ATCP 1.05(3)(e)(e) A concise statement of facts constituting the alleged violations, or forming the basis for the complaint. ATCP 1.05(3)(f)(f) A concise statement describing the order requested of the secretary, designee, or final decisionmaker, and the department’s authority to issue that order. ATCP 1.05(3)(g)(g) If the complainant seeks a summary special order, the additional material required under sub. (5) (b). 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