ATCP 74.08(7)(7)The agent standard shall perform standardization and maintenance exercises with other sanitarians in their jurisdiction, using procedures specified by the department.
ATCP 74.08(8)(8)The agent is required to send at least one sanitarian or registered sanitarian to attend training provided by the department.
ATCP 74.08(9)(9)An employee of the agent shall participate on department rulemaking and policy advisory committees when requested.
ATCP 74.08(10)(10)The agent may not permit an employee to conduct an inspection in a situation in which the employee, a member of his or her family, or an organization with which the employee is associated or has a financial interest or where the employee’s relationship with any person at the inspected facility could cause the employee not to be able to conduct an objective, unbiased inspection.
ATCP 74.08(11)(11)The agent program is solely responsible for all employment-related issues involving the persons it employs in the program and for the actions or omissions of the agent program’s employees, except as otherwise provided by law.
ATCP 74.08(12)(12)Upon the agent’s request, the department shall provide technical assistance and training to staff.
ATCP 74.08(13)(13)The agent shall report to the department in writing any change in the assignment of a supervisor of sanitarians and any change in the organization of the staff including authority line changes within 10 days after the date on which it takes place. For those agents employing one or two sanitarians, the agent shall also report any change in assignment of inspection staff who are providing services under the contract.
ATCP 74.08 HistoryHistory: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (3), (5) made under s. 35.17, Stats., Register February 2018 No. 746.
ATCP 74.10ATCP 74.10Inspections.
ATCP 74.10(1)(1)Agent program sanitarians shall inspect all establishments covered in the contract for compliance with s. 97.30, Stats., subchs. III and IV of ch. 97, Stats., and chs. ATCP 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix.
ATCP 74.10(2)(2)The agent program shall follow standard inspection methods and procedures prescribed by the department.
ATCP 74.10(3)(3)Each fiscal year the agent shall conduct one routine inspection of each licensed establishment under its jurisdiction, except for vending machines and temporary retail food establishments. The agent may propose a different inspection frequency to the department which may only be implemented if approved by the department in writing.
ATCP 74.10(4)(4)The agent program shall collect food and water samples as necessary or as requested by the department.
ATCP 74.10(5)(5)The agent program shall perform a pre-licensing inspection of a license applicant’s establishment for compliance with all applicable ordinances, rules, and statutes. The pre-licensing inspection shall be conducted before the applicant is issued a license and conducts business.
ATCP 74.10(6)(6)The department may conduct inspections at an establishment in an agent program’s jurisdiction for all of the following purposes:
ATCP 74.10(6)(a)(a) Training or standardization of department staff or agent program staff.
ATCP 74.10(6)(b)(b) In response to an emergency.
ATCP 74.10(6)(c)(c) For monitoring and evaluating the agent program’s licensing, inspection, and enforcement program.
ATCP 74.10(6)(d)(d) At the request of the agent program.
ATCP 74.10(7)(7)Whenever feasible, the department shall notify the agent program of the department’s intent to inspect an establishment in the agent program’s jurisdiction.
ATCP 74.10 HistoryHistory: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (1) made under s. 35.17, Stats., Register February 2018 No. 746.
ATCP 74.12ATCP 74.12Complaint investigations.
ATCP 74.12(1)(1)An agent program shall investigate every complaint that it receives against any licensee under its jurisdiction. The agent shall prioritize and investigate complaints according to the procedures in this section and procedures adopted by the agent program under the contract with the department. The complaints shall be addressed in decreasing order of priority as follows:
ATCP 74.12(1)(a)(a) An allegation indicating a serious or imminent public health hazard is associated with a licensee or establishment under the agent program’s jurisdiction.
ATCP 74.12(1)(b)(b) An allegation indicating a potential public health problem, that is neither a serious or imminent public health hazard, is associated with a licensee or establishment under the agent program’s jurisdiction.
ATCP 74.12(1)(c)(c) An allegation of a violation, not indicating a public health hazard, associated with a licensee or establishment under the agent program’s jurisdiction.
ATCP 74.12(2)(2)Agent programs shall notify and consult with the department and other affected agencies having jurisdiction, as necessary, about complaints or foodborne or waterborne illnesses that may be of significant concern to those agencies. An agent program shall coordinate complaint investigations, as necessary, with other agencies having jurisdiction.
ATCP 74.12 HistoryHistory: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18.
ATCP 74.14ATCP 74.14Evaluation and training.