ATCP 74.02 HistoryHistory: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (3) made under s. 35.17, Stats., Register February 2018 No. 746.

ATCP 74.04(1)(1) Agent proposed program plan. To become a new agent, a local health department shall submit a written proposed program plan to the department, in a form specified by the department, describing the proposed agent program. The proposed program plan shall describe all of the following:

ATCP 74.04(1)(b)(b) Staffing and budget plans for issuing licenses, making investigations and inspections, providing technical assistance, and enforcing applicable state statutes and rules and local ordinances.

ATCP 74.04(1)(c)(c) A list of the licenses that may be issued by the agent. A local ordinance may combine and expand license categories, so long as those categories include all of the types of establishments that shall be licensed under the agent contract.

ATCP 74.04(1)(d)(d) A list of the fees to be charged by the agent to licensees. A local ordinance may establish local license fees that differ from fees charged under chs. ATCP 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix, for licenses issued by the department. All license fees shall be based on the agent’s reasonable program costs, pursuant to s. 97.41 (4), Stats.

ATCP 74.04(1)(e)(e) A description of the inspection and enforcement program to be implemented by the agent including a copy of applicable village, city, or county ordinances or regulations.

ATCP 74.04(1)(f)(f) Procedures to ensure cooperation between the agent and appropriate federal, state, local, and tribal agencies in the event of a natural disaster or other emergency.

ATCP 74.04(1)(g)(g) Procedures for investigating complaints concerning licensees under the contract and unlicensed activity that may require licensing and inspection.

ATCP 74.04(1)(h)(h) Procedures for notifying the department when the agent receives information or a complaint concerning an establishment that may need to be licensed or inspected within the agent’s geographical area but under the department’s jurisdiction.

ATCP 74.04(1)(i)(i) Procedures for investigating reports of suspected foodborne illness, including cooperation with the department.

ATCP 74.04(1)(j)(j) Procedures to ensure the time period, within which the agent will make a determination on an application for a license, does not exceed 30 days following receipt of a complete application.

ATCP 74.04(1)(k)(k) Any other information that the department may reasonably require for its review of the agent’s program plan.

ATCP 74.04(2)(2) Local health department outreach to affected license holders. The local health department shall provide opportunities for affected licensees to review the proposed program plan and provide comments and feedback to the local health agency and the department.

ATCP 74.04(3)(3) Department action on proposed plan. The department shall review the proposed program plan and accept or deny the application, pursuant to sub. (1), within 60 days after the department receives it.

ATCP 74.04 HistoryHistory: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (1) (d) made under s. 35.17, Stats., Register February 2018 No. 746.

ATCP 74.06(1)(1) If the department accepts the proposed program plan from the local health department, the department shall prepare a contract to be signed by both parties, whereby the agent agrees to comply with this chapter and chs. ATCP 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix, and has met all the conditions in the accepted program plan, including enactment of local ordinances that adopt the department’s rules, by reference, or are at least as stringent and do not conflict with the department’s rules.

ATCP 74.06(2)(2) The contract shall be in effect for three fiscal years unless otherwise specified, and shall remain in effect during the three fiscal years unless specifically terminated, revoked, or suspended, as provided in the contract. The department shall issue contracts for future contract periods to the agent by January 1 of the last fiscal year of the current contract. The agent shall commit to continue as the department’s agent for the future contract period, by signing and returning the contract by March 1 of the last fiscal year of the current contract.

ATCP 74.06(3)(3) Either party may terminate the contract by providing written notice of termination to the other party at least 90 days before the termination is to take effect.

ATCP 74.06(4)(4) When the contract is signed by both parties, the local health department shall assume authority and the responsibility to enforce the provisions of ss. 97.30, 97.617, and 97.67, Stats., and chs. ATCP 72, 73, 74, 75, 76, 78, and 79 and ch. ATCP 75 Appendix. The agent program shall issue licenses and perform all inspections necessary to enforce these statutes and rules.

ATCP 74.06(5)(5) Upon execution of the contract, the department shall discontinue all licensing and enforcement activities in the agent’s jurisdiction, for the period of time the contract is in effect, pursuant to ss. 97.30 and 97.65, Stats.

ATCP 74.06(6)(6) Notwithstanding subs. (4) and (5), the department may act, pursuant to ss. 97.41 (8) and 97.615 (2) (h), Stats., to take appropriate inspection or enforcement action or both if the department has determined that the agent program has not acted expeditiously or appropriately to take such action.

ATCP 74.06(7)(7) Whenever feasible, the department shall provide notice to an agent program at least one fiscal year before making any changes to department policies and procedures not specified in the contract that would adversely affect the budget of an agent program.

ATCP 74.06 HistoryHistory: CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (1), (4) made under s. 35.17, Stats., Register February 2018 No. 746.

ATCP 74.08(1)(1) The agent program shall have sufficient employees to implement the program according to the terms of the agent program’s contract with the department.