[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996
as Ch. 15, Part A of the 1996 Code. Amendments noted where applicable.]
The Town Board of the Town of Fulton has the specific statutory authority,
powers and duties, pursuant to § 68.16, Wis. Stats., to elect not
to be governed by the Administrative Procedure Law established in Ch. 68,
Wis. Stats., in whole or in part, by adopting an ordinance which provides
procedures for administrative review of municipal determinations.
The Town Board of the Town of Fulton has, by adoption of this chapter,
elected not to be governed by the Administrative Procedures Law established
in Ch. 68, Wis. Stats., and has instead established by this chapter, in whole
or in part, a separate and distinct administrative procedure for the Town
of Fulton.
Any person having a substantial interest which is adversely affected
by an administrative determination of the Town Board of the Town of Fulton
or any board, commission, committee, agency, Town of Fulton officer, Town
of Fulton employee or any agent acting on behalf of the Town of Fulton may
have such determination reviewed as provided in this chapter. The remedies
under this chapter shall not be exclusive. A Town of Fulton department, board,
commission, or agency, Town of Fulton officer or Town of Fulton employee who
is aggrieved may not initiate review under this chapter of a determination
of any other Town of Fulton department, board, commission, or agency, Town
of Fulton officer or Town of Fulton employee but may respond or intervene
in a review proceeding under this chapter initiated by another.
The following determinations are reviewable under this chapter:
A.
The grant or denial, in whole or in part, after application,
of an initial permit, license, right, privilege or authority, except an alcohol
beverage license under § 125.12, Wis. Stats.
B.
The suspension, revocation or nonrenewal of an existing
permit, license, right, privilege or authority, except as provided in § 68.03(5),
Wis. Stats.
C.
The denial of a grant of money or other thing of substantial
value under a Town of Fulton ordinance prescribing conditions of eligibility
for such grant.
D.
The imposition of a penalty or sanction upon any person,
except a Town of Fulton officer or Town of Fulton employee, other than by
a court.
The following determinations are not reviewable under this chapter:
A.
A legislative enactment. A legislative enactment is an
ordinance, resolution or adopted motion of the Town Board of the Town of Fulton.
B.
Any action subject to administrative or judicial review
procedures under other statutes.
C.
The denial of a tort or contract claim for money required
to be filed with the Town of Fulton pursuant to statutory procedures for the
filing of such claims.
D.
The suspension, removal, disciplining or nonrenewal of
a contract of a Town of Fulton officer or Town of Fulton employee.
E.
The grant, denial, suspension or revocation of an alcohol
beverage license under § 125.12, Wis. Stats.
F.
Judgments and orders of court.
G.
Determinations made during municipal labor negotiations.
H.
Any action which is subject to administrative review
procedures under a Town of Fulton ordinance providing such procedures as defined
in § 68.16, Wis. Stats., such as (and for example purposes only)
zoning appeals to the Board of Adjustment.
I.
Notwithstanding any other provision of this chapter,
any action or determination of the Town of Fulton which does not involve the
constitutionally protected right of a specific person or persons to due process
in connection with the action or determination.
As used in this chapter, the following terms shall have the meaning
indicated:
A person who files a notice of appeal.
Includes any individual, partnership, corporation, association, public
or private organization, officer, department, board, commission or agency
of the Town of Fulton whose rights, duties or privileges are adversely affected
by a determination of a Town of Fulton authority.
A written legal order directing a person to appear in court to testify
and/or bring documents.
Includes every Town of Fulton board, commission, committee, agency,
officer, employee or agent thereof making a determination under § 68.01,
Wis. Stats., and every person, committee or agency of the Town of Fulton appointed
to make an independent review under § 68.09(2), Wis. Stats.
