Chapter ATCP 15

Chapter ATCP 15

HUMANE OFFICER TRAINING AND CERTIFICATION

ATCP 15.01   Definitions.

ATCP 15.02   Initial certification.

ATCP 15.04   Continuing certification.

ATCP 15.06   Initial training.

ATCP 15.08   Initial examination.

ATCP 15.10   Humane officer appointment or termination; report.

ATCP 15.01 ATCP 15.01 Definitions. In this chapter:

ATCP 15.01(1) (1) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 15.01(2) (2) “Humane officer” means a person appointed under s. 173.03, Stats., to exercise powers or carry out duties identified under s. 173.07, Stats.

ATCP 15.01(3) (3) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c), Stats.

ATCP 15.01(4) (4) “Political subdivision” has the meaning given in s. 173.01 (3), Stats.

ATCP 15.01(5) (5) “Veterinarian” means a person licensed under ch. 89, Stats.

ATCP 15.01 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Registe October 2015 No. 718.

ATCP 15.02 ATCP 15.02 Initial certification.

ATCP 15.02(1) (1) Certification required. No person may serve as a humane officer unless the department certifies that person within one year after the person is appointed.

ATCP 15.02 Note Note: Subsection (1) does not require a law enforcement officer to be appointed or certified as a humane officer in order to enforce laws related to animals. But if a law enforcement officer or other person is appointed as a humane officer under s. 173.03, Stats., he or she must be certified as a humane officer.

ATCP 15.02(2) (2) Certification steps. A person who wishes to be certified as a humane officer shall do all the following:

ATCP 15.02(2)(a) (a) Complete the initial training program under s. ATCP 15.06, if required.

ATCP 15.02(2)(b) (b) Pass the examination required under s. ATCP 15.08.

ATCP 15.02(2)(c) (c) Submit an application as provided in sub. (3).

ATCP 15.02(3) (3) Application form. A person applying for certification under sub. (1) shall submit an application on a form provided by the department. The application shall include all the following:

ATCP 15.02(3)(a) (a) The applicant’s name, address and telephone number.

ATCP 15.02(3)(b) (b) The identity of the applicant’s employer if the applicant is currently employed as a humane officer.

ATCP 15.02(3)(c) (c) The date on which the applicant passed the examination required under s. ATCP 15.08.

ATCP 15.02(3)(d) (d) A nonrefundable fee of $35. This fee will not be prorated for partial years.

ATCP 15.02 Note Note: You may obtain a certification application form from the department at the following address:

ATCP 15.02 Note Wisconsin Department of Agriculture, Trade and Consumer Protection, Animal Health Division, P. O. Box 8911, Madison, WI 53708-8911, Phone [phone]

ATCP 15.02(4) (4) Action on certification application. The department shall grant or deny a certification application within 30 days after the department receives a complete application under sub. (3).

ATCP 15.02 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99; CR 11-048: am. (1), (3) (d) Register July 2012 No. 679, eff. 8-1-12.

ATCP 15.04 ATCP 15.04 Continuing certification.

ATCP 15.04(1) (1) Certification expiration. A humane officer’s certification expires on December 31 of each odd-numbered year. A humane officer who fails to renew his or her certification may not continue to serve as a humane officer.

ATCP 15.04(2) (2) Certification renewal. A humane officer may apply to renew his or her certification using a form provided by the department. A renewal application shall include all the following:

ATCP 15.04(2)(a) (a) The applicant’s name, address and telephone number.

ATCP 15.04(2)(b) (b) The identity of the applicant’s employer, if the applicant is currently employed as a humane officer.

ATCP 15.04(2)(c) (c) A nonrefundable renewal fee of $35. This fee will not be prorated for partial years.

ATCP 15.04(2)(d) (d) Information showing that the applicant has satisfied the continuing education requirement under sub. (3). The application shall include the following information related to each continuing education program attended:

ATCP 15.04(2)(d)1. 1. The program title and sponsor.

ATCP 15.04(2)(d)2. 2. The program dates.

ATCP 15.04(2)(d)3. 3. The program instructors.

ATCP 15.04(2)(d)4. 4. The number of hours of instruction time attended.

ATCP 15.04(2)(d)5. 5. A program description provided by the program sponsor. Alternatively, the applicant may describe the program and explain why it is relevant to his or her duties as a humane officer.

ATCP 15.04 Note Note: You may obtain a renewal application form from the department at the following address:

ATCP 15.04 Note Wisconsin Department of Agriculture, Trade and Consumer Protection,Animal Health Division, P. O. Box 8911, Madison, WI 53708-8911, Phone [phone]

ATCP 15.04(2)(e) (e) For a person who applies for the renewal of a certification after that certification has expired, in addition to all other fees required under this subsection, a late fee equal to 20% of those fees.

ATCP 15.04(3) (3) Continuing education required.

