Wis. Admin. Code Department of Natural Resources NR 728.03

Current through November 25, 2024

Section NR 728.03 - Definitions

(1)"Environmental agreement" means an agreement entered into by one or more persons and the department pursuant to ch. 292, Stats., which requires the performance of a response action at a site or facility which causes or threatens to cause environmental pollution.

(2)"Consent order" means an administrative order issued by the department which the order recipient stipulates to and waives the right to a contested case hearing on the order.

(3)"Contested case" has the meaning specified in s. 227.01(3), Stats.

Wis. Admin. Code Department of Natural Resources NR 728.03

Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (1), Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (1), cr. (3) Register October 2013 No. 694 eff. 11-1-13.

Section 227.01(3), Stats., defines "contested case" to mean "an agency proceeding in which the assertion by one party of any substantial interest is denied or controverted by another party and in which, after a hearing required by law, a substantial interest of a party is determined or adversely affected by a decision or order." A contested case hearing is only conducted by the department in situations where state statutes allow an aggrieved party to request a hearing before an administrative law judge.