ATCP 50.46 Note
The rating system under par. (a) is designed to be reasonably consistent with the system used by NRCS under 7 CFR 610.1
. Appendix E is similar to the NRCS job approval delegation form. It identifies the controlling factors used to determine the relative difficulty of job classes, as well as the NRCS standard that applies. A person who is certified at a job level under par. (a) may certify his or her own work at that level for funding purposes under this chapter.
If NRCS has previously rated an applicant under 7 CFR 610.1
, the department's field engineer shall give that applicant the same initial rating. Within 18 months after the field engineer makes the initial rating, the department's field engineer shall review that rating under sub. (7)
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 Note
Note: 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.
Whenever the department's field engineer certifies an agricultural engineering practitioner, the field engineer shall issue a written certification in the form shown in Appendix E. The certification becomes effective when signed by all of the following:
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.
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)
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 agricultural engineering practitioner requests that review.
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.
A field engineer shall document, in writing, his or her 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.
An affected person may appeal a field engineer's action under sub. (5)
. The affected person shall file his or her 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.
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.
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 his or her 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)
If an applicant disputes the reviewer's decision under par. (c)
, the applicant may file a request with the department under s. 227.42
, Stats., for a contested case hearing under ch. 227, Stats.
, and ch. ATCP 1
The department may, for cause, suspend or revoke a certification under this section. The department may summarily suspend a certification, without prior notice or hearing, if the department makes a written finding that the summary suspension is necessary to prevent an imminent threat to the public health, safety or welfare.
An order suspending or revoking a certification shall be signed by the secretary or the secretary's designee. Proceedings to suspend or revoke a certificate shall be conducted according to ch. 227, Stats.
, and ch. ATCP 1
The department shall notify all of the following persons of any suspension or revocation under this subsection:
Any land conservation committee or state agency that employs the individual whose certification is suspended or revoked.
State and federal agencies that provide cost-share funds for agricultural engineering practices.
The reduction of a certification rating under sub. (7)
does not constitute a suspension or revocation under this subsection.
(10) Certification guidelines.
The department may publish guidelines for the certification of agricultural engineering practitioners under this section. The guidelines may include suggested courses, training activities, and types of knowledge and experience that may help applicants qualify for certification at specified rating levels.
(11) Signature and date required.
Whenever a person certified under this section approves or submits for approval any document related to the design or construction of an agricultural engineering practice under sub. (2)
, that person shall sign and date that document.
(12) Scope of certification.
No certified agricultural engineering practitioner may, for funding purposes under this chapter or s. 281.65
, Stats., certify any matter under sub. (5) (a)
in a job class more complex than that for which the practitioner is authorized under sub. (5) (a)
ATCP 50.46 History
History: CR 01-090
: cr. Register September 2002 No. 561
, eff. 10-1-02; CR 08-075
: r. and recr. (2) Register April 2009 No. 640
, eff. 5-1-09.
Nutrient management planners. ATCP 50.48(1)(1)
To be qualified under ss. 281.65
, Stats., and this chapter, a nutrient management planner shall be knowledgeable and competent in all of the following areas:
Crediting manure, residual legume nitrogen and other nutrient sources on a field-by-field basis.
(2) Planners presumptively qualified.
An individual is considered a qualified nutrient planner under sub. (1)
, without any action by the department, if all of the following apply:
Recognized as a certified professional crop consultant by the national alliance of independent crop consultants.
Recognized as a certified crop advisor by the American society of agronomy, Wisconsin certified crop advisors board.
Registered as a soil scientist by the soil science society of America or as a professional agronomist by the American society of agronomy.
The holder of other credentials that the department deems equivalent to those specified under subds. 1.
A landowner is presumptively qualified to prepare a nutrient management plan for his or her farm, but not for others, if the landowner completes a department-approved training course and the course instructor approves the landowner's first annual plan. The landowner shall complete a department-approved training course at least once every 4 years to maintain his or her presumptive qualification.
The department has not disqualified the nutrient management planner under sub. (4)
ATCP 50.48 Note
Note: The department does not affirmatively certify nutrient management planners. A nutrient management planner who meets all of the requirements under sub. (2) may represent himself or herself as a qualified nutrient planner, without any certificate from the department. A person qualified only to prepare his or her own nutrient management plan under sub. (2) (a) 4. may not misrepresent that he or she is qualified to prepare nutrient management plans for others.
