ATCP 48.49(7)(c)
(c) Make the records under
sub. (6) available for public inspection and copying, as provided in subch.
II of chapter
19, Stats.
ATCP 48.49(8)
(8) Control and audit. The county drainage board treasurer shall do all the following:
ATCP 48.49(8)(a)
(a) Exercise sound fiscal control over funds received, to prevent misappropriation or misdirection of funds.
ATCP 48.49(8)(c)
(c) File periodic accountings with the county drainage board, as requested by the board.
ATCP 48.49(8)(d)
(d) Make records and accounts available, upon request, for audit by the state of Wisconsin, the county drainage board or the county.
ATCP 48.49 History
History:
CR 01-004: cr.
Register January 2002 No. 553, eff. 2-1-02.
ATCP 48.50
ATCP 48.50 Investigations. The department may investigate violations of this chapter. The department may conduct a preliminary investigation under s.
93.16, Stats., and may exercise its authority under ss.
93.14 and
93.15, Stats., in support of any investigation. Pursuant to ss.
88.13 and
93.08, Stats., the department or its agent may enter onto lands to inspect for compliance with this chapter.
ATCP 48.50 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.52(1)
(1)
Authority. The department may, without prior notice or hearing, issue an order which does any of the following:
ATCP 48.52(1)(a)
(a) Prohibits the construction or modification of a district drain or corridor if the department finds that the construction or modification violates this chapter. An order under this paragraph shall specify the activity prohibited by the order, and shall specify why that activity violates this chapter.
ATCP 48.52(1)(b)
(b) Requires a county drainage board to file with the department a specific maintenance and repair plan for a drainage district.
ATCP 48.52(1)(c)
(c) Requires a county drainage board to file with the department a copy of any record or report required under this chapter.
ATCP 48.52(1)(d)
(d) Requires a county drainage board to comply with applicable requirements under this chapter.
ATCP 48.52(2)
(2) Who may issue. An order under
sub. (1) may be issued by the administrator of the department's division of agricultural resource management, or by a person designated in writing by that division administrator.
ATCP 48.52(3)
(3) Violations prohibited. No person may violate an order issued by the department under
sub. (1).
ATCP 48.52(4)
(4) Form and contents. An order under
sub. (1) shall be issued in writing, and shall include all of the following:
ATCP 48.52(4)(c)
(c) Notice that persons adversely affected by the order may request a hearing to contest the order, or to demonstrate compliance with conditions specified for withdrawal of the order.
ATCP 48.52(5)(a)(a) An order under
sub. (1) shall be served on the person to whom it is directed. An order may be served in person or by mail. If an order is directed to the county drainage board, the department shall serve the order on at least one member of the county drainage board. The department shall mail or deliver a copy of every order under
sub. (1) to the county drainage board, regardless of whether the order is directed to the county drainage board.
ATCP 48.52 Note
Note: Any person, including but not limited to the county sheriff, may personally serve an order on behalf of the department. If necessary, the department may prove service by means of an affidavit of mailing, a certified mail return receipt, or an affidavit of service.
ATCP 48.52(5)(b)
(b) An order under
sub. (1) takes effect immediately after it is served on the person to whom it is directed.
ATCP 48.52(6)
(6) Withdrawing or modifying the order. A person adversely affected by an order under
sub. (1) may request the department to withdraw or modify the order. A request under this subsection shall specify the reasons justifying the request. A request may be made orally, but the department may require the requester to confirm the request in writing. The department may withdraw or modify the order as appropriate.
ATCP 48.52 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.54
ATCP 48.54 Hearing on compliance order. ATCP 48.54(1)(1)
Request for hearing. A person adversely affected by an order under
s. ATCP 48.52 may request a hearing before the department to contest the order. A request may be made orally, but the department may require the requester to confirm the request in writing. A request for hearing does not automatically stay an order issued under
s. ATCP 48.52.
ATCP 48.54(2)(a)(a) The department shall hold an informal hearing as soon as reasonably possible after it receives an oral or written hearing request under
sub. (1), but not more than 10 days after it receives the request, unless the requester agrees to a later date for an informal hearing.
ATCP 48.54(2)(b)
(b) The person presiding at an informal hearing under
par. (a) shall be a department employee or official who was not personally involved in the investigation or decision to issue the order under
s. ATCP 48.52, and who is authorized to withdraw or modify the order as necessary. The informal hearing shall be held by telephone or at a location determined by the department.
ATCP 48.54(2)(c)
(c) Within 2 business days after the conclusion of the informal hearing, the presiding officer under
par. (b) shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of the memorandum shall be provided to the person requesting the hearing. The memorandum shall include a notice of a person's right to request a formal contested case hearing under
sub. (3).
