ATCP 1.05 NoteExample: If a division seeks a special order suspending a retail food establishment license, the division’s complaint may be captioned as follows:
ATCP 1.05(4)(4) Proceedings initiated in response to complaint. ATCP 1.05(4)(a)(a) In response to a complaint under sub. (1) or (2), the secretary shall initiate a contested case proceeding by issuing a hearing notice under s. ATCP 1.20. The department shall mail or deliver a copy of the notice, together with a copy of the complaint, to the administrative law judge, the complainant, and each respondent identified in the complaint. ATCP 1.05(4)(b)1.1. A party may move for dismissal of a contested case at any point in a contested case proceeding. ATCP 1.05(4)(b)2.2. The final decisionmaker may dismiss a contested case at any point in a contested case proceeding if the final decisionmaker determines, based on the record, that the proceeding should be dismissed for lack of jurisdiction or other reasons. ATCP 1.05 NoteNote: For example, based on a party’s pre-hearing motion, the administrative law judge and final decisionmaker may conclude that a contested case should be dismissed for jurisdictional or other reasons notwithstanding the secretary’s action under par. (a).
ATCP 1.05(5)(a)(a) In addition to or in lieu of other relief, a complainant may ask the secretary or final decisionmaker to issue a summary special order which is authorized by law. A complainant may request a summary special order as part of a complaint under sub. (1) or (2), or may file the request in the form of a motion at any time after a complaint is filed. ATCP 1.05(5)(b)(b) A request for a summary special order shall include all of the following: ATCP 1.05(5)(b)1.1. A statement of the department’s authority to issue the summary special order. ATCP 1.05(5)(b)2.2. A statement indicating why the summary special order is necessary and justified. ATCP 1.05(5)(b)3.3. An affidavit setting forth the facts which justify the summary special order. ATCP 1.05(6)(6) Amending or withdrawing a complaint. A complainant may, with leave from the administrative law judge, amend or withdraw a complaint at any point in a contested case proceeding. The administrative law judge may withhold leave if the amendment or withdrawal would unduly delay or disrupt the proceeding, or would work a significant injustice against any party. ATCP 1.05 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; CR 09-054: am. (1), (6), r. and recr. (4) Register December 2010 No. 660, eff. 1-1-11; CR 16-013: am. (1), (3) (f) Register August 2016 No. 728, eff. 9-1-16. ATCP 1.06ATCP 1.06 Request for hearing on department action. ATCP 1.06(1)(1) Who may request. A person adversely affected by a department action may request a contested case hearing on that action. A request for a contested case hearing shall be filed with the secretary and shall comply with sub. (2). A request for hearing on a department action does not automatically stay or modify that action. ATCP 1.06 NoteNote: See s. 227.42, Stats., and s. ATCP 1.03 (3). A request for hearing may be filed with the secretary at the following address: ATCP 1.06 NoteSecretary
ATCP 1.06 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 1.06 Note2811 Agriculture Drive
ATCP 1.06 NoteP.O. Box 8911
ATCP 1.06 NoteMadison, WI 53708-8911
ATCP 1.06(2)(a)(a) A contested case hearing request under sub. (1) shall be in writing and shall describe all of the following: ATCP 1.06(2)(a)2.2. The requester’s substantial interest claimed to be adversely affected. ATCP 1.06(2)(a)3.3. How the department’s action adversely affected the requester’s substantial interest. ATCP 1.06(2)(a)4.4. The grounds for the hearing request, including material facts or legal issues that are in dispute. ATCP 1.06(2)(b)(b) The secretary may require the requester to file additional clarifying information, as necessary for the secretary to decide whether to grant or deny