The department may issue a written notice to an individual, declaring that the individual is not a qualified nutrient management planner under this section. The notice shall specify the basis for the department's declaration. The department may disqualify a nutrient management planner if the planner violates sub. (3)
or lacks qualifications required under sub. (1)
ATCP 50.48 Note
A person who is named in a disqualification notice under sub. (4) may request a contested case hearing under s. 227.42
, Stats., and ch. ATCP 1
(5) Misrepresenting qualification.
No person may do any of the following, directly or by implication:
Misrepresent that an individual is a qualified nutrient management planner under this section.
Represent, contrary to a valid written notice under sub. (4)
, that an individual is a qualified nutrient management planner under this section.
Misrepresent that a person is qualified to perform nutrient management plans for others, if that is not the case.
A qualified nutrient management planner shall keep copies of all nutrient management plans that the planner prepares or approves for funding under s. 281.65
, Stats., or this chapter. The planner shall retain the records for at least 4 years, and shall make them available for inspection and copying by the department upon request.
ATCP 50.48 History
History: CR 01-090
: cr. Register September 2002 No. 561
, eff. 10-1-02; CR 05-013
: am. (2) (a) 3. Register May 2007 No. 617
, eff. 6-1-07.
Soil and manure testing laboratories. ATCP 50.50(1)(1)
A nutrient management plan shall be based on soil tests conducted at the University of Wisconsin or another soil testing laboratory certified by the department. The department may certify a laboratory according to this section.
ATCP 50.50 Note
Note: Subsection (1) does not prohibit an uncertified laboratory from performing soil tests. However, a nutrient management plan does not comply with this chapter if it is based on soil tests performed by an uncertified laboratory.
(2) Applying for certification.
A laboratory operator may apply to the department for certification under sub. (1)
. An operator shall submit a separate application, using the form shown in Appendix A, for each laboratory for which the operator seeks certification. The application shall include all of the following:
The name and telephone number of the individual who is responsible for on-site administration of the laboratory.
The soil tests, test methods, and nitrogen estimation methods used by the laboratory. The laboratory shall be capable of performing the following tests according to methods prescribed by the University of Wisconsin-Extension in Nutrient application guidelines for field, vegetable, and fruit crops in Wisconsin, UWEX Publication A2809 (2006), and by the University of Wisconsin-Madison soil science department in Wisconsin Procedures for Soil Testing, Plant Analysis and Feed & Forage Analysis, Soil Fertility Series (December, 2007), and shall be capable of estimating nitrogen levels based on those tests:
Documentation showing that the laboratory is qualified and equipped to perform accurate soil tests and nitrogen estimates under par. (d)
License conditions specified by the department, including compliance with subs. (4)
(3) Action on certification request.
The department shall grant or deny a certification request under sub. (2)
within 30 days after the department receives a complete request. The department may grant a certification request based on information provided under sub. (2)
. A certification is nontransferable. A certification remains in effect until withdrawn by the department.
(4) Nutrient recommendations.
If a certified laboratory recommends nutrient applications to a landowner that exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin Extension in Soil Test Recommendations for Field, Vegetable and Fruit Crops, UWEX publication A-2809 (1998), the laboratory shall make those recommendations in writing and shall disclose all of the following in the same document:
The nutrient application amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin-Extension. The laboratory shall disclose these amounts so the landowner can easily compare them with the laboratory's recommended amounts.
The following statement, clearly and conspicuously printed adjacent to the laboratory's recommended nutrient applications:
Our recommended nutrient applications exceed the amounts required to achieve applicable crop fertility levels recommended by the University of Wisconsin. The amounts required to achieve the UW's recommended crop fertility levels are shown for comparison. Excessive nutrient applications may increase your costs, and may cause surface water and groundwater pollution. If you apply nutrients at the rates we recommend, you will not comply with state soil and water conservation standards. You may contact your county land conservation committee for more information.
ATCP 50.50 Note
Note: Appendix B contains a convenient summary of UWEX publication A2809, for selected crops. You may obtain the complete publication and the summary from your county extension agent. The complete publication is also on file with the department and the legislative reference bureau. For further information, see Appendix G.
A certified soil testing laboratory shall keep records of all of the following for at least 4 years, and shall make those records available for inspection and copying by the department upon request:
Copies of all nutrient application recommendations made by the laboratory.