ATCP 15.04(3)(a) (a) A humane officer shall complete 32 hours of continuing education during each biennium for which the humane officer is certified. This requirement does not apply during the biennium for which the humane officer is initially certified.

ATCP 15.04(3)(b) (b) Continuing education programs need not be pre-approved by the department. The department may refuse to accept a continuing education program in fulfillment of the requirement under par. (a) if the department finds that the program is unrelated to humane officer duties.

ATCP 15.04(3)(c) (c) If the continuing education requirement is not fully completed during the certification biennium as required by par. (a), a certification may not be renewed until the continuing education requirement is met. Continuing education hours may only be applied to fulfill requirements for one certification renewal.

ATCP 15.04 Note Note: For example, continuing education hours taken in 2014 to fulfill the requirement for 32 hours of continuing education to renew a certification for the 2014-2015 certification biennium may not be used as hours towards the 2016-2017 renewal requirement.

ATCP 15.04(4) (4) Expired certifications.

ATCP 15.04(4)(a) (a) An applicant may apply to renew a certification after it has expired if application for the renewal of certification is submitted within the biennium immediately following the certification’s expiration. A certification that is expired for 2 years or longer may not be renewed.

ATCP 15.04 Note Note: If an applicant’s certification has been expired for at least 2 years, the applicant must complete the training and testing required under s. ATCP 15.02 to reapply.

ATCP 15.04(4)(b) (b) To renew an expired certification under par. (a) the applicant shall submit application for renewal under sub. (2).

ATCP 15.04(4)(c) (c) Thirty-two hours of continuing education are required to renew certification except if the previous biennium was the initial certification biennium. Certification may not be renewed until the continuing education requirement is met. Continuing education hours may only be applied to fulfill requirements for one certification renewal.

ATCP 15.04 Note Note: For example, continuing education hours taken in 2014 to fulfill the requirement for 32 hours to renew a certification for the 2014-2015 certification biennium may not be used as hours towards the 2016-2017 renewal requirement.

ATCP 15.04(5) (5) Notifications of changes. During the certification biennium, a certified humane officer shall notify the department of any change of name, address, or phone number within 30 days of that change.

ATCP 15.04 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99; CR 11-048: am. (2) (c), cr. (2) (e), (3) (c), (4), (5) Register July 2012 No. 679, eff. 8-1-12.

ATCP 15.06 ATCP 15.06 Initial training.

ATCP 15.06(1) (1) Training required. Except as provided in sub. (2), a person shall complete an initial training program before taking the examination under s. ATCP 15.08.

ATCP 15.06(2) (2) Training exemptions. Subsection (1) does not apply to any of the following persons, unless that person has previously failed an examination under s. ATCP 15.08:

ATCP 15.06(2)(a) (a) A person employed as a humane officer in Wisconsin before December 1, 1999.

ATCP 15.06(2)(b) (b) A veterinarian.

ATCP 15.06(2)(c) (c) A person who has served as a humane officer in another state.

ATCP 15.06(3) (3) Training program; general. The department shall sponsor the initial training program under sub. (1) or shall pre-approve that training program in accordance with sub. (6). The training program shall include animal husbandry and care training under sub. (4) and legal and investigative training under sub. (5). The department may charge a fee to cover the cost of a training program which it sponsors.

ATCP 15.06(4) (4) Animal husbandry and care training.

ATCP 15.06(4)(a) (a) An initial training program shall include at least 16 hours of animal husbandry and care training. This shall include all the following:

ATCP 15.06(4)(a)1. 1. Training related to farm animals. A portion of the training shall be on-site practical training at a farm location.

ATCP 15.06(4)(a)2. 2. Training related to domestic non-farm animals.

ATCP 15.06(4)(a)3. 3. Training related to exotic animals, pet stores, animal collectors, or other relevant animal care issues.

ATCP 15.06(4)(b) (b) The training required under par. (a) shall include topics such as the following:

ATCP 15.06(4)(b)1. 1. Common animal husbandry practices.

ATCP 15.06(4)(b)2. 2. Nutrition and health basics, including body conditioning scoring.

ATCP 15.06(4)(b)3. 3. Facilities and biosecurity.

ATCP 15.06(4)(b)4. 4. Animal behavior, personal and animal safety, and animal handling and related equipment.

ATCP 15.06(5) (5) Legal and investigative training. An initial training program shall include at least 24 hours of legal and investigative training, including all the following:

ATCP 15.06(5)(a) (a) Training related to the legal system, the role of the animal cruelty investigator, Wisconsin laws related to animals, and other applicable laws.

ATCP 15.06(5)(b) (b) Training related to the rules of evidence, and the collection and preservation of evidence.

ATCP 15.06(5)(c) (c) Training related to interview and interrogation techniques, investigative stages and courtroom testimony.

ATCP 15.06(5)(d) (d) Training related to search and seizure, and photographing, videotaping, or sketching the investigation scene.