To register with DATCP, a person must complete an annual registration form and pay annual fees. The registration form must include all the following:
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The registrant's correct legal name, and all trade names under which the registrant does business.
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The registrant's principal business address and telephone number. The business address shall include street address, zip code, state and nation.
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The registrant's federal tax identification (FEIN) number.
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The name and address of the registrant's registered agent in this state, if any.
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The name and address of a person who will accept service of process on behalf of the registrant, if other than a registered agent in this state.
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The name, address and telephone number of a person who may respond, on behalf of the registrant, to DATCP notices and inquiries.
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The number of telephone lines used, by individuals acting as employees or agents of the registrant, to make telephone solicitations. The registrant must provide the telephone number associated with each of these lines.
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The number of individuals who make telephone solicitations as employees or agents of the registrant. The registrant must provide the names of the individuals if DATCP requests those names.
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A statement indicating the form in which the registrant wishes to receive “no-call" lists. A registrant may receive “no-call" lists in one or more of the following forms:
- By e-mail transmission to an e-mail address provided by the registrant.
- As a compact disc, mailed to an address provided by the registrant.
- In hard-copy printed form, mailed to an address provided by the registrant.
Telemarketer Registration Fees
A telemarketer registering with DATCP must pay the following annual fees:
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A basic annual registration fee of $800 for the first year of registration, and $600 for each year thereafter.
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A supplementary annual fee of $100 for each telephone line used by the registrant (or the registrant's employees or individual agents) to make telephone solicitations. This fee does not apply if the registrant uses fewer than 4 telephone lines.
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A supplementary annual fee of $25 for each e-mail address to which the registrant would like DATCP to send the “no-call" list. This fee does not apply if the registrant asks DATCP to send the “no-call" list to just one e-mail address.
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A supplementary annual fee of $25 for each address to which the registrant would like DATCP to send the “no-call" list in compact disc form.
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A supplementary annual fee of $1,000 for each address to which the registrant would like DATCP to send the “no-call" list in hard-copy print form.
The “No-Call" List
DATCP must compile a “no-call" list containing the telephone numbers and ZIP codes of residential telephone customers who sign up for the list. No person may make a telephone solicitation, either directly or through an employee or agent, to a residential customer whose telephone number appears on the current no-call list.
A residential telephone customer may contact DATCP by phone, or at DATCP's website, to sign up for the “no-call" list. A customer's caregiver may sign up on behalf of the customer. The customer or caregiver shall give DATCP all the following information:
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The customer's telephone number including area code.
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The customer's ZIP code.
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The customer's name and address, if requested by DATCP. DATCP will not include this information on the “no-call" list, but may request it for verification purposes.
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The caregiver's name and address, if a caregiver contacts DATCP on behalf of the customer. DATCP will not include this information on the “no-call" list, but requires it for verification purposes.
Distributing the List
DATCP must distribute the “no-call" list to each telemarketer who is currently registered with DATCP. DATCP must distribute the list in the manner specified by the registrant (assuming that the registrant pays the required fees for that method of delivery). A “no-call" list takes effect on a date specified by DATCP, not sooner than 10 days after DATCP distributes the list.
Updating the List
DATCP must compile and distribute an updated “no-call" list every 3 months. DATCP must distribute updated lists in the same manner as the initial list. DATCP must delete a residential telephone customer from the “no-call" list 2 years after that customer last signed up for inclusion on the list. A customer may renew a sign-up at any time.
No Unauthorized Release
A registered telemarketer may not redistribute any part of a “no-call" list to any other person, except that the registrant may redistribute the list to an individual making telephone solicitations as the registrant's employee or agent. DATCP may not release a “no-call" list, or any information used to compile the list, except that:
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DATCP may release a “no-call" list to telemarketers currently registered with DATCP.
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DATCP may release a “no-call" list as necessary to enforce this rule, or to comply with a subpoena or judicial process, subject to such protective orders as may be appropriate.
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DATCP may release the “no-call" list to the federal trade commission or other federal agency maintaining a national “no-call" list.
Telephone solicitation practices
Telemarketers must comply with current DATCP telemarketing rules under ch.
ATCP 127, Wis. Adm. Code. In addition, this rule prohibits telemarketers from doing any of the following:
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Making telephone solicitations to a residential telephone customer, unless the telemarketer is registered with DATCP or working for a registered telemarketer.
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Making a telephone solicitation to a residential telephone customer whose telephone number appears on the current “no call" list.
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Using an electronically prerecorded message in a telephone solicitation to a residential or nonresidential telephone customer without the prior consent of that telephone customer.
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Failing to disclose, at the request of a residential telephone customer receiving a telephone solicitation, the telemarketer's Wisconsin registration number.
