ATCP 156.16ATCP 156.16Misrepresentations. No person may do any of the following in connection with the sale of potatoes:
ATCP 156.16(1)(1)Represent the potatoes as Wisconsin graded seed potatoes unless the potatoes are graded, handled and accurately labeled according to this subchapter.
ATCP 156.16(2)(2)Misrepresent the grade of certified seed potatoes, or the basis for that grade.
ATCP 156.16 NoteNote: Section ATCP 156.16 is adopted under authority of s. 100.20(2), Stats. The department may prosecute fraudulent misrepresentations of grade pursuant to s. 100.20(6) or 100.26, Stats. A buyer who suffers a monetary loss because of a fraudulent misrepresentation of grade may bring a private court action for double damages, costs and attorney fees, pursuant to s. 100.20 (5), Stats.
ATCP 156.16 HistoryHistory: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.
ATCP 156.17ATCP 156.17Review of grading decisions.
ATCP 156.17(1)(1)Request. A person adversely affected by a department grading decision under this subchapter may make a written request for department review of that decision.
ATCP 156.17(2)(2)Meeting.
ATCP 156.17(2)(a)(a) If the department receives a written request under sub. (1), a department representative shall hold an informal meeting with the requester. The department shall hold the informal meeting within 30 days after it receives the written request, unless the requester agrees to a later meeting date. The meeting may be held in person or by telephone.
ATCP 156.17(2)(b)(b) At the informal meeting under par. (a), the department may explain the basis for its decision. A requester may also present information or arguments related to the decision.
ATCP 156.17(3)(3)Contested case. If a disputed matter under sub. (1) is not resolved after a meeting under sub. (2), the affected person may request a contested case hearing before the department, pursuant to ch. 227, Stats., and ch. ATCP 1. The person shall make the request under s. ATCP 1.06. The department shall grant or deny the hearing request as provided in s. ATCP 1.06 (3).
ATCP 156.17 HistoryHistory: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.