Statement of Scope
Department of Agriculture, Trade and Consumer Protection
Rule No.: | Ch. ATCP 16, Wis. Admin. Code (Existing) |
Relating to: | Dog Sellers and Dog Facility Operators |
1. Finding/nature of emergency (Emergency Rule only):
Not applicable.
2. Detailed description of the objective of the proposed rule:
The objective of the proposed rule is to evaluate whether to change fee amounts for dog sellers and dog facility operators. These fees include license fees and reinspection fees. The department would form an advisory group to assist in writing the proposed rule, pursuant to Wis. Stat. s. 173.41 (14). 3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Existing Policies Relevant to the Rule:
ATCP 16.08 specifies license fees as follows:
ATCP 16.08 License fees and surcharges. A license application under s. ATCP 16.06 shall include all of the following nonrefundable fees and surcharges, as applicable: (1)
A license fee of $125 for each animal shelter or animal control facility that the applicant may operate during the license year. If the applicant operates a combined animal shelter and animal control facility at the same location, the $125 fee for that location covers the combined operations.(2)
The following fee based on the number of dog sales reported under s. ATCP 16.06 (6):(a)
$250 if the number is at least 25 but less than 50.(b)
$500 if the number is at least 50 but less than 100.(c)
$750 if the number is at least 100 but less than 250.(d)
$1,000 if the number is at least 250.(3)
If the applicant is an out-of-state dog seller, a fee that is 150 percent of the fee calculated under sub. (2).(4)
A late renewal surcharge equal to 20 percent of all applicable license fees required under subs. (1) to (3) if the applicant seeks to renew a license after that license has expired.(5)
A surcharge equal to the total of all applicable license fees required under subs. (1) to (3) if the department determines that any of the following apply:(a)
Within 365 days prior to submitting the license application, the applicant operated without a license required under s. ATCP 16.02 (1).(b)
The applicant knowingly misrepresented information in the applicant’s license application for the preceding license year, in order to avoid payment of any required license fees. Note: A surcharge payment under sub. (5) does not relieve the applicant of any other penalties or liabilities that the applicant may incur as a result of any act or omission under sub. (5), but does not constitute evidence of a law violation.
(6)
Any unpaid reinspection fee properly charged under s. ATCP 16.12 (6).ATCP 16.12 (6) specifies reinspection fees as follows:
ATCP 16.12 (6) Reinspection Fees. The department may charge, to the holder of a license under s. ATCP 16.02 (1), a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter. The program revenue appropriation (appropriated by Wis. Stat. s. 20.115 (2) (j)) does not have adequate revenue to recover costs. The appropriation under-recovered by $199,000 in fiscal year 2019, resulting in a negative cash balance of -$185,300. The appropriation includes the dog seller program as well as dog licensing, rabies, and humane programs. The portion of the appropriation specific to the dog seller program under-recovered by $157,400 in fiscal year 2019, resulting in a negative cash balance of -$146,400. Fiscal year 2019 expenditures and revenues for the dog seller program were $338,600 and $181,200, respectively. The department has evaluated expenditures. The department is not able to reduce expenditures to the level of current revenues without resulting in a failure to fulfill statutory requirements. Pursuant to Wis. Stat. s. 173.41, the department is required to: -
Implement and administer licensing of dog sellers and dog facility operators -
Inspect the premises at which a person who is required to obtain a license operates before issuing the initial license and at least once every 2 years after the year in which the person is first licensed
