ATCP 48.49 NoteThe county treasurer’s cost to provide services to the county drainage board.
ATCP 48.49 NoteThe county zoning administrator’s cost to maintain and provide copies of drainage board records under s. 88.19, Stats. ATCP 48.49(2)(a)(a) A county drainage board may appoint its own treasurer, pursuant to s. 88.18 (3), Stats. The appointed county drainage board treasurer shall act as the deputy of the county treasurer. The county drainage board may assign any or all of the county treasurer’s duties under this section to the appointed county drainage board treasurer. The appointed treasurer shall comply with applicable requirements under ch. 88, Stats., and this chapter. ATCP 48.49(2)(b)(b) If the county drainage board appoints its own treasurer under par. (a), the county drainage board shall: ATCP 48.49(2)(b)1.1. Specify the treasurer’s compensation in writing. Compensation shall include reimbursement of the treasurer’s actual and reasonable expenses, as provided in s. 88.18 (3), Stats. ATCP 48.49(2)(c)(c) If the county drainage board appoints its own treasurer under par. (a), the county drainage board shall enter into a written agreement with the appointed treasurer and the county treasurer. The agreement shall do all the following: ATCP 48.49(2)(c)1.1. Identify the duties under this section that the county drainage board has assigned to the appointed treasurer. ATCP 48.49(2)(c)2.2. Identify the duties under this section, if any, that remain with the county treasurer. ATCP 48.49(3)(3) County drainage board accounts. The county drainage board treasurer shall keep county drainage board accounts. The treasurer shall keep a separate account for each drainage district as required by s. 88.18 (2), Stats. ATCP 48.49(4)(4) Deposits. The county drainage board treasurer shall deposit, to the appropriate account under sub. (3), all funds received on behalf of the county drainage board or any drainage district. A person who receives funds on behalf of the county drainage board or any drainage district shall promptly deposit those funds with the county drainage board treasurer. ATCP 48.49(5)(a)(a) No person may make any expenditure from a county drainage board account under sub. (3) unless the county drainage board treasurer signs the draft or specifically approves the expenditure in writing. ATCP 48.49(5)(b)(b) Except as provided in sub. (1) (b), the county drainage board treasurer may not approve any expenditure under par. (a) unless the county drainage board also approves that expenditure in writing. ATCP 48.49(6)(6) Accounting records. A county drainage board treasurer shall keep complete and accurate accounting records, and supporting documentation, for county drainage board accounts under sub. (3). Records shall include all the following: ATCP 48.49(6)(a)(a) Records of all receipts and deposits. Records shall identify the nature, source and amount of each receipt and deposit. ATCP 48.49(6)(b)(b) Records of all expenditure authorizations and expenditures. Records shall identify the purpose, recipient and amount of each expenditure. ATCP 48.49(6)(d)(d) Monthly and annual reports summarizing revenues and expenditures during the reporting period, and account balances at the beginning and end of the reporting period. ATCP 48.49(7)(7) Records kept as public records. The county drainage board treasurer shall do all the following: ATCP 48.49(7)(a)(a) Keep the records under sub. (6) as county public records. Except as provided in ch. 88, Stats., or this chapter, the county drainage board treasurer shall treat the records as the county treasurer would treat comparable county accounting records for retention and disposal purposes. ATCP 48.49(7)(b)(b) Keep the records under sub. (6) in the office of the county treasurer, or in another place that the county treasurer approves in writing. ATCP 48.49(7)(c)(c) Make the records under sub. (6) available for public inspection and copying, as provided in subch. II of chapter 19, Stats. ATCP 48.49(8)(8) Control and audit. The county drainage board treasurer shall do all the following: ATCP 48.49(8)(a)(a) Exercise sound fiscal control over funds received, to prevent misappropriation or misdirection of funds. ATCP 48.49(8)(c)(c) File periodic accountings with the county drainage board, as requested by the board. ATCP 48.49(8)(d)(d) Make records and accounts available, upon request, for audit by the state of Wisconsin, the county drainage board or the county. ATCP 48.49 HistoryHistory: CR 01-004: cr. Register January 2002 No. 553, eff. 2-1-02. ATCP 48.50ATCP 48.50 Investigations. The department may investigate violations of this chapter. The department may conduct a preliminary investigation under s. 93.16, Stats., and may exercise its authority under ss. 93.14 and 93.15, Stats., in support of any investigation. Pursuant to ss. 88.13 and 93.08, Stats., the department or its agent may enter onto lands to inspect for compliance with this chapter. ATCP 48.50 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95. ATCP 48.52(1)(1) Authority. The department may, without prior notice or hearing, issue an order which does any of the following: ATCP 48.52(1)(a)(a) Prohibits the construction or modification of a district drain or corridor if the department finds that the construction or modification violates this chapter. An order under this paragraph shall specify the activity prohibited by the order, and shall specify why that activity violates this chapter. ATCP 48.52(1)(b)(b) Requires a county drainage board to file with the department a specific maintenance and repair plan for a drainage district. ATCP 48.52(1)(c)(c) Requires a county drainage board to file with the department a copy of any record or report required under this chapter. ATCP 48.52(1)(d)(d) Requires a county drainage board to comply with applicable requirements under this chapter. ATCP 48.52(2)(2) Who may issue. An order under sub. (1) may be issued by the administrator of the department’s division of agricultural resource management, or by a person designated in writing by that division administrator. ATCP 48.52(3)(3) Violations prohibited. No person may violate an order issued by the department under sub. (1). ATCP 48.52(4)(4) Form and contents. An order under sub. (1) shall be issued in writing, and shall include all of the following: ATCP 48.52(4)(c)(c) Notice that persons adversely affected by the order may request a hearing to contest the order, or to demonstrate compliance with conditions specified for withdrawal of the order. ATCP 48.52(5)(a)(a) An order under sub. (1) shall be served on the person to whom it is directed. An order may be served in person or by mail. If an order is directed to the county drainage board, the department shall serve the order on at least one member of the county drainage board. The department shall mail or deliver a copy of every order under sub. (1) to the county drainage board, regardless of whether the order is directed to the county drainage board. ATCP 48.52 NoteNote: Any person, including but not limited to the county sheriff, may personally serve an order on behalf of the department. If necessary, the department may prove service by means of an affidavit of mailing, a certified mail return receipt, or an affidavit of service.
