[HISTORY: Adopted by the Town Board of the Town of Manitowish Waters
as Ch. 24 of the 2001 Code. Amendments noted where applicable.]
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.
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 a fermented
malt beverage or intoxicating liquor license.
B.
The suspension, revocation or nonrenewal of an existing permit, license, right, privilege or authority, except as provided in § 6-3D.
C.
The denial of a grant of money or other thing of 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 municipal employee or officer, 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.
B.
Any action subject to administrative or judicial review
procedures under state statutes or other provisions of this Code.
D.
The grant, denial, suspension or revocation of a fermented
malt beverage license or intoxicating liquor license under Ch. 125, Wis. Stats.
E.
Judgments and orders of a court.
F.
Determinations made during municipal labor negotiations.
G.
Determinations that are subject to grievance, arbitration
or other procedures provided in collective bargaining agreements.
H.
Any action or determination which does not involve the
constitutionally protected right of a specific person or persons to due process
in connection with the action or determination.
A person aggrieved includes any individual, partnership, corporation,
association, or 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. A department,
board, commission, agency, official or employee of the Town who is aggrieved
may not 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 a review proceeding under this chapter initiated
by another.
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 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 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.
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 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 municipal authority.
A.
Initial determination. If a request for review is made under § 6-7, 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 official, employee, agent, agency, committee, board, commission
or body which made the initial determination.
C.
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.
D.
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.
E.
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, advise that the appeal may
be taken within 30 days and name the office or person with whom notice of
appeal shall be filed.
A.
From initial determination or decision on review.
(1)
If the person aggrieved had a hearing substantially in compliance with § 6-10 when the initial determination was made, he may elect to follow §§ 6-6 through 6-8 but is not entitled to a further hearing under § 6-10 unless granted by the municipal authority. He may, however, seek judicial review under § 6-12.
B.
Time within which appeal may be taken under this section. Appeal from a decision on review under § 6-8 may be taken within 30 days of notice of such decision.
C.
How appeal may be taken. An appeal under this section
may be taken by filing with or mailing to the Town Clerk/Treasurer a written
notice of appeal.
A.
Time of hearing. The Town shall provide the appellant a hearing on an appeal under § 6-9 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.
B.
Conduct of hearing. At the hearing, the appellant and
the municipal authority may be represented by counsel and may present evidence,
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
Chairperson shall appoint, without confirmation, an impartial decision-maker,
who may be an official, committee, board or commission of the Town or the
Town Board which 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 Chairperson to conduct the hearing
and report to the decision-maker.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
