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Public Intervenor |
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Defining the Public Intervenor Office (The office was abolished in 1995.) 165.7 Assistant attorney general - public intervenor. The Attorney general shall designate an assistant attorney general on his staff as public intervenor. Written notices of all proceedings under chs. 30, 31, 144 and 147 shall be given to the public intervenor and to the administrators of divisions primarily assigned the departmental functions under chs. 29 and 144 by the agency head responsible for such proceedings. A copy of such notice shall also be given to the natural areas preservation council. The public intervenor shall formally intervene in such proceedings when requested to do so by an administrator of a division primarily assigned the departmental functions under ch. 29 or 144. The public intervenor may, on his own initiative or upon request of any committee of the legislature, formally intervene in all such proceedings where such intervention is needed for the protection of “public rights” in water and other natural resources, as provided in chs. 30 and 31 and designed by the supreme court. Personnel of the department of natural resources shall upon the request of the public intervenor make such investigations, studies, proceedings, either before or after formal intervention. Personnel of state agencies shall at his request provide information, serve as witnesses in such proceedings and otherwise cooperate in the carrying out of his intervention functions. Formal intervention shall be by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Thereupon the public intervenor shall be deemed a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any other acts appropriate for a party to the proceedings. He may appeal from administrative rulings to the courts and in all administrative proceedings and judicial review proceedings he shall be identified as “public intervenor”. This section does not preclude or prevent any division of the department of natural resources, or any other department or independent agency from appearing by its staff as a party in such proceedings. 165.75 Assistant attorney general; public intervenor; authority.
In carrying out his or her duty to protect public rights in water and other
natural resources, as defined by law under s. 165.07, the public intervenor
has the authority to initiate actions and proceedings before any agency
or court in order to raise issues, including issues concerning constitutionality,
present evidence and testimony and make arguments.
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