ATCP 79.07(3)(b)1.1. A temporary order shall take effect upon delivery of the order to the operator or responsible supervisor. Except as provided in par. (c), the temporary order shall remain in effect for 14 days from the date of its delivery, but a temporary order may be reissued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence. ATCP 79.07(3)(b)2.2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in subd. 1. has expired, whichever occurs first, unless as provided under par. (c), the department or its agent provides notice that an immediate danger to health or safety is present. If upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice. ATCP 79.07(3)(c)(c) Notice of findings upon analysis or examination. If the analysis or examination under sub. (1), shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under s. ATCP 79.09. The notice shall include a statement that the facility has a right to request a hearing under s. ATCP 79.09 within 15 days after issuance of the notice. ATCP 79.07(3)(d)(d) Failure to comply with temporary order; forfeitures and penalties. Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, under s. 97.65 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture under s. ATCP 79.09. ATCP 79.07(4)(a)(a) When required by the department, its agent, or this chapter, the operator and the department or its agent shall develop, on a form provided by the department, an action plan for compliance. The action plan shall include all of the following: ATCP 79.07(4)(b)(b) The department or its agent shall void the campground license under s. ATCP 79.05 (5) (b), if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan. ATCP 79.07 HistoryHistory: CR 15-001: cr. Register October 2015 No. 718, eff. 2-1-16; correction of numbering in (1) (a) made under s. 13.92 (4) (b) 1., Stats., Register October 2015 No. 718; renum. from DHS 178.07 Register June 2016 No. 726; correction in (1) (a) (intro.), 2., (b) 3., 4., (2) (b), (3) (intro.), (c), (d), (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (x) Register January 2020 No. 769, eff. 2-1-20; CR 18-019: am. (1) (b) 4., (2) (b) 1., (4) (b) Register January 2020 No. 769, eff. 2-1-20. ATCP 79.08ATCP 79.08 Suspension or revocation of license. The department may, after a hearing under s. ATCP 79.09, suspend or revoke a license for violation of s. 97.67, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under s. ATCP 79.09 (1). ATCP 79.09ATCP 79.09 Appeals of actions by the department. ATCP 79.09(1)(a)(a) Except as provided in sub. (2) or (3), a request for a hearing to contest the denial of a license, a voided license, suspension, revocation, forfeiture, or the issuance of an order under s. ATCP 79.07 (2) shall be submitted in writing to, and be received by, the department of administration’s division of hearings and appeals within 15 calendar days after the date of the department’s action. ATCP 79.09(1)(b)(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. ATCP 79.09(1)(c)(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals. ATCP 79.09(1)(d)(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division’s facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day. ATCP 79.09 NoteNote: Effective 7-1-16, pursuant to 2015 Wis. Act 55 and s. 227.43(1m), Stats., a request for hearing shall be submitted to the DATCP Secretary via e-mail at datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. ATCP 79.09(1)(e)(e) As a condition for requesting a hearing to appeal the voiding of a license, an applicant or operator shall comply with sub. (3). In an appeal concerning voiding a license, the burden is on the applicant or operator to show that all the applicable fees, late fees and processing charges have been paid. ATCP 79.09(2)(2) A request for hearing to contest a temporary order given by the department under s. ATCP 79.07 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the operator agree to a later date, the immediate danger to health is removed, the order is not contested or the operator and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s. 227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health: ATCP 79.09(2)(b)(b) Changes in or cessations of any operation or method of operation of the equipment or premises. ATCP 79.09 NoteNote: A request for hearing, under sub. (2), shall be submitted to the DATCP Secretary via e-mail at datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. The hearing may be conducted by the department secretary or designee. ATCP 79.09(3)(3) If the department voids a license for failure to pay fees under s. ATCP 79.05 (6), the operator shall submit, within 15 days after receipt of the notice of the department’s action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department. ATCP 79.09 HistoryHistory: CR 15-001: cr. Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.09 Register June 2016 No. 726; correction in (1) (a), (2) (intro.), (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (1) (a), (e), (3) Register January 2020 No. 769, eff. 2-1-20. ATCP 79.10ATCP 79.10 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the operator shall appeal enforcement action to the agent health department.