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:
- See PDF for table PDF
- See PDF for table PDF
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)(b) Notwithstanding par. (a):
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)(5)Request for summary special order.
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(5)(b)4.4. A copy of the proposed 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 1.06Request 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