a hearing request. ATCP 1.06(3)(a)(a) The secretary shall grant or deny a contested case hearing request under sub. (1) within 20 days after a complete request is filed, unless the requester agrees to an extension or time. The secretary may grant a contested case hearing request if, upon preliminary review, it appears that the department has jurisdiction over the matter and that a contested case proceeding is warranted under s. 227.42, Stats., or other applicable law. ATCP 1.06(3)(b)(b) If the secretary grants a hearing request under sub. (1), the secretary shall initiate a contested case proceeding by issuing a hearing notice under s. ATCP 1.20. ATCP 1.06 NoteExample: Acme Foods, Inc. requests a hearing on the denial of a retail food establishment license for which Acme has applied. A hearing notice granting the request may be captioned as follows:
ATCP 1.06(3)(c)(c) If the secretary denies a hearing request under sub. (1), the secretary shall issue a written denial notice to the person who requested the hearing. The denial notice shall comply with the provisions of s. ATCP 1.31. The denial is subject to judicial review, to the extent provided under ss. 227.42 (2) and 227.52, Stats. ATCP 1.06(3)(d)1.1. A party may move for dismissal of a contested case at any point in a contested case proceeding. ATCP 1.06(3)(d)2.2. The final decisionmaker may dismiss a contested case at any point in a contested case proceeding if the final decisionmaker determines, based on the record, that the proceeding should be dismissed for lack of jurisdiction or other reasons. ATCP 1.06 NoteNote: For example, based on a party’s pre-hearing motion, the administrative law judge and final decisionmaker may conclude that a contested case should be dismissed for jurisdictional or other reasons notwithstanding the secretary’s action under par. (a).
ATCP 1.06 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1), correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482, eff. 3-1-96; CR 09-054: am. (1), (3) (title), (a), r. and recr. (2), cr. (3) (d) Register December 2010 No. 660, eff. 1-1-11; CR 22-062: am. (3) (a) Register April 2023 No. 808, eff. 5-1-23. ATCP 1.07ATCP 1.07 Request for declaratory ruling. ATCP 1.07(1)(1) Filing a petition. An interested person may petition the secretary for a declaratory ruling under s. 227.41, Stats., to determine the applicability to that person of any statute or rule enforced by the department. The petition shall comply with s. 227.41 (2), Stats., and shall be filed with the secretary. ATCP 1.07 NoteNote: A petition for declaratory ruling may be filed with the Secretary at the following address:
ATCP 1.07 NoteSecretary
Wisconsin Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
ATCP 1.07(2)(2) Response to petition. Within 30 days after a petition is filed under sub. (1), the secretary shall issue a written notice granting or denying the petition. If the petition is granted, the secretary shall initiate a contested case proceeding under s. 227.41 (1), Stats., by issuing a hearing notice under s. ATCP 1.20. If the petition is denied, the denial notice shall specify the reasons for the denial. ATCP 1.07 NoteExample: A notice denying a petition for declaratory ruling may be captioned as follows:
ATCP 1.07(3)(a)(a) A party may move for dismissal of a proceeding under this section at any point in the proceeding. ATCP 1.07(3)(b)(b) The final decisionmaker may dismiss a proceeding under this section at any point in the proceeding if the final decisionmaker determines, based on the record, that the proceeding should be dismissed for lack of jurisdiction or other reasons. ATCP 1.07 NoteNote: For example, based on a party’s pre-hearing motion, the administrative law judge and final decisionmaker may conclude that a proceeding for declaratory ruling should be dismissed for jurisdictional or other reasons notwithstanding the secretary’s action under sub. (2).
