ATCP 16.08 Note
Note: A surcharge payment under sub. (5) does not relieve the applicant of any other penalties or liabilities that the applicant may incur as a result of any act or omission under sub. (5), but does not constitute evidence of a law violation.
ATCP 16.08 History
History: CR 10-100: cr.
Register May 2011 No. 665, eff. 6-1-11;
CR 18-032: am. (4), (5) (intro.)
Register October 2019 No. 766, eff. 11-1-19;
CR 21-061: am. (1), (2) (a) to (d) Register May 2022 No. 797, eff. 6-1-22.
ATCP 16.10
ATCP 16.10
Issuing or withdrawing a license. ATCP 16.10(1)(1)
Timely action on license application. The department shall grant or deny a license application under s.
ATCP 16.06 within 30 business days after all of the following have occurred:
ATCP 16.10(1)(a)
(a) The department has received a complete application, including all required fees and surcharges.
ATCP 16.10(2)(a)
(a) The department may deny a license application under s.
ATCP 16.06 or suspend or revoke a license issued under s.
ATCP 16.02 (1) if the applicant or license holder fails to comply with applicable licensing requirements; is not fit, qualified or equipped to conduct the activity for which the license is required; has violated or failed to obey a relevant law, order, or regulation; or has misrepresented or failed to disclose any material fact in a license application.
ATCP 16.10(2)(b)
(b) Whenever the department denies, suspends, or revokes a license under par.
(a), the department shall give the applicant or license holder a written notice that does all of the following:
ATCP 16.10(2)(b)2.
2. Notifies the applicant or license holder that he or she may request a hearing on the denial, suspension, or revocation by filing a written request with the department within 10 days after receiving the notice. The department shall promptly consider the hearing request, following the procedures set forth in ch.
ATCP 1.
ATCP 16.10(3)
(3)
Conditional license. The department may issue a license under s.
ATCP 16.02 (1) on a conditional basis, contingent upon pertinent circumstances or acts. If a license is conditioned upon compliance with specific requirements within a specific time period, and the license holder fails to comply with those requirements within that time period, the license is void.
ATCP 16.10(4)(a)
(a) The department may by written notice, without prior notice or hearing, suspend a license issued under s.
ATCP 16.02 (1) if the department finds any of the following based on reasonable evidence:
ATCP 16.10(4)(a)1.
1. That the license holder or the license holder's employee or agent has violated this chapter, and that the violation imminently threatens the health, safety, or welfare of any dog.
ATCP 16.10(4)(a)2.
2. That the license holder or the license holder's employee or agent has committed an act of animal cruelty in violation of ch.
951, Stats.
ATCP 16.10(4)(c)
(c) A suspension notice under par.
(a) may specify a reinspection date, and may specify conditions that must be met in order for the license to be reinstated.
ATCP 16.10(4)(d)
(d) The department may at any time reinstate a license that has been summarily suspended under this subsection if the department finds that circumstances warrant reinstatement.
ATCP 16.10 History
History: CR 10-100: cr.
Register May 2011 No. 665, eff. 6-1-11.
ATCP 16.12
ATCP 16.12
Inspecting licensed operations. ATCP 16.12(1)(a)(a) The department may at any time during reasonable hours inspect any place at which a person who is required to be licensed under s.
ATCP 16.02 (1) engages in any activity for which that license is required, regardless of whether that person owns or operates that place.
ATCP 16.12(2)
(2)
Pre-license inspections. Before the department licenses a person to keep dogs at a location identified under s.
ATCP 16.06 (3) at which the person was not previously licensed to keep dogs, the department shall inspect that location. The department shall conduct the inspection within 60 business days after the department receives a complete license application under s.
ATCP 16.06.
ATCP 16.12(3)
(3)
Biennial inspections. The department shall inspect, at least once in every 2 license years, each location identified under s.
ATCP 16.06 (3) at which a license holder is licensed to keep dogs.
ATCP 16.12(4)
(4)
Scope of inspection. An inspection required under sub.
(2) or
(3) shall examine compliance with applicable requirements under this chapter, including applicable requirements related to recordkeeping, dog health, and standards of care.
ATCP 16.12(5)(a)(a) Whenever the department performs an inspection under this section, the department shall provide the license applicant or license holder with a written inspection report.
ATCP 16.12(5)(b)
(b) A license holder who keeps dogs at any location identified under s.
ATCP 16.06 (3) shall post a copy of the most recent inspection report related to that location in a prominent place at that location. The inspection report shall be posted so that it can be easily noticed and read by persons visiting the licensed location.
ATCP 16.12(6)
(6)
Reinspection fees. The department may charge, to the holder of a license under s.
ATCP 16.02 (1), a reinspection fee of $400 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.
ATCP 16.12 History
History: CR 10-100: cr.
Register May 2011 No. 665, eff. 6-1-11;
CR 21-061: am. (6) Register May 2022 No. 797, eff. 6-1-22. ATCP 16.14
ATCP 16.14
Records kept by license holders. ATCP 16.14(1)(1)
General. A person who is required to be licensed under s.
ATCP 16.02 (1) shall keep all of the records required under this section. The person shall keep the records, in written or readily readable electronic form, at the principal business location identified under s.
