Chapter ATCP 17

ATCP 17.04(2)(b) (b) The scope of authority that the department delegates to the contract agent for the purpose of performing the services under par. (a), and relevant limits on that authority.

ATCP 17.04(2)(c) (c) The registration process and forms approved under sub. (3), if the contract agent will process registrations on behalf of the department.

ATCP 17.04(2)(d) (d) Terms related to information disclosure and confidentiality, including the terms specified in sub. (4).

ATCP 17.04(2)(e) (e) Terms related to information management, including the terms specified in sub. (5).

ATCP 17.04(2)(f) (f) Terms related to contract agent actions that may affect or impair the administration of this chapter, including the terms specified in subs. (6) to (8).

ATCP 17.04(2)(g) (g) Provisions related to contract termination, including the terms specified in sub. (9).

ATCP 17.04(2)(h) (h) Standard contract terms required by the state of Wisconsin.

ATCP 17.04(3) (3) Approved registration process. A contract agent that processes livestock premises registrations on behalf of the department shall use a process and forms approved by the department. The hard-copy or on-line registration process shall be conducted under the name of the department, not the contract agent. The contract agent may not supplement or modify the registration process or forms, or charge any registration fee, without the department’s written approval. The contract agent may not make solicitations or promotional communications to registrants in connection with the registration process, other than communications that the department requires for purposes of registration under this chapter.

ATCP 17.04(4) (4) Disclosure of information; confidentiality.

ATCP 17.04(4)(a) (a) A contract agent may not use or disclose any information that it acquires as the department’s contract agent under this chapter without the department’s written approval.

ATCP 17.04(4)(b) (b) A contract agent shall specifically identify the individuals who, on behalf of the contract agent, may have access to confidential information. Each of those individuals shall sign a personal confidentiality agreement with the department and shall comply with that agreement. No other persons employed or affiliated with the contract agent may have access to confidential information.

ATCP 17.04(4)(c) (c) No contract agent or individual affiliated with a contract agent may use or disclose information in violation of this chapter, the agency contract, or an individual confidentiality agreement under par. (b).

ATCP 17.04(5) (5) Managing information. A contract agent that holds information under this chapter on behalf of the department shall do all of the following:

ATCP 17.04(5)(a) (a) Comply with applicable state standards related to the storage, handling, and disposition of state records. A contract agent may not dispose of information collected or held under this chapter, except as authorized by the department pursuant to a state records disposal authorization under s. 16.61, Stats.

ATCP 17.04(5)(b) (b) Handle and maintain electronic records according to applicable standards in ch. Adm 12.

ATCP 17.04(6) (6) Collecting other information.

ATCP 17.04(6)(a) (a) A contract agent may not collect any information under color of its agency agreement with the department, without the department’s written authorization to collect that information.

ATCP 17.04(6)(b) (b) Paragraph (a) does not prohibit a contract agent from doing any of the following on its own behalf, and not as an agent of the department:

ATCP 17.04(6)(b)1. 1. Contacting registrants that it identifies from sources other than registrations under this chapter.

ATCP 17.04(6)(b)2. 2. Soliciting and receiving information voluntarily provided by registrants that the contract agent identifies under subd. 1. The contract agent shall disclose, to each registrant from whom it requests information, that the information is not required by state law and is not being collected on behalf of the department.

ATCP 17.04(6)(c) (c) A contract agent who collects information under par. (b) shall keep that information separate from any confidential information that the contract agent keeps on behalf of the department.

ATCP 17.04(7) (7) Prohibited practices. A contract agent may not do any of the following:

ATCP 17.04(7)(a) (a) Under color of its agency contract with the department, and without the department’s written authorization, ask a registrant for permission to use or release confidential information.

ATCP 17.04(7)(b) (b) Represent, directly or by implication, that it is acting within its authority as the department’s contract agent unless that representation is true.

ATCP 17.04(8) (8) Ethics.

ATCP 17.04(8)(a) (a) A contract agent shall avoid any conflict of interest that may affect the integrity of the livestock premises registration program under this chapter, or the contract agent’s faithful performance of its obligations. The contract agent shall disclose to the department any actual or potential conflict of interest.

ATCP 17.04(8)(b) (b) A contract agent may not use for private financial or business advantage confidential information that it acquires under this chapter as an agent of the department.

ATCP 17.04(8)(c) (c) No individual having access to confidential information under this chapter may use that information for personal financial advantage or for the financial advantage of any person or organization with which he or she is affiliated.

ATCP 17.04(9) (9) Contract termination.

ATCP 17.04(9)(a) (a) The department may terminate a contract under sub. (1) at any time, with or without cause.

ATCP 17.04(9)(b) (b) If a contract under sub. (1) expires or is terminated by either party, the contract agent shall promptly return to the department all of the information that the contract agent holds on behalf of the department.

ATCP 17.04 History History: CR 04-103: cr. Register September 2005 No. 597, eff. 10-1-05; CR 18-018: am. (3) Register July 2019 No. 763, eff. 8-1-19.

ATCP 17.05 ATCP 17.05 Receiving livestock from unregistered locations.

ATCP 17.05(1) (1) Prohibition. Except as provided in sub. (2), no person may receive, for purposes of sale, exhibition, or slaughter, livestock from a location that is required to be registered under s. ATCP 17.02 or an equivalent law in another state, unless that location is registered according to this chapter or an equivalent law in the other state.

ATCP 17.05(2) (2) Application contingent upon reciprocity. Subsection (1) does not apply to any person, or to any receipt of livestock for a purpose identified in sub. (1), unless the United States department of agriculture or all of the states surrounding Wisconsin prohibit persons in those surrounding states from receiving livestock for that purpose from unregistered locations in this state that are required to be registered under s. ATCP 17.02. The surrounding states are Minnesota, Iowa, Illinois, and Michigan.

ATCP 17.05 History History: CR 04-103: cr. Register September 2005 No. 597, eff. 10-1-05.