ATCP 1.07 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; CR 09-054: am. (2), cr. (3) Register December 2010 No. 660, eff. 1-1-11. ATCP 1.08ATCP 1.08 Request for recovery proceeding. ATCP 1.08(1)(1) Division filing. To initiate a recovery proceeding under subch. VII of ch. 126, Stats., the trade and consumer protection division shall file all of the following with the secretary: ATCP 1.08(1)(a)(a) A written request, signed by the division administrator, asking that a recovery proceeding be initiated. ATCP 1.08(1)(b)(b) Copies of one or more producer claims alleging a financial default, or other evidence of default under subch. VII of ch. 126, Stats. ATCP 1.08(2)(2) Claim filing order. Upon receiving documents from the trade and consumer protection division under sub. (1), the secretary may initiate a recovery proceeding by issuing a default claim filing order. If the secretary issues a default claim filing order, the department shall publish the default claim filing order as required by subch. VII of ch. 126, Stats. ATCP 1.08 NoteExample: A claim filing order in a dairy plant default proceeding may be captioned as follows:
ATCP 1.08(3)(3) Auditing claims; proposed decision. The trade and consumer protection division shall audit claims filed in response to the default claim filing order under sub. (2). Based on its audit, the trade and consumer protection division shall file with the secretary a proposed decision determining claims. The proposed decision shall do all of the following: ATCP 1.08(3)(a)(a) Specify proposed findings of fact, proposed conclusions of law and a proposed order determining claims and appropriate sources for payment of claims. ATCP 1.08(3)(b)(b) Allow or disallow each default claim according to s. 126.70 (4), Stats., and specify the amount of each allowed claim. ATCP 1.08(3)(c)(c) Specify, for each allowed claim, the amount that the department is authorized to pay under s. 126.71, Stats. ATCP 1.08(3)(d)(d) Specify the method, under s. 126.71, Stats., by which the department will pay the authorized amounts. ATCP 1.08(3)(e)(e) Explain a claimant’s right under s. 126.87 (4), Stats., to seek court recovery of that portion of an authorized claim that is not paid by the department. ATCP 1.08(3)(f)(f) Specify a date by which the contractor, claimant, surety or trade credit insurer may file written objections to the proposed decision. ATCP 1.08(3)(g)(g) If a respondent is covered by the department’s trade credit insurance policy, specify what claimants must do to qualify for coverage under the policy. ATCP 1.08(3)(h)(h) Include other provisions, if any, that the division finds necessary for the just and orderly determination of claims under ch. 126, Stats. ATCP 1.08(4)(a)(a) After the trade and consumer protection division files its proposed decision with the secretary under sub. (3), the department shall hold a class 2 contested case hearing on the proposed decision. To initiate the contested case proceeding, the secretary shall issue a hearing notice under s. ATCP 1.20. ATCP 1.08(4)(b)(b) The notice under par. (a) shall include a copy of the proposed decision under sub. (3). The notice shall invite affected parties to present their objections, if any, at the contested case hearing. The notice may require affected parties to file their objections in writing before the hearing, by a specified date. ATCP 1.08(4)(c)(c) The notice under par. (a) shall be issued to all of the following parties: ATCP 1.08(4)(c)1.1. The respondent who is alleged to have defaulted on payment obligations to producers. ATCP 1.08(4)(c)2.2. Any financial institution, insurance company or surety who may be obligated as a result of the default to pay the department. ATCP 1.08(4)(c)3.3. Each producer claimant who has filed a timely claim with the department. ATCP 1.08(4)(d)(d) If any party files a timely objection to the division’s proposed decision under sub. (3), the administrative law judge shall hear that objection in the contested case hearing under par. (a). ATCP 1.08(4)(e)(e) If, upon hearing under par. (a), there is no objection to the division’s proposed decision and order under sub. (3), the department may adopt that proposed decision and order as the department’s final decision and order in the proceeding, without further notice to the parties. ATCP 1.08 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; corrections in (1) (b) and (2) made under s. 13.93 (2m) b. 7., Stats., Register April 2003 No. 568; CR 09-054: am. (title), (1), (2), (4) (c) 2., (d), r. and recr. (3) Register December 2010 No. 660, eff. 1-1-11. ATCP 1.10ATCP 1.10 Administrative law judge’s authority and duties. ATCP 1.10(1)(1) Authority. An administrative law judge may, on behalf of the department and according to this chapter, preside over a contested case proceeding and issue orders regulating the conduct of the proceeding. In a contested case proceeding, unless otherwise provided by the secretary, the administrative law judge may do all of the following: ATCP 1.10(1)(a)(a) Require the parties to submit supplementary pleadings in order to clarify positions or issues. ATCP 1.10(1)(b)(b) Consolidate proceedings and order the joinder of parties, as appropriate.