ATCP 48.54(3)
(3) Formal hearing. If a contest related to an order under
s. ATCP 48.52 is not resolved after an informal hearing under
sub. (2), the person adversely affected by the department's order may request a full contested case hearing on the order. The contested case proceeding shall comply with
ch. 227, Stats., and
ch. ATCP 1.
ATCP 48.54 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.56
ATCP 48.56 Variances. The department may authorize a variance from any standard or requirement under this chapter if the department finds that the variance is consistent with the objectives of this chapter. A variance shall be issued in writing. A variance may be issued by the administrator of the department's division of agricultural resource management, or by a person designated in writing by that division administrator. The department may not grant variances from statutory requirements.
ATCP 48.56 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.60
ATCP 48.60 Grants to county drainage boards. ATCP 48.60(1)(1)
General. From the appropriation under s.
20.115 (7) (d), Stats., the department may award grants to county drainage boards to help those boards comply with
ch. 88, Stats., and this chapter. The department shall award grants in each state fiscal year, subject to available funding. A grant may reimburse a county drainage board for up to 60 percent of the drainage board's costs to do any of the following:
ATCP 48.60 Note
Note: Section 20.115 (7) (d), Stats., was repealed by
2007 Wis. Act 20, and any future grants are contingent on a new appropriation.
ATCP 48.60 Note
Note: A grant under par. (c) may be used only for maintenance plans, not actual maintenance costs.
ATCP 48.60(1)(d)
(d) Other eligible projects that the department identifies in its annual request for grant proposals under
sub. (2).
ATCP 48.60(2)
(2) Annual request for grant proposals. Before the department awards any grant under
sub. (1) in any state fiscal year, the department shall publish an annual request for grant proposals and shall provide a copy to every county drainage board. The annual request for grant proposals shall include all the following:
ATCP 48.60(2)(a)
(a) The amount of grant funds available for distribution in that state fiscal year ending June 30.
ATCP 48.60(2)(d)
(d) The method that the department will use to allocate funds between competing grant proposals of equal priority, if it cannot fully fund all of those proposals.
ATCP 48.60 Note
Note: For example, the department may fund equally rated grant proposals on a “first come, first served" basis.
ATCP 48.60(2)(e)
(e) General grant terms and conditions that may affect grant applications.
ATCP 48.60 Note
Note: Copies of a grant application form may be obtained from the department at its offices at 2811 Agriculture Drive, Post Office Box 8911, Madison, WI 53708-8911.
ATCP 48.60(3)
(3) Grant applications. A county drainage board may apply for a grant under
sub. (1). The county drainage board shall make the grant application on a form that the department provides under
sub. (2) (h). The grant application shall be broken down by drainage district, and shall include all the following:
ATCP 48.60(3)(a)
(a) A description of each drainage district project for which the county drainage board seeks a grant.
ATCP 48.60(3)(c)
(c) The county drainage board's plan for financing the project.
ATCP 48.60(3)(d)
(d) Competitive bidding or other procedures that the county drainage board will use to control project costs.
ATCP 48.60 Note
Note: A county drainage board is not required to select the low bidder for a funded project. But the department may make its grant award and payments based on the low bid cost.
ATCP 48.60(4)
(4) Grant awards. Within 90 days after the grant application deadline under
sub. (2) (g), the department shall make its grant awards. The department shall give notice of its awards to all county drainage boards that applied for grants.
ATCP 48.60(5)
(5) Grant contracts. Before the department pays any grant funds to a county drainage board, the department shall enter into a grant contract with that county drainage board. The contract shall specify the time period and other terms and conditions of the grant. The department shall make grant payments according to
sub. (6) and the grant contract.
ATCP 48.60(6)(a)(a) The department shall make grant payments after the county drainage board completes the funded project and pays its share of the project costs. The department may not pay for any project cost incurred after the end of the grant period specified in the grant contract.
ATCP 48.60(6)(b)
(b) The county drainage board shall submit a payment request on a form provided by the department. In its request, the county drainage board shall document that it has completed the project and paid its share of the project costs.
ATCP 48.60 Note
Note: Copies of a payment request form may be obtained from the department at its offices at 2811 Agriculture Drive, Post Office Box 8911, Madison, WI 53708-8911.
ATCP 48.60(6)(c)
(c) The department shall make grant payments to the county treasurer, for the benefit of the county drainage board. If the county drainage board hires an agent to complete a project on its behalf, the department may, at the request of the county drainage board, make a check jointly payable to the county treasurer and that agent.
ATCP 48.60 History
History:
CR 01-004: Cr.
Register January 2002 No. 553, eff. 2-1-02.