ATCP 48.52(5)(b)(b) An order under sub. (1) takes effect immediately after it is served on the person to whom it is directed. ATCP 48.52(6)(6) Withdrawing or modifying the order. A person adversely affected by an order under sub. (1) may request the department to withdraw or modify the order. A request under this subsection shall specify the reasons justifying the request. A request may be made orally, but the department may require the requester to confirm the request in writing. The department may withdraw or modify the order as appropriate. ATCP 48.52 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95. ATCP 48.54(1)(1) Request for hearing. A person adversely affected by an order under s. ATCP 48.52 may request a hearing before the department to contest the order. A request may be made orally, but the department may require the requester to confirm the request in writing. A request for hearing does not automatically stay an order issued under s. ATCP 48.52. ATCP 48.54(2)(a)(a) The department shall hold an informal hearing as soon as reasonably possible after it receives an oral or written hearing request under sub. (1), but not more than 10 days after it receives the request, unless the requester agrees to a later date for an informal hearing. ATCP 48.54(2)(b)(b) The person presiding at an informal hearing under par. (a) shall be a department employee or official who was not personally involved in the investigation or decision to issue the order under s. ATCP 48.52, and who is authorized to withdraw or modify the order as necessary. The informal hearing shall be held by telephone or at a location determined by the department. ATCP 48.54(2)(c)(c) Within 2 business days after the conclusion of the informal hearing, the presiding officer under par. (b) shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of the memorandum shall be provided to the person requesting the hearing. The memorandum shall include a notice of a person’s right to request a formal contested case hearing under sub. (3). ATCP 48.54(3)(3) Formal hearing. If a contest related to an order under s. ATCP 48.52 is not resolved after an informal hearing under sub. (2), the person adversely affected by the department’s order may request a full contested case hearing on the order. The contested case proceeding shall comply with ch. 227, Stats., and ch. ATCP 1. ATCP 48.54 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95. ATCP 48.56ATCP 48.56 Variances. The department may authorize a variance from any standard or requirement under this chapter if the department finds that the variance is consistent with the objectives of this chapter. A variance shall be issued in writing. A variance may be issued by the administrator of the department’s division of agricultural resource management, or by a person designated in writing by that division administrator. The department may not grant variances from statutory requirements. ATCP 48.56 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95. ATCP 48.60ATCP 48.60 Grants to county drainage boards. ATCP 48.60(1)(1) General. From the appropriation under s. 20.115 (7) (d), Stats., the department may award grants to county drainage boards to help those boards comply with ch. 88, Stats., and this chapter. The department shall award grants in each state fiscal year, subject to available funding. A grant may reimburse a county drainage board for up to 60 percent of the drainage board’s costs to do any of the following: ATCP 48.60 NoteNote: Section 20.115 (7) (d), Stats., was repealed by 2007 Wis. Act 20, and any future grants are contingent on a new appropriation. ATCP 48.60 NoteNote: A grant under par. (c) may be used only for maintenance plans, not actual maintenance costs.
ATCP 48.60(1)(d)(d) Other eligible projects that the department identifies in its annual request for grant proposals under sub. (2). ATCP 48.60(2)(2) Annual request for grant proposals. Before the department awards any grant under sub. (1) in any state fiscal year, the department shall publish an annual request for grant proposals and shall provide a copy to every county drainage board. The annual request for grant proposals shall include all the following: ATCP 48.60(2)(a)(a) The amount of grant funds available for distribution in that state fiscal year ending June 30. ATCP 48.60(2)(d)(d) The method that the department will use to allocate funds between competing grant proposals of equal priority, if it cannot fully fund all of those proposals. ATCP 48.60 NoteNote: For example, the department may fund equally rated grant proposals on a “first come, first served” basis.
ATCP 48.60(2)(e)(e) General grant terms and conditions that may affect grant applications. ATCP 48.60 NoteNote: Copies of a grant application form may be obtained from the department at its offices at 2811 Agriculture Drive, Post Office Box 8911, Madison, WI 53708-8911.
ATCP 48.60(3)(3) Grant applications. A county drainage board may apply for a grant under sub. (1). The county drainage board shall make the grant application on a form that the department provides under sub. (2) (h). The grant application shall be broken down by drainage district, and shall include all the following: ATCP 48.60(3)(a)(a) A description of each drainage district project for which the county drainage board seeks a grant. ATCP 48.60(3)(d)(d) Competitive bidding or other procedures that the county drainage board will use to control project costs. ATCP 48.60 NoteNote: A county drainage board is not required to select the low bidder for a funded project. But the department may make its grant award and payments based on the low bid cost.
