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.

The suspension, revocation or nonrenewal of an existing permit, license, right, privilege or authority, except as provided in § 5-3D.

The denial of a grant of money or other thing of value under a statute or ordinance prescribing conditions of eligibility for such grant.

The imposition of a penalty or sanction upon any person except a municipal employee or officer, other than by a court.

The suspension or removal of a Village official or employee, except as provided in § 5-3B and G.

A legislative enactment. A legislative enactment is an ordinance, resolution or adopted motion of the Village Board.

Any action subject to administrative or judicial review procedures under state statutes or other provisions of this Code.

The denial of a tort or contract claim for money required to be filed with the Village pursuant to statutory procedures for the filing of such claims.[1]

The grant, denial, suspension or revocation of a fermented malt beverage or intoxicating liquor license under Ch. 125, Wis. Stats.

Judgments and orders of a court.

Determinations made during municipal labor negotiations.

Determinations subject to grievance, arbitration or other procedures provided in collective bargaining agreements.

Notwithstanding any other provision of this chapter, any action or determination of a municipal authority which does not involve the constitutionally protected right of a specific person or persons to due process in connection with the action or determination.[2]

Initial determination. If a request for review is made under § 5-7, 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 official, employee, agent, agency, committee, board, commission or body who or which made the initial determination. However, an independent review of such determination by another person, committee or agency of the Village, appointed by the Village President, without confirmation, shall be provided if practicable.

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.

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.

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, shall advise that the appeal may be taken within 30 days and shall name the office or person with which or with whom notice of appeal shall be filed.

From initial determination or decision on review.

Time within which appeal may be taken under this section. Appeal from a decision on review under § 5-8 may 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 municipal authority's decision on review written notice of appeal.

Time of hearing. The Village shall provide the appellant a hearing on an appeal under § 5-9 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. The office or person with which or with whom a notice of appeal is filed shall immediately notify the Village Attorney, who shall forthwith advise the Village President of such appeal.

Conduct of hearing. At the hearing, the appellant and the municipal 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 Village President shall appoint, without confirmation, an impartial decisionmaker, who may be an official, committee, board or commission of the Village or the Village Board who or which did not participate in making or reviewing the initial determination, who or which shall make the decision on administrative appeal and who or which may issue subpoenas. The hearing may, however, be conducted by an impartial person, committee, board or commission designated by the Village President to conduct the hearing and report to the decisionmaker.

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 make 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 Village.

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.

Within 20 days of completion of the hearing conducted under § 5-10 and the filing of briefs, if any, the decisionmaker shall mail or deliver to the appellant its written determination, stating the reasons therefor. Such determination shall be a final determination.

A determination following a hearing substantially meeting the requirements of § 5-10, or a decision on review under § 5-8 following such hearing, shall be a final determination, judicial review of which may be obtained under § 5-12.

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.

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 Village, 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.

Seeking review pursuant to this chapter does not preclude a person aggrieved from seeking relief from the Village Board or any of its boards, commissions, committees or agencies which may have jurisdiction.

If, in the course of legislative review under this section, a determination is modified, such modification and any evidence adduced before the Village Board, board, commission, committee or agency shall be made part of the record on review under § 5-12.

The Village Board, board, commission, committee or agency conducting a legislative review under this section need not conduct the type of hearing required under § 5-10.