[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:
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.
The suspension, revocation or nonrenewal of an existing permit, license, right, privilege or authority, except as provided in § 68.03(5), Wis. Stats.
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.
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 legislative enactment. A legislative enactment is an ordinance, resolution or adopted motion of the Town Board of the Town of Fulton.
Any action subject to administrative or judicial review procedures under other statutes.
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.
The suspension, removal, disciplining or nonrenewal of a contract of a Town of Fulton officer or Town of Fulton employee.
The grant, denial, suspension or revocation of an alcohol beverage license under § 125.12, Wis. Stats.
Judgments and orders of court.
Determinations made during municipal labor negotiations.
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.
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.
- PERSON AGGRIEVED
- 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.
- TOWN OF FULTON AUTHORITY
- 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.
Initial determination. If a request for review is made under this chapter, the determination to be reviewed shall be termed an "initial determination."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.