Wisconsin Statutes

Wis. Stat. § 227.43 (2026)

Division of hearings and appeals

✓ current as of July 2026

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227.43227.43 Division of hearings and appeals.

227.43(1)(1) The administrator of the division of hearings and appeals in the department of administration shall:

227.43(1)(a)(a) Serve as the appointing authority of all hearing examiners under s. 230.06.

227.43(1)(b)(b) Assign a hearing examiner to preside over any hearing of a contested case which is required to be conducted by the department of natural resources and which is not conducted by the secretary of natural resources.

227.43(1)(bd)(bd) Assign a hearing examiner to preside over any hearing of a contested case which is referred by the state superintendent under s. 118.134 (1).

227.43(1)(bg)(bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.305, 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116 (2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69, 348.105 (5) (h), and 348.25 (9).

227.43(1)(br)(br) Assign a hearing examiner to preside over any hearing of a contested case which is required to be conducted by the department of transportation and which is not conducted by the secretary of transportation.

227.43(1)(bu)(bu) Assign a hearing examiner to preside over any hearing of a contested case that is required to be conducted by the department of health services and that is not conducted by the secretary of health services.

227.43(1)(by)(by) Assign a hearing examiner to preside over any hearing of a contested case that is required to be conducted by the department of children and families under ch. 48 or subch. III of ch. 49 and that is not conducted by the secretary of children and families.

227.43(1)(c)(c) Supervise hearing examiners in the conduct of the hearing and the rendering of a decision, if a decision is required.

227.43(1)(d)(d) Promulgate rules relating to the exercise of the administrator’s and the division’s powers and duties under this section.

227.43(1g)(1g) The administrator of the division of hearings and appeals shall establish a system for assigning hearing examiners to preside over any hearing under this section. The system shall ensure, to the extent practicable, that hearing examiners are assigned to different subjects on a rotating basis. The system may include the establishment of pools of examiners responsible for certain subjects.

227.43(1m)(1m) Upon the request of an agency that is not prohibited from contracting with a 3rd party for contested case hearing services, the administrator of the division of hearings and appeals in the department of administration may contract with the agency to provide the contested case hearing services and may assign a hearing examiner to preside over any hearing performed under such a contract.

227.43(2)(2)

227.43(2)(a)(a) The department of natural resources shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (b) after the department of natural resources is notified that a hearing on the matter is required.

227.43(2)(b)(b) The department of transportation shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (br) after the department of transportation is notified that a hearing on the matter is required.

227.43(2)(c)(c) The department of health services shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (bu) after the department of health services is notified that a hearing on the matter is required.

227.43(2)(d)(d) The department of children and families shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (by) after the department of children and families is notified that a hearing on the matter is required.

227.43(3)(3)

227.43(3)(a)(a) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of natural resources by a hearing examiner under this section. The fee shall cover the total cost of the services.

227.43(3)(b)(b) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of transportation by a hearing examiner under this section. The fee shall cover the total cost of the services.

227.43(3)(br)(br) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of public instruction by a hearing examiner under this section. The fee shall cover the total cost of the services.

227.43(3)(c)(c) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of health services by a hearing examiner under this section in a manner consistent with a federally approved allocation methodology. The fees shall cover the total cost of the services.

227.43(3)(d)(d) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of children and families by a hearing examiner under this section in a manner consistent with a federally approved allocation methodology. The fees shall cover the total cost of the services.

227.43(3)(e)(e) The administrator of the division of hearings and appeals may set the fees to be charged for any services contracted for under sub. (1m).

227.43(4)(4)

227.43(4)(a)(a) The department of natural resources shall pay all costs of the services of a hearing examiner assigned to the department under sub. (1) (b), according to the fees set under sub. (3) (a).

227.43(4)(b)(b) The department of transportation shall pay all costs of the services of a hearing examiner assigned under sub. (1) (bg) or assigned to the department under sub. (1) (br), according to the fees set under sub. (3) (b).

227.43(4)(br)(br) The department of public instruction shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (bd), according to the fees set under sub. (3) (br).

227.43(4)(c)(c) The department of health services shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (bu), according to the fees set under sub. (3) (c).

227.43(4)(d)(d) The department of children and families shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (by), according to the fees set under sub. (3) (d).

227.43(4)(e)(e) The agency contracting out for contested case hearing services under sub. (1m) shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1m), according to the fees set under sub. (3) (e).

