293.95 Review.

(1) Limits on contested case hearings. No person is entitled to a contested case hearing on a decision by the department on an exploration license or relating to bulk sampling. No person is entitled to a contested case hearing on a decision by the department on a mining or prospecting permit application or any other approval, except as provided in subs. (2) and (3).

(2) Contested case hearings; after initial mining or prospecting permit decision or decision on amended plan.

(a) Entitlement.

1. A person is entitled to a contested case hearing on a decision by the department related to a mining or prospecting permit for a proposed mining operation, including a decision related to the environmental impact statement for the proposed mining or prospecting operation, or on any decision that is related to an approval associated with the proposed mining or prospecting operation and that is issued no later than the day on which the department issues its decision on the application for the mining or prospecting permit, only if the person is entitled to a contested case hearing on the decision under s. 227.42 and the person requests the hearing within 30 days after the department issues the decision to approve or deny the application for the mining or prospecting permit.

2. A person is entitled to a contested case hearing on a decision by the department related to an amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation or to any amendment to an approval associated with the amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation only if the person is entitled to a contested case hearing on the decision under s. 227.42 and the person requests the hearing within 60 days after the department issues the decision to approve or deny the amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation.

3. All issues raised by all persons requesting a contested case hearing in accordance with subd. 1. or 2. in connection with the same mining or prospecting operation shall be considered in one contested case hearing.

(b) Deadline for decision. The hearing examiner presiding over a contested case hearing under this subsection shall issue a final decision on the case no more than 270 days after the department issues the decision to grant or deny the mining or prospecting permit or to approve or deny the amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation.

(d) Judicial review. A person seeking judicial review of the decision in a contested case hearing under this subsection shall comply with the requirements for service and filing in s. 227.53 (1) (a) and shall commence the action, in the circuit court for the county in which the majority of the proposed mining or prospecting site is located, no more than 30 days after service of the decision or, if the hearing examiner does not issue a final decision by the deadline under par. (b), no more than 30 days after that deadline.

(3) Contested case hearings on other decisions. A person is entitled to a contested case hearing on a decision by the department related to a mining or prospecting operation that is issued after the department issues the decision to approve the application for the mining or prospecting permit for the mining or prospecting operation, other than a decision described in sub. (2) (a) 2., if the person is entitled to a contested case hearing under s. 227.42 and complies with the requirements for service and filing in s. 227.53 (1) (a).

(4) Venue. Notwithstanding s. 227.53 (1) (a) 3., any person seeking judicial review of the decision on a contested case under sub. (2) or (3) or of any decision of the department related to an exploration, bulk sampling, mining, or prospecting operation shall bring the action in the circuit court for the county in which the majority of the mining or prospecting site is located or in which the majority of the exploration or bulk sampling will occur.

History: 1973 c. 318; 1977 c. 421; 1995 a. 227 s. 799; Stats. 1995 s. 293.95; 2017 a. 134.