Number
081475
Version
ORIGINAL
Reference
Sponsor
ALD. HAMILTON
Title
An ordinance relating to notice of actions subject to the review of the administrative review appeals board.
Sections
320-11-6 rn
320-11-6-b cr
320-11-6-c cr
320-11-6-d cr
Analysis
Pursuant to ch. 68, Wis. Stats., appeals to the administrative review appeals board must be taken within 30 days of notice of the determination or decision appealed from. In addition, ch. 68, requires the administrative review appeals board to provide a hearing on an appeal within 15 days of receipt of the notice of appeal. This ordinance clarifies that appeals to the board must be received by the city clerk no later than 30
days after the date that appears on the face of a written notice of the determination or decision, provided the written notice is mailed to the appellant no later than 2 working days after the date that appears on its face. This ordinance also provides that appeals to the board will be heard as soon as practicable. Pursuant to s. 68.16, Wis. Stats., the ordinance further expresses the city’s intention to opt out of any provision of ch. 68, Wis. Stats., to the contrary.
In addition, for the purpose of s. 68.10(2), this ordinance defines notice of actions subject to review of the administrative appeals board as the date listed on the document provided to the applicant informing him or her of the action subject to appeal, provided that this document is mailed no later than 2 working days after the date of the document.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 320-11-6 of the code is renumbered 320-11-6-a.
Part 2. Section 320-11-6-b to d of the code is created to read:
320-11. Administrative Review Appeals Board.
6. STATE LAW.
b. For the purposes of s. 68.10(2), Wis. Stats., notice shall mean the date listed on the document provided to the appellant informing him or her of the action subject to appeal, provided that this document is mailed no later that 2 working days after the date of the document.
c. All appeals to the board shall be received by the city clerk no later than 30 days after the date that appears on the face of a written notice of the determination or decision appealed from, provided the written notice is mailed to the aggrieved person no later than 2 working days after the date that appears on its face. If the written notice is mailed more than 2 working days after the date that appears on its face, appeals to the board shall be received by the city clerk no later than 30 days after the date it is received by the aggrieved person. Under s. 68.16, Wis. Stats., the city elects not to be governed by any portion of ch. 68, Wis. Stats., that conflicts with this paragraph.
d. After the receipt of a timely appeal, the board shall schedule a hearing on the appeal as soon as is practicable. Under s. 68.16, Wis. Stats., the city elects not to be governed by any portion of ch. 68, Wis. Stats., that conflicts with this paragraph.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
City Clerk’s Office
Drafter
LRB09039-1
TWM/sd
2/3/2009