Wisconsin Legislature: Chapter ATCP 1

Chapter ATCP 1

ADMINISTRATIVE ORDERS AND CONTESTED CASES

Subchapter I — Definitions

ATCP 1.01 Definitions.

Subchapter II — Orders

ATCP 1.03 Special orders.

ATCP 1.04 Final orders in contested cases.

Subchapter III — Initiating a Contested Case

ATCP 1.05 Complaint requesting special order.

ATCP 1.06 Request for hearing on department action.

ATCP 1.07 Request for declaratory ruling.

ATCP 1.08 Request for recovery proceeding.

Subchapter IV — General Provisions

ATCP 1.10 Administrative law judge’s authority and duties.

ATCP 1.11 Failure to appear, answer or comply with administrative law judge’s order.

ATCP 1.12 Party may appear by attorney.

ATCP 1.13 Documents; filing, identification and service.

ATCP 1.14 Motions.

ATCP 1.15 Subpoenas.

ATCP 1.16 Record of oral proceedings; transcripts.

Subchapter V — Contested Case Proceedings

ATCP 1.20 Hearing notice.

ATCP 1.21 Answers; required pleadings.

ATCP 1.22 Prehearing conference.

ATCP 1.23 Discovery.

ATCP 1.24 Settlement.

ATCP 1.25 Hearing.

ATCP 1.26 Briefs.

Subchapter VI — Decisions and Judicial Review

ATCP 1.30 Proposed decision.

ATCP 1.31 Final decision.

ATCP 1.32 Award of costs and attorneys fees.

ATCP 1.33 Costs upon frivolous claim.

ATCP 1.34 Judicial review; certifying record to court.

Subchapter VII — Enforcement-Discretion; Small Business

ATCP 1.40 Purpose.

ATCP 1.41 Definitions.

ATCP 1.42 Exercise of discretion.

Ch. ATCP 1 NoteNote: Chapter Ag 1 as it existed on May 31, 1992 was repealed and new ch. Ag 1 was created effective June 1, 1992; Chapter Ag 1 was renumbered ch. ATCP 1 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

subch. I of ch. ATCP 1Subchapter I — Definitions

ATCP 1.01ATCP 1.01 Definitions. In this chapter:

ATCP 1.01(1)(1) “Administrative law judge” means the secretary or an examiner whom the secretary appoints in writing, under s. 227.46 (1), Stats., to preside over a contested case. The secretary may appoint an examiner from the department, the department of administration, or another state agency with the agreement of that agency.

ATCP 1.01(2)(2) “Claim filing order” means an order directing producers or depositors to file claims under subch. VII of ch. 126, Stats.

ATCP 1.01(3)(3) “Claim” means a producer or depositor claim under subch. VII of ch. 126, Stats.

ATCP 1.01(4)(4) “Claimant” means a producer or depositor claimant under subch. VII of ch. 126, Stats.

ATCP 1.01(5)(5) “Class 1 contested case,” “class 2 contested case” or “class 3 contested case,” means a class 1, class 2 or class 3 proceeding, respectively, as defined in s. 227.01 (3), Stats.

ATCP 1.01(6)(6) “Complainant” means any of the following persons or entities that file a complaint with the secretary under this chapter:

ATCP 1.01(6)(a)(a) A division.

ATCP 1.01(6)(b)(b) A person or agency authorized to file a complaint under s. 100.20 (4) or 100.201 (9) (f), Stats.

ATCP 1.01(7)(7) “Complaint” means a written complaint, filed with the secretary under s. ATCP 1.05, asking the department to issue a special order against a person or persons identified in the complaint.

ATCP 1.01(8)(8) “Contested case” has the meaning given under s. 227.01 (3), Stats.

ATCP 1.01(9)(9) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 1.01(10)(10) “Division” means a principal subunit of the department which is headed by a division administrator. “Division” includes authorized division staff.

ATCP 1.01(11)(11) “Division administrator” means a division head whose position is authorized under s. 230.08 (2) (e) 2., Stats. “Division administrator” includes an acting division administrator appointed by the secretary, or a person designated by a division administrator to act on the administrator’s behalf in the administrator’s absence.

ATCP 1.01(12)(12) “File” means deliver in writing to any of the following:

ATCP 1.01(12)(a)(a) The office of the secretary.

ATCP 1.01(12)(b)(b) The final decisionmaker, if the filing pertains to a matter which is pending before the final decisionmaker.