(10) If the department has notified an agent program of deficiencies by any licensee to comply with the enforcement provisions of this chapter or any other rules or statutes applicable under the contract, and that program does not act expeditiously or take effective action with the licensee, the department may act under ss. 97.12, and 97.65, Stats., to enforce compliance with this chapter. (11) The agent, if requested by the department, shall conduct effectiveness checks after product recalls or other situations in which a license-holder must remove food from sale or service.
ATCP 74.18 Reimbursement and other payments for services. (1) Unless otherwise specified in the contract, a fiscal year is defined in ATCP 74.01(6).
(2) By September 30 of each year, the department shall reimburse agent programs for inspecting vending machines during the previous fiscal year under terms and conditions specified in the contract. The department shall, upon written request, provide any agent with information on how to request reimbursement.
(a) Fee reimbursements for the inspection of vending machines that have moved from one agent program’s jurisdiction to another shall be credited to the agent program making the first inspection during the fiscal year.
(b) The reimbursement rate shall not exceed 20% of the state license fees the department sets by administrative rule for the types of facilities which the agent issues licenses. The calculation of the state fees is based on state license fees only, not pre-inspection and reinspection fees. The current reimbursement rate is set within these limits by the contract.
(3) By September 30 of each year, agent programs shall reimburse the department for each license issued by the agent program during the preceding fiscal year as a fee for training, support, and oversight costs.
(4) The department may increase the reimbursement rate up to a maximum rate of 20% by announcing the increase before the licensing year for which the change applies.
(5) Retail food and recreational establishment license fee reimbursement shall be:
(a) A fee equal to 10% of the applicable state license fee, regardless of the license fee actually charged by the local agent, if the local agent prepares and submits to the department, by September 30 of that year, an annual self−assessment as required by ss. 97.41 and 97.615, Stats. (b) 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. (a). 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.
(6) If an agent program has contracted with the department under 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 74.20 Reports and records. (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 at least three (3) years after completion, and longer if required by applicable statutes, rules, or local ordinances. These records shall also include accurate records of all licenses and license holders, license fee revenues, inspection charges, complaints, complaint investigations, and all program costs. These records also shall be retained for at least three years.
(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.
(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. (4) The agent program shall submit to the department by the 10th of each month the following specific information:
(a) All new licensees under the contract within the preceding month.
(b) All changes in the license status of existing establishments during the previous month.
(c) All records except those specified in s. ATCP 74.16 (3), and paperwork associated with any actions taken under s. ATCP 74.16 (3), within the preceding month. (5) By September 1 of each 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.
(6) The license and other program-related fees collected by an agent program may not exceed the reasonable costs incurred by the agent program for enforcing and administering the provisions of the contract.
ATCP 74.22 Licensing and standards. (1) The agent program shall issue licenses in its jurisdiction, in accordance with s. 97.30 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: (a) Mobile retail food establishments, operating in more than one jurisdiction, shall be licensed by the department under s. 97.30 (2) (a), Stats. 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. 2. The agent may charge an inspection fee for any inspection of a department-licensed mobile retail food establishment.
(b) Temporary retail food establishments that operate in more than one jurisdiction, shall be licensed by the department under s. 97.30 (2) (a), Stats. 1. The department shall provide a guidance document for the agent to use to determine which temporary retail food establishment license applies.
2. The agent may charge an inspection fee for any inspection of a department-licensed temporary retail food establishment.
(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., are 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. (2) An annual license issued by the agent program shall include, at minimum:
(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.
(b) Doing business as (DBA) name and complete address of the establishment.
(c) License number and expiration date.
(d) Type of establishment, for licensing purposes.
(e) Numbers of units, rooms, or sites and complexity, if applicable.
(3) Each license issued by the agent program shall expire on June 30, except that 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, except:
(a) 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 under s. 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. (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.
(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.
(6) The agent program may, under the provisions of and subject to s. ATCP 75.03 (6), issue an interim license. (7) The agent program shall not issue an interim license in response to a renewal application by the holder of an existing license.
ATCP 77.24 License denial, suspension, or revocation. The agent program may deny, suspend, or revoke a license or impose conditions on a license as provided in 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 74.26 Contract termination, revocation, refusal to renew or suspension.
(1) An agent program may terminate the agent contract upon ninety (90) days written notice to the department. The notice shall specify the reason(s) 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.
(2) If the department finds that the agent program has failed to comply with this chapter, with the conditions in s. 97.30, 97.41, 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 under s. 97.41 (2), Stats., upon ninety (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(s) 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. (3) If the department determines that it is necessary to suspend the agent program’s contract to protect public health or safety, the department may immediately suspend the agent program’s contract upon written notice to the agent program.
(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.
Section 2. Effective date: This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided under s. 227.22 (2) (intro).
