Section HS 1.04 - Appeals(1) TIME FOR FILING. Any party in a hearing under s. 157.70(5), Stats., may appeal the determination of the director or the division of hearings and appeals on whether to allow the disturbance of a cataloged burial site to the board within 15 business days of when the notice of the determination was mailed.(2) FORM FOR APPEAL. A petition for appeal shall be in writing to the Burial Sites Preservation Board, State Historical Society of Wisconsin, 816 State Street, Madison, WI 53706-1488 and shall contain:(a) Full name and address of the person making the appeal.(b) A clear and concise statement of the petitioner's objections and reasons for reconsideration of the decision made by the director or division of hearings and appeals.(3) NUMBER OF COPIES. The petitioner shall submit an original and one copy of the petition for appeal and accompanying documentation to the board. The petitioner shall also notify, by telephone, the burial sites preservation office, at 1 (800) 342-7834, that the appeal was sent by certified mail, return receipt requested.(4) NOTICE OF APPEAL. After receiving a petition for appeal, the board shall send one copy of the proceedings to all other parties and respondents by certified mail, return receipt requested, within 10 business days of receiving the petition for appeal.(5) ANSWERS. A respondent shall file a written response by certified mail, return receipt requested, with an original and one copy, to the board within 10 business days of receipt of a copy of the petition for appeal and shall state the respondent's position regarding the points made in the appeal. The respondent shall also notify, by telephone, the burial sites preservation office, at 1 (800) 342-7834, that the response was sent by certified mail, return receipt requested. If the respondent fails to file a timely response, the allegations of the petition for appeal may be taken as true and the board may rule on the petition for appeal without further notice or hearing.(6) HEARINGS. (a) The hearing shall be placed on the calendar for the board's next scheduled meeting if the petition for appeal is received at least 30 business days prior to the meeting. If received within 30 business days the board has the option to place the hearing on the agenda for its next meeting if the time requirements in subs. (4) and (5) have been met.(b) The chairperson of the board shall preside at the hearing unless the chairperson is the director and it is the director's decision being appealed. In such cases, the vice chair shall preside.(c) The board shall review the existing record and shall not accept evidence that was not introduced at a previous hearing.(d) The board may accept written or oral arguments.(7) TRANSCRIPTS. The board shall make an electronic record of the proceedings. Copies of tapes shall be provided at cost upon request.Wis. Admin. Code Historical Society HS 1.04
Cr. Register, September, 1993, No. 453 eff. 10-1-93.