227.43 HistoryHistory: 1977 c. 418; 1981 c. 20 s. 2202 (1) (b); 1983 a. 27; 1985 a. 182 ss. 16 to 18, 29, 31; Stats. 1985 s. 227.43; 1993 a. 16; 1995 a. 370; 1997 a. 3, 27; 1999 a. 9, 31, 185, 186; 2003 a. 118; 2005 a. 465; 2007 a. 20 ss. 2998 to 3001, 9121 (6) (a); 2013 a. 115; 2015 a. 55, 137; 2025 a. 33.

227.43 Cross-referenceCross-reference: See also HA, Wis. adm. code.

Notes of Decisions

Cited in 26 cases (4 in the last 5 years), 1993–2026 · leading case: Racine Harley-Davidson, Inc. v. State Div. of Hearings & Appeals, 2006 WI 86 (Wis. 2006).

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Racine Harley-Davidson, Inc. v. State Div. of Hearings & Appeals, 2006 WI 86 (Wis. 2006). · cites it 60× “0116(8), we must first address the threshold issue of the proper level of deference to be given to the decision of the Division of Hearings and Appeals.”

All Star Rent a Car, Inc. v. Wisconsin Dep't of Transp., 2006 WI 85 (Wis. 2006). · cites it 8× “See Wis. Stat. §§ 227.43 (1)(bg) (requiring DHA administrator to assign a hearing examiner to preside over proceedings concerning the nonrenewal and revocation of motor vehicle dealer licenses) and 227.”

Clean Wisconsin, Inc. v. DNR, 2021 WI 71 (Wis. 2021). · cites it 2× “¶5 The DNR granted the petition and referred the matter to an administrative law judge (ALJ), pursuant to Wis. Stat. §§ 227.43 (1)(b), 283.63. Kinnard filed for summary judgment, alleging that the DNR lacked statutory authority to impose an The second site, a quarter-mile away…”

Sea View Estates Beach Club, Inc. v. State Dep't of Nat. Resources, 588 N.W.2d 667 (Wis. Ct. App. 1998). · cites it 4× “Section 227.43(1), Stats., provides that the DHA administrator is authorized to "[a]ssign a *147 hearing examiner to preside over any hearing of a contested case" in matters before certain state agencies, including both the DOT and the DNR.”

State Pub. Intervenor v. Wisconsin Dep't of Nat. Resources, 503 N.W.2d 305 (Wis. Ct. App. 1993). · cites it 6× “The hearing examiner reversed the DNR's certification decision and made extensive findings as to various adverse effects which could result from the additional 126 acres of spoils. Brown County petitioned the DNR secretary for review of the examiner's decision.”

Volvo Trucks v. State, Dept. of Transp., 2010 WI 15 (Wis. 2010). · cites it 2× “Unless a court finds a ground for setting aside, modifying, remanding, or ordering agency action or ancillary relief, the court shall affirm the agency's action. Wis. Stat. § 227.57 (2). ¶ 11. Volvo argues that a question of law is presented, namely the meaning of "cure" in Wis.”

All Star Rent a Car, Inc. v. Wisconsin Dep't of Transp., 2004 WI App 198 (Wis. Ct. App. 2004). · cites it 6× “in the department of administration," Wis. Stat. § 227.43 (1), for "a hearing to review the denial.”

Roehl Transp., Inc. v. Wisconsin Div. of Hearings & Appeals, 570 N.W.2d 864 (Wis. Ct. App. 1997). · cites it 2× “Section 227.43(1)(b), Stats. 2 In fact, Roehl had sought judicial review of the department's audit order and the circuit court remanded the matter to the department for further hearings.”

Town of Barton v. Div. of Hearings & Appeals, 2002 WI App 169 (Wis. Ct. App. 2002). · cites it 2× “16(5) and Wis. Stat. § 227.43 (l)(bg), DHA had jurisdiction to hear the City's appeal, and it ordered the Town to grant the City a permit to construct and maintain the proposed sewer interceptor within the rights-of-way of River Drive and Woodford Drive, conditioned on the…”

Sierra Club v. Wisconsin Dep't of Nat. Resources, 2007 WI App 181 (Wis. Ct. App. 2007). · cites it 2× “4 Pursuant to Wis. Stat. § 227.43 (l)(b), the Division of Hearings and Appeals assigns a hearing officer, or ALJ, to preside over hearings that DNR is required to conduct and that are not conducted by the DNR secretary.”

