAL DETERMINATION
OR DECISION ON REVIEW, (a) If the person aggrieved had a hearing substantially
in compliance with Sec. 24.10 when the initial determination was made, he may elect
to follow Sees. 24.06 through 24.08 but is not entitled to a further hearing under Sec.
24.10 unless granted by the municipal authority, lie may, however, seek judicial review
under Sec. 24.12
(b) If the person aggrieved did not have a hearing substantially in compliance
with Sec. 24.10 when the initial determination was made, he shall follow Sees. 24.06
through 24.08 and may appeal under this section (Sec. 24.09) from the decision made
under Sec. 24.08.
(2) TIME WITHIN WHICH APPEAL MAYBE TAKEN UNDER THE SECTION.
Appeal from a decision on review under Sec. 24.08 may be taken within 30 days of
notice of such decision.
(3) HOW APPEAL MAY BE TAKEN. An appeal under this section may be
taken by filing with or mailing to the office or person designated in the municipal
authority's decision on review written notice of appeal.
24.10 HEARING ON ADMINISTRATIVE APPEAL. (1) TIME OF HEARING.
The Town shall provide the appellant a hearing on an appeal under Sec. 24.09 within
15 days of receipt of the notice of appeal and shall serve the appellant with notice of
such hearing by mail or personal service at least 10 days before such hearing. The
office or person with whom a notice of appeal is filed shall immediately notify the
Town Attorney, who shall forthwith advise the Town Chairman of such appeal.
(2) CONDUCT OF HEARING. At the hearing, the appellant and the
municipal authority may be represented by counsel and may present evidence and call
and examine witnesses and cross-examine witnesses of the other party. Such witnesses
shall be sworn by the person conducting the hearing. The Town Chairman shall appoint,
without confirmation, an impartial decision-maker, who may be an official, committee,
board or commission of the Town or the Town Board who did not participate in making
or reviewing the initial determination, who shall make the decision on administrative
appeal and who may issue subpoenas. The hearing may, however, be conducted by an
impartial person, committee, board or commission designated by the Town Chairman
to conduct the hearing and report to the decision-maker.
(3) RECORD OF HEARING. The person conducting the hearing or a person
employed for the purpose of making a record of the hearing shall take notes of the
testimony and shall mark and preserve all exhibits. The person conducting the hearing
may, and upon request of the appellant shall, cause the proceedings to be taken by a
stenographer or by a recording device, the expense thereof to be paid by the Town.
(4) HEARING ON INITIAL DETERMINATION. Where substantial existing
rights are affected by an initial determination, the municipal authority making such
determination shall, when practicable, give any person directly affected an opportunity
to be heard in accordance with this section before making such determination.
24.11 FINAL DETERMINATION. (1) Within 20 days of completion of the
hearing conducted under Sec. 24.10 and the filing of briefs, if any, the decision-maker
shall mail or deliver to the appellant its written determination, stating the reasons
therefor. Such determination shall be a final determination.
(2) A determination following a hearing substantially meeting the
requirements of Sec. 24.10, or a decision on review under Sec. 24.08 following such
hearing, shall be a final determination, judicial review of which may be obtained under
Sec. 24.12.
24.12 JUDICIAL REVIEW. (1) Any party to a proceeding resulting in a
final determination may seek review thereof by writ of certiorari within 30 days of
receipt of the final determination.
(2) The record of the proceedings shall be transcribed at the expense of
the person seeking review. A transcript shall be supplied to anyone requesting the
same at his expense. If the person seeking review establishes impecuniousness to the
satisfaction of the reviewing court, the court may order the proceedings transcribed
at the expense of the Town; and the person seeking review shall be furnished a free
copy of the transcript. By stipulation, the court may order a synopsis of the proceedings
in lieu of a transcript. The court may otherwise limit the requirement for a transcript.
24.13 LEGISLATIVE REVIEW. (1) Seeking review pursuant to this chapter
does not preclude a person aggrieved from seeking relief from the Town Board or any
of its boards, commissions, committees or agencies which may have jurisdiction.
(2) If, in the course of legislative review under this section, a determination
is modified, such modification and any evidence adduced before the Town Board, board,
commission, committee or agency shall be made part of the record on review under
Sec. 24.12.
(3) The Town Board, board, commission, committee or agency conducting
a legislative review under this section need not conduct the type of hearing required
under Sec. 24.10.