Chapter ATCP 3

ATCP 3.03(3)(c)3. 3. News media serving the area affected by the proposed action.

ATCP 3.03(3)(d) (d) Contents of notice. The notice distributed under par. (c) shall include:

ATCP 3.03(3)(d)1. 1. A brief description of the proposed action, and a request for public comment on the draft environmental impact statement pertaining to the proposed action.

ATCP 3.03(3)(d)2. 2. Instructions on how interested persons may obtain or examine a copy of the draft statement.

ATCP 3.03(3)(d)3. 3. A specified comment period during which comments on the draft statement will be accepted by the department. The comment period shall extend for 45 days after the date on which notice is issued by the department, unless a shorter or longer time period is specified by the department.

ATCP 3.03(3)(d)4. 4. The date, time and location of any public hearing scheduled in connection with the proposed action, if known.

ATCP 3.03(4) (4) Final statement and action. A final environmental impact statement shall be prepared by the department following the receipt of comments on the draft statement. Copies of the final statement, or changes from the draft statement, shall be distributed to all persons and agencies who received or commented on the draft statement. Except where the department determines that an earlier decision is necessary, no final decision on the proposed action shall be made earlier than 30 days after the issuance of the final statement, or 90 days after the issuance of the draft statement, whichever occurs later.

ATCP 3.03 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

ATCP 3.04 ATCP 3.04 Public hearing on proposed action.

ATCP 3.04(1) (1) General hearing requirement; exceptions. Whenever the department determines that a proposed action is a major action significantly affecting the quality of the human environment within the meaning of s. 1.11 (2) (c), Stats., it shall hold a public hearing on the proposed action prior to making a final decision to proceed with the action, as required by s. 1.11 (2) (d), Stats. A public hearing held pursuant to another statutory requirement fulfills the hearing requirement under this section. This subsection does not apply to proposals for legislation, or emergency actions taken in compliance with s. ATCP 3.03 (1) (b) and other applicable laws.

ATCP 3.04(2) (2) Notice of hearing. Hearings under sub. (1) shall be preceded by notice published in the form of a class 1 notice under ch. 985, Stats., at least 10 days prior to the date of hearing. Notice under this subsection may be included in a hearing notice required by another statute.

ATCP 3.04(3) (3) Form of hearings; hearing record; cross-examination in contested cases.

ATCP 3.04(3)(a) (a) Hearings on proposed actions shall be conducted in the manner of rulemaking hearings under s. 227.18, Stats., except as otherwise provided by law. Hearings shall be held, to the extent feasible, in the area affected by the proposed action.

ATCP 3.04(3)(b) (b) Whenever an environmental impact statement is prepared in connection with a proposed action, a copy of the environmental impact statement shall be admitted into the record in hearings held under this section. Whenever an environmental impact statement is admitted into the record in a contested case hearing, persons preparing or submitting information for the environmental impact statement may be required to respond to cross-examination by parties to the case, pursuant to s. 227.45 (6), Stats.

ATCP 3.04(3)(c) (c) Persons claiming to be adversely affected by a department action, other than a rulemaking action or proposal for legislation, may petition the department for a contested case hearing on the department action under s. 227.42, Stats. The department shall afford a contested case hearing in response to a petition if the requirements of s. 227.42, Stats., are met. The department may order the consolidation of contested case proceedings as the department deems appropriate. Parties to a contested case hearing shall be afforded the opportunity for cross-examination and discovery, to the extent provided under s. 227.45, Stats., and ch. ATCP 1. This paragraph does not limit any other right to a contested case hearing to which a person may be entitled by law; nor does it limit any discretion which the department may have to afford a contested case hearing not required by law.

ATCP 3.04 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

ATCP 3.05 ATCP 3.05 Information required by department. Persons requesting department action in the form of a license, permit, or other individual authorization from the department may be required to submit information, if reasonably needed by the department, for the preparation of any environmental assessment or environmental impact statement made necessary by the requested action. Information shall be submitted in the form requested by the department. The furnishing of information under this section shall be a condition to the issuance of the requested license, permit, or authorization. The department shall exercise its independent judgment when preparing the required environmental assessment or environmental impact statement. The department may use or discount information provided by the applicant or any other person, based on the department’s assessment of the reliability of the information.

ATCP 3.05 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

ATCP 3.06 ATCP 3.06 Availability of documents; filing. All environmental assessments, and all draft and final environmental impact statements shall be kept on permanent file and be available for public inspection and copying at the department, except as otherwise provided under subch. II of ch. 19, Stats. The department may, in its discretion, charge a reasonable fee to cover the cost of any requested copying or distribution.

ATCP 3.06 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

ATCP 3.07 ATCP 3.07 Authority. This chapter is adopted under authority of ss. 227.11 and 93.07 (1), Stats., and interprets s. 1.11, Stats.

ATCP 3.07 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

subch. II of ch. ATCP 3 Subchapter II — Licensing

ATCP 3.10 ATCP 3.10 Definitions. In this subchapter:

ATCP 3.10(1) (1) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 3.10(2) (2) “License” means any permit, certificate, registration or license issued by the department.

ATCP 3.10 Note Note: See s. 93.06 (1n) and (7), Stats.

ATCP 3.10 History History: CR 08-075: cr. Register April 2009 No. 640, eff. 5-1-09.

ATCP 3.11 ATCP 3.11 Licenses; electronic processing fees. The department may charge a processing fee of $3 for each transaction under s. 93.06 (1n), Stats., to cover the department’s electronic processing costs. The fees under this section are in addition to any other fees required to be paid to the department.

ATCP 3.11 Note Note: See s. 93.06 (1n) (c), Stats.

ATCP 3.11 History History: CR 08-075: cr. Register April 2009 No. 640, eff. 5-1-09.