ATCP 50.46(4)(a)(a) To evaluate an applicant under sub. (3), the department’s field engineer shall complete a department certification form. The field engineer shall rate the applicant under sub. (5) based on the applicant’s demonstrated knowledge, training, experience, and record of appropriately seeking assistance. Evaluations shall be fair and consistent.

ATCP 50.46(4)(b)(b) To evaluate an applicant, the department’s field engineer may conduct interviews, perform inspections, and require answers and documentation from the applicant. The field engineer may ask engineering staff from NRCS to help evaluate an applicant.

ATCP 50.46(5)(a)(a) For each type of agricultural or other conservation engineering practice identified in the required certification form, the department’s field engineer shall identify the most complex of the 5 job classes in the practice for which the applicant is authorized to do each of the following:

ATCP 50.46(5)(a)2.2. Certify that design specifications for jobs in that class comply with those identified in subch. VIII, authorized by the department under s. ATCP 50.40 (3), allowed by s. 281.65, Stats., or approved and published, as part of the NRCS field office technical guide or as a formal technical standard by the DNR.

ATCP 50.46(5)(c)(c) In cases where department field engineers may be required to provide a job certification approval level at a level higher than their own, they should consult with a person who has appropriate certification levels in the areas being rated. A person who is certified at a job level under par. (a) may certify their own work at that level for any purpose including funding authorized under this chapter.

ATCP 50.46(6)(a)(a) The department’s field engineer shall act on a certification application under sub. (3) within 30 days after the field engineer receives that application, provided that the applicant promptly submits relevant information and documentation requested by the field engineer.

ATCP 50.46 NoteNote: When recertifying an applicant who was previously certified by the department or NRCS, the department’s field engineer may raise one or more rating levels, lower one or more rating levels, or reaffirm one or more rating levels.

ATCP 50.46(6)(b)(b) Whenever the department’s field engineer certifies a conservation engineering practitioner, the field engineer shall issue a written certification on the department’s certification form. The certification becomes effective when signed by all of the following:

ATCP 50.46(6)(c)(c) Whenever the department’s field engineer denies a request under sub. (3) for a specific certification rating, the field engineer shall issue the denial in writing and shall specify the reasons for the denial.

ATCP 50.46(6)(d)(d) The department’s field engineer shall retain a copy of each certification under par. (b), each denial under par. (c), and any other documentation received or compiled in connection with an application under sub. (3).

ATCP 50.46(7)(a)(a) A department field engineer shall review each certification rating under sub. (5) at least once every 3 years, and may review a rating at any time. A field engineer shall review a rating whenever a certified conservation engineering practitioner requests that review.

ATCP 50.46(7)(b)(b) Based on a review under par. (a), a department field engineer shall issue a new certification rating which reaffirms or modifies the prior rating under sub. (5). The field engineer shall provide a copy of each new rating to the person rated. The field engineer may not reduce a rating except for good cause.

ATCP 50.46(7)(c)(c) A field engineer shall document, in writing, the field engineer’s reasons for reducing a certification rating under sub. (5), or for refusing to make a requested rating change. The field engineer shall provide that documentation to the person rated, and to that person’s supervisor if any.

ATCP 50.46(8)(a)(a) An affected person may appeal a field engineer’s action under sub. (5), (6) or (7). The affected person shall file that person’s appeal in writing, with the field engineer, within 10 business days after the applicant receives notice of the field engineer’s action. The appeal shall identify the specific matters in dispute and the specific basis for the appeal.

ATCP 50.46(8)(b)(b) Within 15 business days after the department’s field engineer receives an appeal under par. (a), the field engineer shall hold an informal meeting with the appellant. The meeting may include a representative of the county land conservation committee. The field engineer may hold the informal meeting in person or by telephone.

ATCP 50.46(8)(c)(c) If an appeal cannot be resolved after an informal meeting under par. (b), the field engineer shall forward the appeal to a department reviewer designated by the administrator of the department’s agricultural resource management division. The reviewer shall hold an informal hearing on the appeal within 10 business days after the reviewer receives the appeal, unless the applicant agrees to a later date for the informal hearing. The reviewer shall hold the informal hearing by telephone or at a location determined by the reviewer. Within 10 business days after the conclusion of the informal hearing, the reviewer shall issue a written decision which affirms, reverses, or modifies the field engineer’s action. The reviewer shall provide a copy of the reviewer’s written decision to the applicant. The decision shall include a notice of the applicant’s right to request a contested case hearing under par. (d).