Chapter ATCP 1

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 ATCP 1 Note Note: Chapter Ag 1 as it existed on May 31, 1992 was repealed and new ch.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 1 Subchapter I — Definitions

ATCP 1.01 ATCP 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.

ATCP 1.01(12)(c) (c) The administrative law judge, if the filing pertains to a matter which is pending before the administrative law judge.

ATCP 1.01(12)(d) (d) A recipient designated by the department to receive filed documents.

ATCP 1.01 Note Note: Documents intended for filing with the secretary’s office may be sent to the following address:

ATCP 1.01 Note Secretary
Wisconsin Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911

ATCP 1.01(13) (13) “Final decisionmaker” means the secretary, or a person whom the secretary appoints, in writing, to issue a final decision in a contested case. “Final decisionmaker” may include an administrative law judge whom the secretary appoints as final decisionmaker.

ATCP 1.01(14) (14) “Hearing” means a contested case hearing under ch. 227, Stats., except as otherwise provided in this chapter.

ATCP 1.01(15) (15) “Intervenor” means an interested or affected person who files a request to be admitted, and who is admitted as a party in a contested case. “Intervenor” does not include a complainant, respondent, petitioner or claimant.

ATCP 1.01(16) (16) “License” has the meaning specified under s. 227.01 (5), Stats.

ATCP 1.01(17) (17) “Order determining claims” means an order allowing or disallowing producer or depositor claims in a recovery proceeding.

ATCP 1.01(18) (18) “Party” means any of the following persons or entities, unless that person or entity is dismissed as a party:

ATCP 1.01(18)(a) (a) A division which appears or is named as a party.

ATCP 1.01(18)(b) (b) A complainant.

ATCP 1.01(18)(c) (c) A respondent who has been served with a complaint or notice from the department identifying him or her as a respondent.

ATCP 1.01(18)(d) (d) A petitioner.

ATCP 1.01(18)(e) (e) A claimant.

ATCP 1.01(18)(f) (f) An intervenor.

ATCP 1.01(19) (19) “Person” includes a natural person, corporation, partnership, association, trust, division of the department, or other government or business entity.

ATCP 1.01(20) (20) “Petitioner” means a person who files a request for a hearing or declaratory ruling under this chapter.

ATCP 1.01(21) (21) “Proceeding” means a contested case proceeding before the department under ch. 227, Stats.

ATCP 1.01(22) (22) “Recovery proceeding” means a proceeding initiated by the department under subch. VII of ch. 126, Stats., to determine the amount of allowable producer or depositor claims against a vegetable contractor, milk contractor, grain warehouse keeper or grain dealer.

ATCP 1.01(23) (23) “Representative” means an attorney or other person authorized by a party to represent that party in a contested case.

ATCP 1.01(24) (24) “Respondent” means either of the following:

ATCP 1.01(24)(a) (a) A person against whom a complaint is filed.

ATCP 1.01(24)(b) (b) A person, other than a complainant, petitioner, claimant or intervenor, who is named as a party to a proceeding.

ATCP 1.01(25) (25) “Secretary” means the secretary of the department.“Secretary” includes both of the following:

ATCP 1.01(25)(a) (a) The deputy secretary of the department.

ATCP 1.01(25)(b) (b) A department official whom the secretary has specifically authorized to act on the secretary’s behalf.

ATCP 1.01(26) (26) “Special order” means an enforceable or purportedly enforceable administrative order that the department issues against a named or identified person under chs. 88 to 100, Stats., or ch. 126, Stats.,or other laws administered by the department. “Special order” includes special orders identified under s. ATCP 1.03 (1) (a). “Special order” does not include any of the actions listed under s. ATCP 1.03 (1) (b).

ATCP 1.01(27) (27) “Subpoena” means a command to give testimony or provide evidence.

ATCP 1.01(28) (28) “Summary special order” means a special order which the department issues without prior notice to the order recipient, or without a prior opportunity for the order recipient to appear or contest the order.

ATCP 1.01(29) (29) “Trade and consumer protection division” means the trade and consumer protection division of the department.

