(2) Hearing on license action; general.
Except as provided in sub. (3)
, the department shall give a contractor notice and an opportunity for hearing before the department suspends, revokes, or imposes conditions on a license held by the contractor.
The department may, without prior notice or hearing, summarily suspend, revoke, or impose conditions on a license held by a contractor if the department finds that any of the conditions identified in s. 126.85 (2)
exist or otherwise finds that summary action is necessary to prevent a clear and imminent threat of harm to persons protected under this chapter.
A contractor who is the subject of a summary action under par. (a)
may, within 10 days after receiving notice of that action, request a hearing on the action. The department shall hold an informal hearing as soon as possible after receiving a hearing request, but not later than 10 days after receiving the hearing request, unless the contractor waives the informal hearing or agrees to hold it at a later date. If the matter is not resolved at the informal hearing, the department shall hold a contested case hearing under ch. 227
as soon as reasonably possible.
A request for hearing under par. (b)
does not automatically stay a summary action under par. (a)
. The department may stay a summary action pending hearing.
The department may petition the circuit court for an ex parte temporary restraining order, a temporary injunction, or a permanent injunction to prevent, restrain, or enjoin any person from violating this chapter, any rule promulgated under this chapter, or any order issued under this chapter. The department may seek this remedy in addition to any other penalty or remedy provided under this chapter.
A person who violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter is subject to a forfeiture of not less than $250 nor more than $5,000 for each violation.
A person who intentionally violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter may be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.
A person whose claim is allowed under s. 126.70
may bring an action against the contractor to recover the amount of the allowed claim, less any recovery amount that the department pays to the claimant under s. 126.71
. In any court action under this subsection, the claimant may recover costs including all reasonable attorney fees, notwithstanding s. 814.04 (1)
. This subsection does not limit any other legal cause of action that the claimant may have against the contractor.
A claim allowed under s. 126.70
has the same priority in an insolvency proceeding or creditor's action as a claim for wages, except as otherwise provided by federal law.
The department may bring an action in court to recover any unpaid amount that a contractor owes the department under this chapter, including any unpaid fund assessment or reimbursement.
History: 2001 a. 16
Modifying fund assessments. 126.88(1)(a)
Maintain an overall fund balance of at least $5,000,000, but not more than $22,000,000.
Maintain a combined fund balance attributable to grain dealers and grain warehouse keepers of at least $1,200,000, but not more than $7,000,000.
Maintain a fund balance attributable to milk contractors of at least $3,000,000, but not more than $12,000,000.
Maintain a fund balance attributable to vegetable contractors of at least $800,000, but not more than $3,000,000.
If the fund balance for a portion of the fund under sub. (1) (b)
falls below the minimum amount required for that portion of the fund, the department shall by rule modify the assessment rates for the type of contractor that contributes to that portion of the fund so that the assessment rates are adequate to reach and maintain the minimum balance within a reasonable time.
The department may use the procedure under s. 227.24
to promulgate a rule modifying an assessment under par. (a)
. In a rule promulgated under this paragraph, the department may not provide that the modification of an assessment takes effect before the beginning of the next license year. Notwithstanding s. 227.24 (1) (c)
, a rule promulgated under this paragraph may remain in effect for not more than 24 months. Notwithstanding s. 227.24 (1) (a)
, the department is not required to determine that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.
If a number used in or resulting from a calculation made to determine the amount of an assessment under s. 126.15
, or 126.60
, other than a number that appears in one of those sections, extends more than 6 decimal places to the right of the decimal point, a person making the calculation shall round the number to the nearest whole digit in the 6th decimal place to the right of the decimal point. The amount of an assessment may be rounded to the nearest whole dollar.
History: 2001 a. 16
Agricultural producer security council.
The agricultural producer security council shall advise the department on the administration and enforcement of this chapter. The council shall meet as often as the department considers necessary, but at least once annually. The department shall inform the council of fund balances and payments. The department shall consult with the council before acquiring any contingent financial backing under s. 126.06
and before modifying any license fee, license surcharge, or fund assessment under this chapter.
History: 2001 a. 16
; 2003 a. 38