Chapter ATCP 74

ATCP 74.18(2)(am)2. 2. A fee equal to 20% of the applicable state license, regardless of the license fee actually charged by the local agent, if the local agent fails to submit the annual self-assessment in par. (am) to the department by September 30 of that year. A fee payment under this paragraph does not exempt the agent from the duty to prepare and submit an annual self-assessment.

ATCP 74.18(3) (3) additional department costs. If an agent program has contracted with the department, pursuant to s. 97.41, Stats., and s. ATCP 74.06, for the department to collect fees and issue licenses, the agent program shall pay the department for the actual cost of providing these services.

ATCP 74.18 History History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in numbering in (1), (2) made under s. 13.92 (4) (b) 1., Stats., and correction in (2) (am) 2. made under s. 13.92 (4) (b) 7., Stats., Register February 2018 No. 746.

ATCP 74.20 ATCP 74.20 Reports and records.

ATCP 74.20(1) (1) An agent program shall retain complete and accurate records including, but not limited to, copies of all reports and inspections, follow-up inspections, sampling, and all orders, for a minimum of three years after completion, and longer if required by applicable statutes, rules, or local ordinances. The records shall include accurate records of all licenses and license holders, license fee revenues, inspection charges, complaints, complaint investigations, and all program costs.

ATCP 74.20(2) (2) The agent program shall accurately and completely document the cost of the agent’s program that is administered under the contract with the department. The cost may include direct costs for licensing, inspection, complaint handling and investigation, enforcement, information management, reporting, and any other activities carried out within the limits of the contract with the department. The costs may also include documented indirect costs normally associated with the program. These costs may include staff, equipment, facilities, contract service, and other documented costs allocated to the program.

ATCP 74.20(3) (3) The agent program shall provide upon the department’s written request all information necessary to monitor the agent program’s detailed costs and revenues as specified in s. ATCP 74.20 (2), agent program performance and activities, and the status of regulated facilities.

ATCP 74.20(4) (4) The agent program shall submit to the department by the 10th of each month the following specific information:

ATCP 74.20(4)(a) (a) All new licensees under the contract within the preceding month.

ATCP 74.20(4)(b) (b) All changes in the license status of existing establishments during the previous month.

ATCP 74.20(5) (5) By September 1 of each fiscal year, the agent program shall provide the department with a complete list of the names and addresses of persons licensed by the agent program during the previous fiscal year.

ATCP 74.20(6) (6) The agent shall maintain records to demonstrate that license and other program-related fees collected by an agent program do not exceed the reasonable costs incurred by the agent program for enforcing and administering the provisions of the contract.

ATCP 74.20 History History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18.

ATCP 74.22 ATCP 74.22 Licensing and standards.

ATCP 74.22(1) (1) The agent program shall issue licenses in its jurisdiction, in accordance with s. 97.30, Stats., and subchs. III and IV of ch. 97, Stats., and shall ensure that no person in its jurisdiction, subject to regulation under those statutes, operates an establishment without a valid license except:

ATCP 74.22(1)(a) (a) Mobile retail food establishments, operating in more than one jurisdiction, shall be licensed by the department, pursuant to s. 97.30 (2) (a), Stats.

ATCP 74.22(1)(a)1. 1. If the mobile retail food establishment has a service base, as defined in ch. ATCP 75 Appendix Part 1-201.10 (B), located within an agent’s jurisdictional boundary, the agent shall issue the service base license.

ATCP 74.22(1)(a)2. 2. The agent may charge an inspection fee for any inspection of a department-licensed mobile retail food establishment.

ATCP 74.22(1)(b) (b) Temporary retail food establishments that operate in more than one jurisdiction shall be licensed by the department pursuant to s. 97.30 (2) (a), Stats.

ATCP 74.22(1)(b)1. 1. The department shall provide a guidance document for the agent to use to determine which temporary retail food establishment license applies.

ATCP 74.22(1)(b)2. 2. The agent may charge an inspection fee for any inspection of a department-licensed temporary retail food establishment.

