ATCP 10.89(6) (6) Review of quarantine. A person adversely affected by a quarantine order under sub. (1) may, within 30 days after the quarantine order is served, request a hearing before the department to review the quarantine. The department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving a request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing under ch. 227, Stats., and ch. ATCP 1. A request for hearing does not stay a quarantine order.

ATCP 10.89 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: cr. (1) (a) 3., renum. (2) (intro.) to (2) (a) (intro.) and, as renumbered, am. (2) (a) (intro.), cr. (2) (b), am. (3), renum. (4) (intro.) to (4) (a) (intro.) and, as renumbered, am. (4) (a) (intro.), 6., cr. (4) (b) Register May 2020 No. 773, eff. 6-1-20; correction in numbering of (4) made under s. 13.92 (4) (b) 1., Stats., Register May 2020 No.773.

ATCP 10.91 ATCP 10.91 Destruction or removal of animals illegally moved.

ATCP 10.91(1) (1) Summary order. The department may, without prior notice or hearing, order the destruction of, the return to premises of origin, or removal from this state of animals moved into or within this state if any of the following apply:

ATCP 10.91(1)(a) (a) The owner or custodian of the animals fails to produce a valid certificate of veterinary inspection, if a certificate is required under this chapter or ch. ATCP 12.

ATCP 10.91(1)(b) (b) The animals are imported in violation of this chapter or ch. ATCP 12, or in violation of any condition specified in an import permit under this chapter.

ATCP 10.91(2) (2) Service of order. An order under sub. (1) shall be served upon a person having custody or control of the animals affected by the order. The order may be served in person or by certified mail. Service may be proved by certificate of personal service or by certified mail return receipt.

ATCP 10.91(3) (3) Contents of order. An order under sub. (1) shall contain all of the following information:

ATCP 10.91(3)(a) (a) The name and address of the person having custody or control of the animals, if known.

ATCP 10.91(3)(b) (b) A description of the animals affected by the order.

ATCP 10.91(3)(c) (c) The reason or justification for the order.

ATCP 10.91(3)(d) (d) A reasonable deadline for compliance with the order.

ATCP 10.91(3)(e) (e) Notice that persons adversely affected by the order may request a hearing to review the order.

ATCP 10.91(4) (4) Review of order. A person adversely affected by an order under sub. (1) may, within 30 days after receiving the order, request a hearing before the department to review the order. If a hearing is requested, the department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving the request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing before the department under ch. 227, Stats. A request for hearing under this subsection does not postpone the deadline for compliance with the order unless the deadline is postponed by further order of the department.

ATCP 10.91 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (title) and (1) (intro.) Register November 2008 No. 635, eff. 12-1-08; CR 15-092: am. (1) (intro.) Register July 2016 No. 727, eff. 10-1-16; CR 19-085: am. (2) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.92 ATCP 10.92 Prohibited conduct. No person may do any of the following:

ATCP 10.92(1) (1) Violate this chapter or ch. ATCP 12, or any order issued under this chapter or ch. ATCP 12.

ATCP 10.92(2) (2) Falsify any information filed with the department under this chapter, including any information contained in an application for a license, permit, or registration.

ATCP 10.92(3) (3) Misrepresent to any person the age, identity, origin, or disease status of any animal, or of the herd from which an animal originates.

ATCP 10.92(4) (4) Falsify, remove, alter, or tamper with any official identification or official back tag.

ATCP 10.92(5) (5) Fail or refuse to permit reasonable department access to premises or inspection of any of the following:

ATCP 10.92(5)(a) (a) Animals, including animals in transit.

ATCP 10.92(5)(b) (b) Relevant records related to the health and movement of animals, health or shipping documents related to animals in transit, and any other records required under this chapter.

ATCP 10.92(6) (6) Obstruct, interfere with, or assault a department employee or agent engaged in the performance of his or her official duties.

ATCP 10.92(7) (7) Knowingly make any false or misleading statements to the department related to the ownership, identification, age, vaccination, disease testing, origin, health status, sale, or movement of animals, or related to other matters relevant to the administration of this chapter or ch. ATCP 12.

ATCP 10.92(8) (8) Misrepresent the identity or interest of any person engaged in the purchase, sale, lease, exchange, or transportation of animals.

ATCP 10.92(9) (9) Misrepresent the origin, destination, or contents of any shipment of animals.

ATCP 10.92(10) (10) Cause or permit a susceptible healthy animal to commingle with a diseased animal while in transit, unless the entire load of animals is shipped directly to slaughter or the commingling is authorized by the department.

ATCP 10.92(11) (11) Cause or permit the commingling of different livestock species, other than sheep and goats or different species of fish, poultry, South American camelids, or ratites, during transit.