ATCP 1.01 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; renum. (1) to (10) to be (2) to (11) and renum. (11) to be (1) and am., am. (12) (c) and (13), Register, June, 1999, No. 522, eff. 7-1-99; CR 02-113: am. (26) Register April 2003 No. 568, eff. 5-1-03; corrections in (2), (3), (4) and (14) made under s. 13.93 (2m) b. 7., Stats., Register April 2003 No. 568; CR 09-054: am. (1) to (4), r. (14), renum. (15) to (22) to be (14) to (21) and am. (17), cr. (22) Register December 2010 No. 660, eff. 1-1-11.

subch. II of ch. ATCP 1 Subchapter II — Orders

ATCP 1.03 ATCP 1.03 Special orders.

ATCP 1.03(1) (1) Orders included.

ATCP 1.03(1)(a) (a) A “special order,” as defined in s. ATCP 1.01 (26), includes all of the following:

ATCP 1.03(1)(a)1. 1. An order suspending, revoking or imposing conditions on a license.

ATCP 1.03(1)(a)2. 2. An administrative injunction, including any order issued under s. 88.11 (7), 94.645 (4), 94.71 (3) (c), 97.12 (3) (a), 100.19 (3), 100.20 (3), 100.201 (9) (b), 100.21 (4), 100.22 (4) (a), 100.30 (5) (a) or 126.85, Stats.

ATCP 1.03(1)(a)3. 3. An order banning or restricting the sale of a hazardous consumer product or household substance, including any order issued under s. 100.37 (2) (e), 100.41 (5), 100.42 (3) or 100.43 (4) (b), Stats.

ATCP 1.03(1)(a)4. 4. An order determining claims in a recovery proceeding.

ATCP 1.03(1)(a)5. 5. A temporary holding order or stop sale order, including any order issued under s. 94.10 (2) (b), 94.46, 94.64 (11), 94.65 (10), 94.71 (2), 94.72 (13), 95.72 (4) (d), 97.12 (2), 97.42 (9) (b) 1. or 100.37 (5), Stats.

ATCP 1.03(1)(a)6. 6. An order for the quarantine, control, destruction or disposal of plants, plant pests or animals, including any order issued under s. 94.01, 94.02, 94.10 (2) (b), 94.76 (1), 95.20, 95.23 or 95.31, Stats.

ATCP 1.03(1)(a)7. 7. An order condemning unwholesome or adulterated animal carcasses, meat or food, including any order issued under s. 95.72 (4) (d), 97.12 (2) or 97.42 (9) (b) 2., Stats.

ATCP 1.03(1)(a)8. 8. An order prohibiting the use of specified equipment or facilities, including any order issued under s. 95.72 (6) (c), 97.42 (9) or 98.05, Stats.

ATCP 1.03(1)(a)9. 9. A subpoena or formal investigative demand, except as provided under par. (b) 4. or 5.

ATCP 1.03(1)(a)10. 10. A corrective action order under s. 94.73 (2), Stats.

ATCP 1.03(1)(a)11. 11. Animal health import requirements that the state veterinarian imposes on an import permit holder under s. ATCP 10.07 (1) (b), unless the department has adopted those import requirements by rule.

ATCP 1.03(1)(a)12. 12. A temporary animal hold order issued under s. ATCP 10.90 or a destruction or removal order issued under s. ATCP 10.91.

ATCP 1.03(1)(b) (b) The term “special order,” as defined in s. ATCP 1.01 (26), does not include any of the following:

ATCP 1.03(1)(b)1. 1. A rule.

ATCP 1.03(1)(b)2. 2. A warning notice.

ATCP 1.03(1)(b)3. 3. A division’s denial of an initial license application.

ATCP 1.03(1)(b)4. 4. A division’s nonrenewal of a license if the license holder fails to file a required renewal application or pay a required fee.

ATCP 1.03(1)(b)5. 5. A subpoena or discovery demand issued in a contested case proceeding by a party or the party’s representative.

ATCP 1.03(1)(b)6. 6. An order issued by an administrative law judge or final decisionmaker in a contested case, other than an order identified under par. (a).

ATCP 1.03(2) (2) Who may issue a special order. The secretary or final decisionmaker may issue a special order on behalf of the department. Except for any order described in sub. (1) (a) 4., the secretary, in writing, may designate any division administrator, or other employee in a specified position in the department, to issue any order described in sub. (1) (a).

ATCP 1.03(3) (3) Summary special order; hearing.

ATCP 1.03(3)(a) (a) If the department issues a summary special order against any person, that person may do any or all of the following:

ATCP 1.03(3)(a)1. 1. Request a contested case hearing on the summary special order, pursuant to s. ATCP 1.06.