ATCP 50.46(4)(a)(a) To evaluate an applicant under
sub. (3), the department's field engineer shall complete the certification form shown in Appendix E. The field engineer shall rate the applicant under
sub. (5) based on the applicant's demonstrated knowledge, training, experience and record of appropriately seeking assistance. Evaluations shall be fair and consistent.
ATCP 50.46(4)(b)
(b) To evaluate an applicant, the department's field engineer may conduct interviews, perform inspections, and require answers and documentation from the applicant. The field engineer may ask engineering staff from NRCS to help evaluate an applicant.
ATCP 50.46(5)(a)(a) For each type of agricultural engineering practice identified in Appendix E, the department's field engineer shall identify the most complex of the 5 job classes in Appendix E for which the applicant is authorized to do each of the following:
ATCP 50.46(5)(a)1.
1. Certify that design specifications for jobs in that class comply with standards under this chapter or s.
281.65, Stats.
ATCP 50.46(5)(a)2.
2. Certify that jobs in that class have been installed according to the approved design, and according to any applicable standards and specifications.
ATCP 50.46 Note
Note: The rating system under par. (a) is designed to be reasonably consistent with the system used by NRCS under
7 CFR 610.1 to
610.5. 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.
ATCP 50.46(5)(b)
(b) If NRCS has previously rated an applicant under
7 CFR 610.1 to
610.5, 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).
ATCP 50.46(6)(a)(a) 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.
ATCP 50.46(6)(b)
(b) 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:
ATCP 50.46(6)(c)
(c) 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.
ATCP 50.46(6)(d)
(d) 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).
ATCP 50.46(7)(a)(a) 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.
ATCP 50.46(7)(b)
(b) 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.
ATCP 50.46(7)(c)
(c) 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.
ATCP 50.46(8)(a)(a) An affected person may appeal a field engineer's action under
sub. (5),
(6) or
(7). 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.
ATCP 50.46(8)(b)
(b) 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.
ATCP 50.46(8)(c)
(c) 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).
ATCP 50.46(8)(d)
(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.
ATCP 50.46(9)(a)(a) 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.
ATCP 50.46(9)(b)
(b) 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.
ATCP 50.46(9)(c)
(c) The department shall notify all of the following persons of any suspension or revocation under this subsection:
ATCP 50.46(9)(c)1.
1. Any land conservation committee or state agency that employs the individual whose certification is suspended or revoked.
ATCP 50.46(9)(c)2.
2. State and federal agencies that provide cost-share funds for agricultural engineering practices.
ATCP 50.46(9)(d)
(d) The reduction of a certification rating under
sub. (7) does not constitute a suspension or revocation under this subsection.
ATCP 50.46(10)
(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.
ATCP 50.46(11)
(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.
ATCP 50.46(12)
(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.
ATCP 50.48
ATCP 50.48
Nutrient management planners. ATCP 50.48(1)(1)
Qualifications. To be qualified under ss.
281.65,
281.66, Stats., and this chapter, a nutrient management planner shall be knowledgeable and competent in all of the following areas:
ATCP 50.48(1)(d)
(d) Crediting manure, residual legume nitrogen and other nutrient sources on a field-by-field basis.
ATCP 50.48(2)
(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:
ATCP 50.48(2)(a)1.
1. Recognized as a certified professional crop consultant by the national alliance of independent crop consultants.
ATCP 50.48(2)(a)2.
2. Recognized as a certified crop advisor by the American society of agronomy, Wisconsin certified crop advisors board.
ATCP 50.48(2)(a)3.
3. Registered as a soil scientist by the soil science society of America or as a professional agronomist by the American society of agronomy.
ATCP 50.48(2)(a)4.
4. The holder of other credentials that the department deems equivalent to those specified under
subds. 1. to
3. 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.
ATCP 50.48(2)(c)
(c) 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.
ATCP 50.48(4)
(4) Disqualification. 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
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.
ATCP 50.48(5)
(5) Misrepresenting qualification. No person may do any of the following, directly or by implication:
ATCP 50.48(5)(a)
(a) Misrepresent that an individual is a qualified nutrient management planner under this section.
ATCP 50.48(5)(b)
(b) Represent, contrary to a valid written notice under
sub. (4), that an individual is a qualified nutrient management planner under this section.
ATCP 50.48(5)(c)
(c) Misrepresent that a person is qualified to perform nutrient management plans for others, if that is not the case.
ATCP 50.48(6)
(6) Records. 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 or
281.66, 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.
ATCP 50.50
ATCP 50.50
Soil and manure testing laboratories. ATCP 50.50(1)(1)
Certified laboratory. 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.
ATCP 50.50(2)
(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:
ATCP 50.50(2)(c)
(c) The name and telephone number of the individual who is responsible for on-site administration of the laboratory.
ATCP 50.50(2)(d)
(d) 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:
ATCP 50.50(2)(e)
(e) Documentation showing that the laboratory is qualified and equipped to perform accurate soil tests and nitrogen estimates under
par. (d).
ATCP 50.50(2)(f)
(f) License conditions specified by the department, including compliance with
subs. (4) to
(6).
ATCP 50.50(3)
(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.
ATCP 50.50(4)
(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:
ATCP 50.50(4)(b)
(b) 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.