ATCP 74.22(1)(c) (c) Any establishment that is selling, holding, or distributing food and exempt from the requirement to hold a retail food establishment license, pursuant to s. 97.30 (2) (b), Stats., is under the regulatory authority of the department and may not be licensed, charged a fee, or inspected in any manner related to food, dairy, or meat processing, or wholesale or retail food operations by the agent.

ATCP 74.22(2) (2) An annual license issued by the agent program shall include:

ATCP 74.22(2)(a) (a) The individual, married couple or legal entity who will hold the license and a complete street address. A website address or post office box number do not meet this requirement.

ATCP 74.22(2)(b) (b) Doing business as (DBA) name and complete address of the establishment.

ATCP 74.22(2)(c) (c) License number and expiration date.

ATCP 74.22(2)(d) (d) Type of establishment, for licensing purposes.

ATCP 74.22(2)(e) (e) Numbers of units, rooms, or sites and complexity, if applicable.

ATCP 74.22(3) (3) Each license issued by the agent program shall expire on June 30, except for the following:

ATCP 74.22(3)(a) (a) New licenses issued during the period beginning on April 1 and ending on June 30 shall expire on June 30 of the next calendar year.

ATCP 74.22(3)(b) (b) A local health department of a city of the 1st class that has contracted with the department may issue a license for a retail food establishment or a bed and breakfast establishment, pursuant to ss. 97.30 (2) (am) or 97.605 (5) (b), Stats., at any time during the year. That license shall expire one year after the date it was issued.

ATCP 74.22(4) (4) The agent program shall notify the department when, in the performance of its duties, it encounters an unlicensed establishment that falls under the department’s licensing and inspection authority.

ATCP 74.22(5) (5) The department shall notify an agent program when, in the performance of its duties, it encounters an unlicensed establishment that falls under the agent program’s licensing and inspection authority.

ATCP 74.22(6) (6) The agent program may, pursuant to the provisions of and subject to s. ATCP 75.03 (6), issue an interim license.

ATCP 74.22(7) (7) The agent program may not issue an interim license in response to a renewal application by the holder of an existing license.

ATCP 74.22 History History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18.

ATCP 74.24 ATCP 74.24 License denial, suspension, or revocation. The agent program may deny, suspend, or revoke a license or impose conditions on a license, as provided in s. 93.06 (7) and (8), Stats. Except as otherwise provided by statute, rule, or local ordinance, the suspension or revocation of a license shall comply with the prior notice requirements of s. 227.51, Stats.

ATCP 74.24 History History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18.

ATCP 74.26 ATCP 74.26 Contract termination, revocation, refusal to renew, or suspension.

ATCP 74.26(1) (1) An agent program may terminate the contract upon 90 days written notice to the department. The notice shall specify the reason or reasons for the termination and the last day, not to exceed the term of the current contract, that the agent program will maintain its agent status.

ATCP 74.26(2) (2) If the department finds that the agent program has failed to comply with this chapter, with the conditions in ss. 97.30, 97.41, Stats., or subch. III or IV of ch. 97, Stats., or with the terms and conditions of the contract, the department may revoke the agent program’s agent status as provided in s. 97.41 (2), Stats., upon 90 days written notice to the agent program, or refuse to renew a contract for the next contract period. The notice shall specify the reason or reasons the agent program has had its agent status revoked or refused to renew, and shall specify the last day in which the local health department may operate an agent program.

ATCP 74.26(3) (3) If the department determines that it is necessary to suspend an agent program’s contract to protect public health or safety, the department may immediately suspend the contract upon written notice to the agent program.

ATCP 74.26(4) (4) The agent program, following a revocation, refusal to renew, or suspension, may request a hearing if it is requested in writing by the agent program within 10 days of the department’s written notice. A final decision, after hearing, on a revocation or refusal to renew shall be issued by the department before the last day of the contract, specified in the department’s written notice. If a hearing on a suspension is requested, the department shall hold it within 15 days after the department receives that request, unless the parties agree to an extension. Any suspension shall continue until such time as the department has issued a final decision.

ATCP 74.26 History History: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18.