Section Trans 178.07 - Appeal procedures(1) GENERAL. A person may petition the office that administers this chapter for a redetermination. If a person files a petition for redetermination, the additional fee or overpayment shall not become due and payable until 30 days after the date of notice of the completed audit. Note: The motor carrier services section currently administers this chapter.
(2) FORMAT. The petition for redetermination shall be legibly written, typed, or emailed to the head of the department's motor carrier audit program. The petition shall set forth clearly and concisely the specific grievance to the action, including a statement of the relevant facts and propositions of law upon which the grievance is based. Each request shall be signed by the registrant or a duly authorized representative.(3) FILING DEADLINE. A petition for redetermination shall be filed within 30 days after the date of notice of a completed audit. A petition for redetermination is considered filed on the date it is received by the department's office that completed the audit, or if it is mailed in a properly addressed envelope, with postage prepaid, the envelope is postmarked before midnight the 30th day and the petition is received by the department within 5 days of the postmark.(4) PAYMENT. Any person who files a petition for redetermination may pay any portion of the assessment admitted to be correct. The payment shall be considered admission that that portion of the assessment is correct. The admitted portion that is paid may not be recovered in an appeal in any other action or proceeding.(5) INFORMAL CONFERENCE. A person may request in a petition for redetermination or at any time before the department has acted upon the petition, an informal conference at which the facts and issues involved in the assessment or determination may be discussed. The conference shall be held at a time and place determined by the department. A request under this subsection does not toll the filing deadline under sub. (3).(6) SETTLEMENT AGREEMENT. If during the appeal process the parties reach agreement, the department and the petitioner may enter a settlement agreement.Wis. Admin. Code Department of Transportation § Trans 178.07
Adopted by, CR 16-074: cr. Register June 2019 No. 762, eff. 7-1-19; correction in (1) made under s. 13.92(4) (b) 12., Stats., Register June 2019 No. 762, eff. 7/1/2019