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Making a telephone solicitation to a nonresidential telephone customer (business) if that business has notified the telelemarketer by mail that the business does not wish to receive telephone solicitations. A telemarketer must provide a business with the telemarketer's mailing address within 10 days after the business requests it.
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Requiring, instructing or authorizing an employee or agent to make a telephone solicitation in violation of this rule, or facilitating a violation of this rule.
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Using caller-ID blocking when making a telephone solicitation.
Telemarketer Records
Under current DATCP telemarketing rules, telemarketers must keep certain records for at least 2 years and must make those records available to DATCP upon request. Among other things, a telemarketer must keep records related to individuals who make telephone solicitations as employees or agents of the telemarketer, including names, addresses, telephone numbers, job titles, and fictitious names if any (no 2 individuals may use the same fictitious name).
This rule requires telemarketers to comply with current record keeping requirements, and adds one new requirement. Under this rule, a telemarketer must record the time period during which an individual made telephone solicitations as the seller's employee or agent.
Fiscal Estimate (See p. 13 Mid-April Wis. Adm. Register)
Initial Regulatory Flexibility Analysis (See p. 13 Mid-April Wis. Adm. Register)
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on its emergency rule relating to chronic wasting disease in cervids. The department will hold one hearing at the time and place shown below. The department invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until May 24, 2002, for additional written comments.
You may obtain a free copy of this emergency rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling 608-224-4883. Copies will also be available at the hearing.
Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by May 15, 2002, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.
One hearing is scheduled:
Wednesday, May 22, 2002, at 7:00 p.m.
Prairie Oaks State Office Building, Board Room
2811 Agriculture Drive
Madison, WI 53708
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This emergency rule regulates the import, keeping and movement of cervids, including deer and elk, to prevent the spread of chronic wasting disease. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers this rule. This rule applies to captive cervids, including farm-raised deer and captive white-tail deer. This rule does not apply to free-ranging deer or elk regulated by the Department of Natural Resources (DNR).
Background
Chronic wasting disease was recently discovered in the free-ranging deer population in Wisconsin. Chronic wasting disease is a form of transmissible spongiform encephalopathy, a disease that is always fatal. It is known to affect elk, white-tailed deer, black-tailed deer, mule deer and red deer. Very little is known about the disease, but it appears to be spread by cervid-to-cervid contact. The disease may spread more readily where cervids are concentrated.
Chronic wasting disease has not been diagnosed in captive cervids in this state, but its presence cannot be ruled out. The disease has been diagnosed in some captive herds in other states. This rule establishes a monitoring and testing program for captive cervids in this state. This rule also regulates imports and movement of captive cervids.
Importing Cervids to Wisconsin
Under current rules, no person may import a captive cervid into Wisconsin without a permit from DATCP. The importer, or a veterinarian acting on behalf of the importer, may apply for an import permit. The applicant must identify the herd of origin and the herd of destination.
This rule clarifies that DATCP will not issue a written import permit until DATCP receives a certificate of veterinary inspection completed by a federally accredited veterinarian. The certificate must identify each cervid to be imported, and must certify one of the following:
• The cervid originates from a herd monitored for at least 5 years under a state-approved chronic wasting disease herd certification program that complies with federal uniform methods and rules.
• The cervid originates from a herd that meets all the following criteria:
- Herd members have all been born in the herd or kept in the herd for at least one year.
- Herd members have not been added from any outside source, or exposed to cervids from any outside source, in the past year.
- There have been no signs or symptoms of chronic wasting disease in the herd for the past 5 years.
- Animal health officials in the state of origin have access to herd records for the past 5 years, including records of cervid deaths and causes of death.
Moving Live Cervids from Herds in Wisconsin
Under current rules, no person may move a live captive cervid from a herd in this state without a certificate of veterinary inspection. A Wisconsin certified veterinarian must certify that the cervid has tested negative for tuberculosis (there are some exceptions).
Under this rule:
• The veterinarian must also certify that the herd of origin has shown no signs or symptoms of chronic wasting disease in the last 12 months. The veterinarian must be the herd veterinarian for the herd of origin.
• The herd of origin must be enrolled in Wisconsin's herd monitoring program (see below).
• These requirements do not apply to any of the following:
• A cervid moved directly to slaughter if the cervid is tested for chronic wasting disease.
• A cervid moved between 2 locations operated by the same herd owner, and covered by the same farm-raised deer herd registration.
• A cervid moved by or under the control of DNR.
• A cervid moved between institutions that are accredited by the American association of zoological parks and aquariums.
Mandatory Testing in Wisconsin
This rule requires chronic wasting disease testing of captive cervids. There is no test available for live cervids. Tests must be conducted on brain tissue collected from dead cervids. Tests are only effective on cervids at least 16 months old. This rule requires herd owners to have all the following tested for chronic wasting disease:
