126.86
126.86
License actions. 126.86(1)(1)
General. The department may for cause deny, suspend, revoke, or impose conditions on a contractor's license, as provided in
s. 93.06 (7) and
(8). Cause may include any of the following:
126.86(1)(a)
(a) The contractor fails to comply with this chapter or a rule promulgated under this chapter.
126.86(1)(b)
(b) The contractor fails to comply with an order that the department issues under this chapter.
126.86(1)(c)
(c) The contractor fails to provide relevant information that the department requests under this chapter or falsifies information provided to the department.
126.86(1)(d)
(d) The contractor fails to file a financial statement, security, fees, or assessments required under this chapter, or fails to meet other requirements for licensing.
126.86(1)(e)
(e) The contractor fails to honor contract obligations to persons who are authorized to file default claims under
s. 126.70 (1).
126.86(1)(f)
(f) The contractor fails to reimburse the department, within 60 days after the department issues a reimbursement demand under
s. 126.73 (1), for the full amount that the department pays to claimants under
s. 126.72 (1) or under
s. 126.72 (2) with the proceeds of a loan under
s. 126.06 (1) (b) because of the contractor's default.
126.86(1)(g)
(g) The contractor fails to reimburse a bond surety, within 60 days after the bond surety issues a reimbursement demand under
s. 126.73 (2), for the full amount that the surety pays to the department under
s. 126.72 (2) for the benefit of claimants affected by the contractor's default.
126.86(2)
(2) Hearing on license action; general. Except as provided in
sub. (3), the department shall give a contractor notice and an opportunity for hearing before the department suspends, revokes, or imposes conditions on a license held by the contractor.
126.86(3)(a)(a) The department may, without prior notice or hearing, summarily suspend, revoke, or impose conditions on a license held by a contractor if the department finds that summary action is necessary to prevent a clear and imminent threat of harm to persons protected under this chapter. Conditions indicating a clear and imminent threat of harm include those identified in
s. 126.85 (2).
126.86(3)(b)
(b) A contractor who is the subject of a summary action under
par. (a) may, within 10 days after receiving notice of that action, request a hearing on the action. The department shall hold an informal hearing as soon as possible after receiving a hearing request, but not later than 10 days after receiving the hearing request, unless the contractor waives the informal hearing or agrees to hold it at a later date. If the matter is not resolved at the informal hearing, the department shall hold a contested case hearing under
ch. 227 as soon as reasonably possible.
126.86(3)(c)
(c) A request for hearing under
par. (b) does not automatically stay a summary action under
par. (a). The department may stay a summary action pending hearing.
126.86 History
History: 2001 a. 16;
2003 a. 38.
126.87(1)(1)
Injunction. The department may petition the circuit court for an ex parte temporary restraining order, a temporary injunction, or a permanent injunction to prevent, restrain, or enjoin any person from violating this chapter, any rule promulgated under this chapter, or any order issued under this chapter. The department may seek this remedy in addition to any other penalty or remedy provided under this chapter.
126.87(2)(a)(a) A person who violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter is subject to a forfeiture of not less than $250 nor more than $5,000 for each violation.
126.87(2)(b)
(b) A person who intentionally violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter may be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.
126.87(4)(a)(a) A person whose claim is allowed under
s. 126.70 may bring an action against the contractor to recover the amount of the allowed claim, less any recovery amount that the department pays to the claimant under
s. 126.71. In any court action under this subsection, the claimant may recover costs including all reasonable attorney fees, notwithstanding
s. 814.04 (1). This subsection does not limit any other legal cause of action that the claimant may have against the contractor.
126.87(4)(b)
(b) A claim allowed under
s. 126.70 has the same priority in an insolvency proceeding or creditor's action as a claim for wages, except as otherwise provided by federal law.
126.87(5)
(5) Collections. The department may bring an action in court to recover any unpaid amount that a contractor owes the department under this chapter, including any unpaid fund assessment or reimbursement.
126.87 History
History: 2001 a. 16.
126.88
126.88
Modifying fund assessments. The department may by rule modify the fund assessments provided under
s. 126.15,
126.30,
126.46, or
126.60. The department shall modify fund assessments as necessary to do all of the following:
126.88(1)
(1) Maintain an overall fund balance of at least $5,000,000 after January 1, 2006, but not more than $22,000,000 at any time.
126.88(2)
(2) Maintain a fund balance attributable to grain dealers of at least $1,000,000 after January 1, 2006, but not more than $6,000,000 at any time.
126.88(3)
(3) Maintain a fund balance attributable to grain warehouse keepers of at least $200,000 after January 1, 2006, but not more than $1,000,000 at any time.
126.88(4)
(4) Maintain a fund balance attributable to milk contractors of at least $3,000,000 after January 1, 2006, but not more than $12,000,000 at any time.
126.88(5)
(5) Maintain a fund balance attributable to vegetable contractors of at least $800,000 after January 1, 2006, but not more than $3,000,000 at any time.
126.88 History
History: 2001 a. 16.
126.89
126.89
Calculations. If a number used in or resulting from a calculation made to determine the amount of an assessment under
s. 126.15,
126.30,
126.46, or
126.60, other than a number that appears in one of those sections, extends more than 6 decimal places to the right of the decimal point, a person making the calculation shall round the number to the nearest whole digit in the 6th decimal place to the right of the decimal point. The amount of an assessment may be rounded to the nearest whole dollar.
126.89 History
History: 2001 a. 16.
126.90
126.90
Agricultural producer security council. The agricultural producer security council shall advise the department on the administration and enforcement of this chapter. The council shall meet as often as the department considers necessary, but at least once annually. The department shall inform the council of fund balances and payments. The department shall consult with the council before acquiring any contingent financial backing under
s. 126.06 and before modifying any license fee, license surcharge, or fund assessment under this chapter.
126.90 History
History: 2001 a. 16;
2003 a. 38.
