Madison, WI Header
File #: 19633    Version: 1 Name: Judicial review
Type: Ordinance Status: Passed
File created: 8/17/2010 In control: COMMON COUNCIL ORGANIZATIONAL COMMITTEE (ended 4/2017)
On agenda: 10/19/2010 Final action: 10/19/2010
Enactment date: 10/27/2010 Enactment #: ORD-10-00101
Title: Creating Sec. 9.49(7) of the Madison General Ordinances to establish procedure for judicial review of decisions of the Administrative Review Board.
Sponsors: David J. Cieslewicz, Mark Clear
Fiscal Note
No appropriation is required.
Title
Creating Sec. 9.49(7) of the Madison General Ordinances to establish procedure for judicial review of decisions of the Administrative Review Board.
Body
[DRAFTER'S ANALYSIS: Under Wisconsin law, municipalities must either follow Wis. Stat. ch. 68 to provide a method for review of administrative decisions, or opt out of chapter 68 and establish their own rules. Madison has chosen to opt out of chapter 68 and establish its own Administrative Review Board (ARB) in Sec. 9.49, MGO. The ordinance, however, does not establish procedures for judicial review of decisions of the ARB, simply stating they are subject to judicial review.
This ordinance establishes specific procedures, modeled on Wis. Stat. § 68.13, for judicial review of decisions of the ARB. If approved, the City Attorney will recommend adopting these provisions by reference for review of other decisions of the City, whenever state law does not set the rules for judicial review.
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The Common Council of the City of Madison do hereby ordain as follows:
Subsection (7) entitled “Judicial Review” of Section 9.49 entitled “Review of Administrative Determinations”...

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