[HISTORY: Adopted by the Village Board of the Village of
Richfield 8-4-2009 by Ord. No. 2009-8-2 (§ 2.03 of prior Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Administrative Review Appeals Board — See § 7-20.
The provisions of this chapter shall not be deemed to repeal
or supersede the provisions of any other section of this Code in conflict
herewith or providing other procedures for review of administrative
determinations within the Village except when otherwise specifically
provided in such sections.
The purpose of this chapter is to afford a constitutionally
sufficient, fair, and orderly administrative procedure and review
in connection with determinations by all Village officers, employees,
agents, agencies, committees, boards, and commissions which may involve
constitutionally protected rights of specific persons which are entitled
to due process protection under the 14th Amendment to the United States
Constitution. Wisconsin Statutes Chapter 68, relating to municipal
administrative review procedure, shall be in full force and effect
in the Village, except as to those provisions otherwise provided in
this chapter.
A.
Membership. For membership provisions concerning the Administrative Review Appeals Board see § 7-20 of this Code.
B.
Powers and duties. The Administrative Review Appeals Board shall
have the duty and responsibility of hearing appeals from initial administrative
determinations or decisions of Village officers, employees, agents,
agencies, committees, boards, and commissions filed in accordance
with § 68.10, Wis. Stats. In conducting administrative review
hearings and making final decisions, such Board shall be governed
by §§ 68.11 and 68.12, Wis. Stats.[1]
Upon the filing of a written request by any person aggrieved
to review an initial determination filed pursuant to the provisions
of § 68.08, Wis. Stats., all Village officers, employees,
agents, agencies, committees, boards, and commissions receiving such
a request shall conduct administrative reviews of their own determinations
in accordance with § 68.09, Wis. Stats. In addition, all
such written requests shall be immediately referred to the Village
Attorney.
The following determinations are reviewable under this chapter:
A.
The grant or denial, in whole or in part, after application for an
initial permit, license, right, privilege, or authority, except:[1]
B.
The suspension, revocation or nonrenewal of an existing permit, license, right, privilege, or authority, except as provided in § 11-6E.
C.
The denial of a grant of money or other thing of substantial value
under a statute or ordinance prescribing conditions of eligibility
for such grant.
D.
The imposition of a penalty or sanction upon any person except a
Village employee or officer, other than by a court.
Except as provided in § 11-5, the following determinations are not reviewable under this chapter:
A.
A legislative enactment, which is an ordinance, resolution, or adopted
motion of the Village Board.
B.
Any action subject to administrative or judicial review procedures
under statutes other than Ch. 68, Wis. Stats.
C.
The denial of a tort or contract claim for money, required to be
filed with the Village pursuant to statutory procedures for the filing
of such claims.
D.
The suspension, removal, or disciplining or nonrenewal of a contract
of a Village employee or officer.
E.
The grant, denial, suspension, or revocation of a fermented malt
beverage or intoxicating liquor license under § 125.12(1),
(2) and (3), Wis. Stats.
F.
Judgments and orders of a court.
G.
Determinations made during Village labor negotiations.
H.
Any action which is subject to other administrative review procedures
provided for in this Code or by statute.
I.
Notwithstanding any other provision of this chapter, any action or
determination of a Village authority which does not involve the constitutionally
protected right of a specific person to due process in connection
with the action or determination.