Sierra Club v. Wisconsin Dep't of Nat. Resources, 2010 WI App 89 (Wis. Ct. App. 2010). · cites it 2× “We therefore affirm in part, and reverse in part, the circuit court's decision upholding the DNR's decision, and remand for the DNR to reopen the permit to establish a BACT visible emissions limit for those emissions that are visible.”

Froebel v. Wisconsin Dep't of Nat. Resources, 579 N.W.2d 774 (Wis. Ct. App. 1998). · cites it 2× “The DNR granted the District's request for a contested case hearing as to the removal of the dam.”

Show all 26 citing cases →

— Wis. Stat. § 227.43(1) — 4 cases

Racine Harley-Davidson, Inc. v. State Div. of Hearings & Appeals, 2006 WI 86 (Wis. 2006). “0116(8), we must first address the threshold issue of the proper level of deference to be given to the decision of the Division of Hearings and Appeals.”

Sea View Estates Beach Club, Inc. v. State Dep't of Nat. Resources, 588 N.W.2d 667 (Wis. Ct. App. 1998). “Section 227.43(1), Stats., provides that the DHA administrator is authorized to "[a]ssign a *147 hearing examiner to preside over any hearing of a contested case" in matters before certain state agencies, including both the DOT and the DNR.”

State Pub. Intervenor v. Wisconsin Dep't of Nat. Resources, 503 N.W.2d 305 (Wis. Ct. App. 1993). “The hearing examiner reversed the DNR's certification decision and made extensive findings as to various adverse effects which could result from the additional 126 acres of spoils. Brown County petitioned the DNR secretary for review of the examiner's decision.”

State v. Wisconsin Dep't of Nat. Resources, 515 N.W.2d 897 (Wis. 1994).

— Wis. Stat. § 227.43(1)(b) — 2 cases

Roehl Transp., Inc. v. Wisconsin Div. of Hearings & Appeals, 570 N.W.2d 864 (Wis. Ct. App. 1997). “Section 227.43(1)(b), Stats. 2 In fact, Roehl had sought judicial review of the department's audit order and the circuit court remanded the matter to the department for further hearings.”

— Wis. Stat. § 227.43(1)(bg) — 2 cases

Hilton Ex Rel. Pages Homeowners' v. Dnr, 2006 WI 84 (Wis. 2006).

— Wis. Stat. § 227.43(1)(bu) — 2 cases

J. T. v. Wisconsin Dep't of Health Servs. (Wis. Ct. App. 2021).

Tamra Schott v. Wisconsin Dep't of Health & Human Servs. (Wis. Ct. App. 2026).

— Wis. Stat. § 227.43(1)(by) — 1 case

Weston v. Wis. Dept. of Workforce Dev., 2007 WI App 167 (Wis. Ct. App. 2007).

— Wis. Stat. § 227.43(1g) — 1 case

— Wis. Stat. § 227.43(l)(b) — 4 cases

Froebel v. Wisconsin Dep't of Nat. Resources, 579 N.W.2d 774 (Wis. Ct. App. 1998). “The DNR granted the District's request for a contested case hearing as to the removal of the dam.”

Citizens for U, Inc. v. Wisconsin Dep't of Nat. Resources, 2010 WI App 21 (Wis. Ct. App. 2010).

— Wis. Stat. § 227.43(l)(bg) — 3 cases

All Star Rent a Car, Inc. v. Wisconsin Dep't of Transp., 2004 WI App 198 (Wis. Ct. App. 2004). “in the department of administration," Wis. Stat. § 227.43 (1), for "a hearing to review the denial.”

J & E Investments LLC v. Div. of Hearings & Appeals, 2013 WI App 90 (Wis. Ct. App. 2013).

— Wis. Stat. § 227.43(l)(br) — 1 case

— Wis. Stat. § 227.43(l)(bu) — 1 case

Artac v. Wisconsin Dep't of Health & Fam. Servs., 2000 WI App 88 (Wis. Ct. App. 2000).

— Wis. Stat. § 227.43(l)(d) — 1 case

Jamerson v. Dep't of Child. & Families, 2013 WI 7 (Wis. 2013).

— Wis. Stat. § 227.43(lg) — 1 case

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