ATCP 161.45(2)(e)
(e) Additional project benefits for Wisconsin agriculture or tourism.
ATCP 161.45(2)(f)
(f) The management and technical qualifications of the grant applicant.
ATCP 161.45(2)(g)
(g) The qualifications of the persons who will carry out the project.
ATCP 161.45(2)(h)
(h) The financial capacity of the grant applicant to complete the project as proposed.
ATCP 161.45(2)(j)
(j) Whether the grant proposal adequately identifies the nature of project expenses to be reimbursed under the proposed grant, consistent with
s. ATCP 161.43 (1).
ATCP 161.45 History
History: EmR0804: cr. eff. 2-22-08;
CR 08-038: cr.
Register September 2008 No. 633, eff. 10-1-08.
ATCP 161.46(1)(1)
Contract signing. A grant contract under
s. ATCP 161.42 (5) may be signed by an authorized department official after the grant recipient signs the contract.
ATCP 161.46(2)
(2) Contract period. A grant contract under
s. ATCP 161.42 (5) takes effect when signed by an authorized department official under
sub. (1). The original term of a contract may be for not more than 2 years, but may be extended for up to a third year upon request. The contract term may extend beyond the state fiscal biennium in which funds for the contract are appropriated, provided that the department encumbers those contract funds and signs the contract in that biennium.
ATCP 161.46(3)
(3) Contract terms; general. A grant contract under
s. ATCP 161.42 (5) is subject to the terms and conditions in
s. ATCP 161.43, and other terms and conditions contained in the contract. A grant contract incorporates commitments made in the grant proposal, except as otherwise provided in the contract.
ATCP 161.46 Note
Note: DATCP will include, in every contract under s.
ATCP 161.42 (5), general terms and conditions required in state contracts under state law. The department may include other terms and conditions that it considers necessary.
ATCP 161.46(4)
(4) Payment terms. Every grant contract shall include payment terms and conditions, including a payment schedule if applicable.
ATCP 161.46 Note
Note: The department may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. The grant contract will describe payment terms and conditions. Payments are made on a reimbursement basis. The department may require a grant recipient to file progress reports and submit expense documentation as necessary to support grant payments. See s.
ATCP 161.43 (4).
ATCP 161.46 History
History: EmR0804: cr. eff. 2-22-08;
CR 08-038: cr.
Register September 2008 No. 633, eff. 10-1-08.
Subch. V of ch. ATCP 161 Note
Note: This subchapter implements ss.
93.07 (18) (b) 6. and
7., Stats.
ATCP 161.50
ATCP 161.50
Definitions. In this subchapter:
ATCP 161.50(1)
(1) "Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 161.50(2)
(2) "Economic development grant or loan" means a grant or loan awarded by the department pursuant to an economic development program.
ATCP 161.50(3)
(3) "Economic development program" has the meaning given in s.
93.07 (18) (a), Stats., and includes all of the following programs administered by the department:
ATCP 161.50 Note
Note: See also subchapter I of this chapter.
ATCP 161.50 Note
Note: See also subchapter IV of this chapter.
ATCP 161.50 Note
Note: Paragraph (c) includes federally funded revolving loan programs for value-added agricultural enterprises.
ATCP 161.50 Note
Note: Paragraph (d) includes the federally funded value-added dairy initiative.
ATCP 161.50(4)
(4) "Recipient" means a person who receives an economic development grant or loan.
ATCP 161.50(5)
(5) "Verified statement" means a written statement under
s. ATCP 161.54 (1), signed by an independent certified public accountant licensed or certified under ch.
442 and by the director or principal officer of the recipient, in which the signers attest to the accuracy of the statement.
ATCP 161.50 History
History: CR 10-120: cr.
Register August 2011 No. 668, eff. 9-1-11.
ATCP 161.52
ATCP 161.52
Grant or loan contract; general. The department may not release any economic development grant or loan funds, except pursuant to a contract with the recipient. The contract shall do all of the following:
ATCP 161.52(1)
(1) Clearly identify the recipient, and the amount of the grant or loan.
ATCP 161.52(2)
(2) Set forth the terms and conditions of the grant or loan, including all of the following as appropriate:
ATCP 161.52(2)(a)
(a) Actions required of the recipient, including contemplated uses of the grant or loan funds.
ATCP 161.52(2)(e)
(e) Documentation, reports and accounting required of the recipient.
ATCP 161.52(2)(f)
(f) Penalties or remedies that the department may seek in the event of a contract breach. The specification of penalties or remedies under this paragraph does not prevent the department from pursuing any other remedy to which the department may otherwise be entitled by law.
ATCP 161.52 History
History: CR 10-120: cr.
Register August 2011 No. 668, eff. 9-1-11; correction in sub. (2) made under s.
13.92 (4) (b) 1., Stats.,
Register August 2011 No. 668.
ATCP 161.54
ATCP 161.54
Large grants or loans; contract requirements. For each grant or loan of $100,000 or more, the contract under
s. ATCP 161.52 shall require the recipient to do all of the following:
ATCP 161.54(1)
(1) Submit a verified statement accounting for the use of all grant or loan funds received. The verified statement shall include all of the following:
ATCP 161.54(1)(b)
(b) A clear itemized description showing, by expenditure category, how all received funds were spent.
ATCP 161.54(1)(c)
(c) The nature and amount of any matching funds provided by the recipient, and the recipient's use of those matching funds.
ATCP 161.54(1)(d)
(d) Documentation of the deliverables provided by the recipient under the contract, and the dates on which the recipient provided those deliverables.
ATCP 161.54(2)
(2) Submit the verified statement under
sub. (1) in a form required by the department, within a time period specified by the department.
ATCP 161.54(3)
(3) Make available to the department, upon request, evidence documenting the accuracy of the verified statement under
sub. (1).
ATCP 161.54 History
History: CR 10-120: cr.
Register August 2011 No. 668, eff. 9-1-11.
ATCP 161.56
ATCP 161.56
Penalties and remedies for false statement or contract breach. ATCP 161.56(1)
(1) In addition to any other penalties or remedies provided by law, a contract under
s. ATCP 161.52 may provide for any of the following penalties or remedies if the grant or loan recipient submits false or misleading information to the department, or fails without reasonable justification to comply with the terms of the contract:
ATCP 161.56(1)(a)
(a) The department may demand and recover payments made under the contract.
ATCP 161.56(1)(b)
(b) The department may withhold payments to which the recipient would otherwise be entitled under the contract.
ATCP 161.56(1)(c)
(c) The department may demand and recover a forfeiture or other penalty specified in the contract. A recipient may not pay any forfeiture or penalty under this paragraph with funds received under another grant or loan from the department.
ATCP 161.56(1)(d)
(d) The department may disqualify the recipient from eligibility for future economic development grants or loans from the department.
ATCP 161.56 History
History: CR 10-120: cr.
Register August 2011 No. 668, eff. 9-1-11.
