State Public Intervenor v. Wisconsin Department of Natural Resources

{.dissenting). The majority holds that the Department of Natural Resources lacked authority to adopt a rule providing a procedure for the department secretary's review of decisions by hearing examiners acting on the agency's behalf. I think that authority is found in sec. 227.46(3), Stats., which provides as follows:

227.46 Hearing examiners; examination of evidence by agency.(3) With respect to contested cases, an agency may by rule...:(a) Direct that the hearing examiner's decision be the final decision of the agency;(b) ... direct that the record be certified to it without an intervening…