Register April 2023 No. 808
Chapter ATCP 1
ADMINISTRATIVE ORDERS AND CONTESTED CASES
Subchapter I — Definitions
Subchapter II — Orders
ATCP 1.03 Special orders.
ATCP 1.04 Final orders in contested cases.
Subchapter III — Initiating a Contested Case
ATCP 1.05 Complaint requesting special order.
ATCP 1.06 Request for hearing on department action.
ATCP 1.07 Request for declaratory ruling.
ATCP 1.08 Request for recovery proceeding.
Subchapter IV — General Provisions
ATCP 1.10 Administrative law judge's authority and duties.
ATCP 1.11 Failure to appear, answer or comply with administrative law judge's order.
ATCP 1.12 Party may appear by attorney.
ATCP 1.13 Documents; filing, identification and service.
ATCP 1.16 Record of oral proceedings; transcripts.
Subchapter V — Contested Case Proceedings
ATCP 1.20 Hearing notice.
ATCP 1.21 Answers; required pleadings.
ATCP 1.22 Prehearing conference.
Subchapter VI — Decisions and Judicial Review
ATCP 1.30 Proposed decision.
ATCP 1.31 Final decision.
ATCP 1.32 Award of costs and attorneys fees.
ATCP 1.33 Costs upon frivolous claim.
ATCP 1.34 Judicial review; certifying record to court.
Subchapter VII — Enforcement-Discretion; Small Business
ATCP 1.42 Exercise of discretion.
Ch. ATCP 1 Note
Note: Chapter Ag 1 as it existed on May 31, 1992 was repealed and new ch. Ag 1 was created effective June 1, 1992; Chapter Ag 1 was renumbered ch. ATCP 1 under s. 13.93 (2m) (b) 1., Stats.,
Register, April, 1993, No. 448.
ATCP 1.01
ATCP 1.01
Definitions. In this chapter:
ATCP 1.01(1)
(1) “Administrative law judge" means the secretary or an examiner whom the secretary appoints in writing, under s.
227.46 (1), Stats., to preside over a contested case. The secretary may appoint an examiner from the department, the department of administration, or another state agency with the agreement of that agency.
ATCP 1.01(2)
(2) “Claim filing order" means an order directing producers or depositors to file claims under subch.
VII of ch. 126, Stats.
ATCP 1.01(5)
(5) “Class 1 contested case," “class 2 contested case" or “class 3 contested case," means a class 1, class 2 or class 3 proceeding, respectively, as defined in s.
227.01 (3), Stats.
ATCP 1.01(6)
(6) “Complainant" means any of the following persons or entities that file a complaint with the secretary under this chapter:
ATCP 1.01(7)
(7) “Complaint" means a written complaint, filed with the secretary under s.
ATCP 1.05, asking the department to issue a special order against a person or persons identified in the complaint.
ATCP 1.01(9)
(9) “Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 1.01(10)
(10) “Division" means a principal subunit of the department which is headed by a division administrator. “Division" includes authorized division staff.
ATCP 1.01(11)
(11) “Division administrator" means a division head whose position is authorized under s.
230.08 (2) (e) 2., Stats. “Division administrator" includes an acting division administrator appointed by the secretary, or a person designated by a division administrator to act on the administrator's behalf in the administrator's absence.
ATCP 1.01(12)
(12) “File" means deliver in writing to any of the following:
ATCP 1.01(12)(b)
(b) The final decisionmaker, if the filing pertains to a matter which is pending before the final decisionmaker.
ATCP 1.01(12)(c)
(c) The administrative law judge, if the filing pertains to a matter which is pending before the administrative law judge.
ATCP 1.01(12)(d)
(d) A recipient designated by the department to receive filed documents.
ATCP 1.01 Note
Note: Documents intended for filing with the secretary's office may be sent to the following address:
ATCP 1.01 Note
Secretary
Wisconsin Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