If a determination subject to this chapter is made orally or, if in
writing, does not state the reasons therefor, the Town of Fulton authority
making such determination shall, upon written request of any persons aggrieved
by such determination made within 10 days of notice of such determination,
reduce the determination and the reasons therefor to writing and mail or deliver
such determination and reasons to the person making the request. The determination
shall be dated and shall advise such person of the right to have such determination
reviewed, the time within which such review may be obtained and the office
or person to whom a request for review shall be addressed.
Any person aggrieved may have a written or oral determination reviewed
by written request mailed or delivered to the Town of Fulton authority which
made such determination within 30 days of notice to such person of such determination.
The request for review shall state the ground or grounds upon which the person
aggrieved contends that the decision should be modified or reversed. A request
for review shall be made to the Town of Fulton officer, employee, agent, agency,
committee, board, commission or body which 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 Town of Fulton
authority.
A.
Initial determination. If a request for review is made
under this chapter, the determination to be reviewed shall be termed an "initial
determination."
B.
Who shall make review. A review under this section may
be made by the Town of Fulton officer, employee, agent, agency, committee,
board, commission or body which made the initial determination. However, an
independent review of such initial determination by another person, committee
or agency of the Town of Fulton may be provided by the Town of Fulton.
C.
When to make review. The Town of Fulton authority shall
review the initial determination within 30 days of receipt of a request for
review. The time for review may be extended by agreement between the person
aggrieved and the Town of Fulton authority.
D.
Right to present evidence and argument. The person aggrieved
may file with the request for review, or within the time agreed with the Town
of Fulton authority, written evidence and argument in support of the person's
position with respect to the initial determination.
E.
Decision on review. The Town of Fulton authority may
affirm, reverse or modify the initial determination and shall mail or deliver
to the person aggrieved a copy of the Town of Fulton authority's decision
on review, which shall state the reasons for such decision.
A.
Time within which appeal may be taken. Appeal from a
decision on review under this chapter shall be taken within 30 days of notice
of such decision.
B.
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 Town of Fulton authority's decision on review written notice of appeal.
The appeal shall, in writing, specify the specific reasons for appeal and
the action requested from the decision maker.
A.
Time of hearing. The Town of Fulton shall provide the
appellant a hearing on appeal under this chapter within 30 days of receipt
of the notice of appeal filed or mailed under this chapter and shall serve
the appellant with notice of such hearing by mail or personal service at least
10 days before such hearing.
B.
Conduct of hearing. At the hearing, the appellant and
the Town of Fulton 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 of Fulton shall provide an impartial decision maker, who may be a
Town of Fulton officer, committee, board, or commission or the Town Board
of the Town of Fulton, who did not participate in making or reviewing the
initial determination, who shall make the decision on administrative appeal.
The decision maker may issue subpoenas. The hearing may, however, be conducted
by an impartial person, committee, board or commission designated to conduct
the hearing and report to the decision maker.
C.
Record of hearing. The Town of Fulton Clerk/Treasurer
shall take notes of the testimony and shall mark and preserve all exhibits.
The person conducting the hearing may cause the proceedings to be taken by
a stenographer or by a recording device, the expense thereof to be paid by
the Town of Fulton. Accurate photocopies of original documents submitted as
evidence may be retained.
A.
Within 20 days of completion of the hearing conducted
under this chapter and the filing of briefs, if any, the decision maker shall
mail or deliver to the appellant his or its written determination stating
the reasons therefor. Such determination shall be a final determination.
B.
A determination following a hearing substantially meeting
the requirements of this chapter or a decision on review under this chapter
following such hearing shall be a final determination.
A.
Any party to a proceeding resulting in a final determination
may seek review thereof by certiorari within 30 days of receipt of the final
determination. The court may affirm or reverse the final determination or
remand to the decision maker for further proceedings consistent with the court's
decision.
B.
If review is sought of a final determination, the record
of the proceedings shall be transcribed at the expense of the person seeking
review. 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.
This chapter does not preclude the Town of Fulton and the person aggrieved
from employing arbitration, mediation or other methods of resolving disputes
and does not supersede contractual provisions for this purpose.
