# Wis. Admin. Code ATCP § 79.09: Appeals of actions by the department

> Wisconsin · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_09

## Section

- **Citation:** Wis. Admin. Code ATCP § 79.09
- **Heading:** Appeals of actions by the department
- **Jurisdiction:** Wisconsin
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wisconsin Administrative Code / ATCP / Chapter ATCP 79 / § ATCP 79.09

## Text

Appeals of actions by the department.
(1)
(a) Except as provided in sub. (2) or (3) , a request for a hearing to contest the denial of a license, a voided license, suspension, revocation, forfeiture, or the issuance of an order under s. ATCP 79.07 (2) shall be submitted in writing to, and be received by, the department of administration’s division of hearings and appeals within 15 calendar days after the date of the department’s action.
(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division’s facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
(e) As a condition for requesting a hearing to appeal the voiding of a license, an applicant or operator shall comply with sub. (3) . In an appeal concerning voiding a license, the burden is on the applicant or operator to show that all the applicable fees, late fees and processing charges have been paid.
acsimile after midnight local time shall be deemed filed on the first following business day.
(e) As a condition for requesting a hearing to appeal the voiding of a license, an applicant or operator shall comply with sub. (3) . In an appeal concerning voiding a license, the burden is on the applicant or operator to show that all the applicable fees, late fees and processing charges have been paid.
(2) A request for hearing to contest a temporary order given by the department under s. ATCP 79.07 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the operator agree to a later date, the immediate danger to health is removed, the order is not contested or the operator and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s. 227.47 , Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
(a) Changes to or replacement of equipment or construction.
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
(3) If the department voids a license for failure to pay fees under s. ATCP 79.05 (6) , the operator shall submit, within 15 days after receipt of the notice of the department’s action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.

## Nearby sections

- [Wis. Admin. Code ATCP § 79.01 Authority and purpose](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_01.md)
- [Wis. Admin. Code ATCP § 79.02 Scope](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_02.md)
- [Wis. Admin. Code ATCP § 79.03 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_03.md)
- [Wis. Admin. Code ATCP § 79.04 Plans and specifications for campgrounds](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_04.md)
- [Wis. Admin. Code ATCP § 79.05 License to operate a campground](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_05.md)
- [Wis. Admin. Code ATCP § 79.06 Department fees](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_06.md)
- [Wis. Admin. Code ATCP § 79.07 Enforcement](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_07.md)
- [Wis. Admin. Code ATCP § 79.08 Suspension or revocation of license](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_08.md)
- [Wis. Admin. Code ATCP § 79.09 Appeals of actions by the department](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_09.md)
- [Wis. Admin. Code ATCP § 79.10 Appeals of actions by agent health departments](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_10.md)
- [Wis. Admin. Code ATCP § 79.11 Campsite use, designation, location, and density](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_11.md)
- [Wis. Admin. Code ATCP § 79.12 Campground access and road systems](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_12.md)
- [Wis. Admin. Code ATCP § 79.13 Camping units](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_13.md)
- [Wis. Admin. Code ATCP § 79.14 Water supply; water systems and service connections](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_ATCP_79_09. Check the current official text before relying on it. Not legal advice.