ATCP 16.06 (2). The person shall retain the records for at least 5 years after they are made, and shall make them available to the department for inspection and copying upon request.
ATCP 16.14(2)
(2)
Dog locations. A person licensed under s.
ATCP 16.02 (1) shall keep a record of each location at which dogs are kept pursuant to the license. The record shall include the address of each location, and the name of the individual responsible for administering that location. If the license holder consigns a dog to a home custody provider, the license holder shall record the name and address of that individual.
ATCP 16.14(3)
(3)
Dog records. A person licensed under s.
ATCP 16.02 (1) shall keep all of the following records related to each dog over which that person exercises custody or control at any time during the license year, including any dog that the person consigns to a home custody provider:
ATCP 16.14(3)(a)
(a) A description of the dog including the dog's breed or type, sex, date of birth or approximate age, color, and distinctive markings.
ATCP 16.14(3)(b)
(b) The location at which the dog is kept, including the address of any home custody provider.
ATCP 16.14(3)(c)
(c) Any United States department of agriculture official identification assigned to the dog and any other identification tag, tattoo, or microchip information.
ATCP 16.14(3)(d)
(d) A statement that the dog was born under the license holder's custody or control, if that is the case.
ATCP 16.14(3)(e)
(e) All of the following information if the dog was not born under the license holder's custody or control:
ATCP 16.14(3)(e)1.
1. The date on which the license holder acquired custody or control over the dog.
ATCP 16.14(3)(e)2.
2. The identity of the person from whom the license holder acquired custody or control of the dog. The record shall include the person's name, address, and United States department of agriculture animal care facility license or registration number if any.
ATCP 16.14(3)(f)
(f) All of the following information if the dog is no longer under the license holder's custody or control:
ATCP 16.14(3)(f)1.
1. The date on which the dog left the license holder's custody or control.
ATCP 16.14(3)(f)3.
3. The identity of the person, if any, to whom the license holder transferred custody or control of the dog.
ATCP 16.14(3)(g)
(g) A copy of any certificate of veterinary inspection that accompanied the dog when it entered or left the license holder's custody or control.
ATCP 16.14(3)(h)1.1. Health records related to the dog, including observation and treatment records and whether the health care was administered by the license holder or by a licensed veterinarian.
ATCP 16.14(3)(h)2.
2. Vaccination records related to the dog. The vaccination record shall identify each type of vaccination that the dog has received. For each type of vaccination, the record shall include all of the following:
ATCP 16.14 History
History: CR 10-100: cr.
Register May 2011 No. 665, eff. 6-1-11; correction in (2) made under s.
13.92 (4) (b) 7. Stats.,
Register May 2011 No. 665;
CR 18-032: am. (3) (b), renum. (3) (h) to (3) (h) 1. and am., cr. (3) (h) 2.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 16.15
ATCP 16.15 Dog sales; general. Whenever a person who is required to be licensed under s.
ATCP 16.02 (1) sells a dog in this state, the dog shall be accompanied by all of the following:
ATCP 16.15 History
History: CR 18-032: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (intro.) made under s.
35.17., Stats.,
Register October 2019 No. 766.
ATCP 16.16
ATCP 16.16
Certificate of veterinary inspection. ATCP 16.16(1)(1)
Dog sales. A valid certificate of veterinary inspection required to sell a dog under s.
ATCP 16.15 (1) shall meet all of the requirements under this section. A single certificate may cover more than one dog.
ATCP 16.16(2)
(2)
Who may issue. A certificate of veterinary inspection under sub.
(1) shall be prepared and signed by a Wisconsin certified veterinarian described under s.
ATCP 10.05, except that a certificate accompanying a dog imported into this state shall be issued by an accredited veterinarian, as defined under s.
ATCP 10.01 (2).
ATCP 16.16(3)(a)(a) A certificate of veterinary inspection shall be issued on a form provided or approved by the department.
ATCP 16.16(3)(b)
(b) A Wisconsin certified veterinarian may obtain Wisconsin certificate of veterinary inspection forms from the department, as provided under s.
ATCP 10.06 (3) (b).
ATCP 16.16 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 16.16 Note
Division of Animal Health
ATCP 16.16 Note
P.O. Box 8911
ATCP 16.16 Note
Madison, WI 53708-8911
ATCP 16.16 Note
Phone: (608) 224-4872
ATCP 16.16 Note
Fax: (608) 224-4871
ATCP 16.16(4)
(4)
Contents. A certificate of veterinary inspection under sub.
(1) shall include all of the following information:
ATCP 16.16(4)(d)
(d) The vaccinations administered by the veterinarian completing the certificate of veterinary inspection, including all of the following:
ATCP 16.16(4)(e)
(e) The information required under s.
ATCP 10.80 on the certificate of veterinary inspection that accompanied a dog imported into this state.
ATCP 16.16(4)(f)
(f) If the dog is sold at public auction, and is not spayed or neutered, documentation showing that the dog has tested negative on a brucellosis test conducted within 30 days prior to the sale using a test method approved by the department.
ATCP 16.16 Note
Note: Approved brucellosis test methods may be obtained by contacting the department online at:
https://www.datcp.wi.gov or by contacting the department at the following address:
ATCP 16.16 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 16.16 Note
Division of Animal Health
