ATCP 16.08(2)(c) (c) $750 if the number is at least 100 but less than 250.
ATCP 16.08(2)(d) (d) $1,000 if the number is at least 250.
ATCP 16.08 Note Note: The fee under sub. (2) is based on the total number of dogs sold by the applicant, regardless of the number of locations from which the applicant makes those sales.
ATCP 16.08(3) (3) If the applicant is an out-of-state dog seller, a fee that is 150 percent of the fee calculated under sub. (2).
ATCP 16.08(4) (4) A late renewal surcharge equal to 20 percent of all license fees required under subs. (1) to (3) if the applicant seeks to renew a license after that license has expired.
ATCP 16.08(5) (5) A surcharge equal to the total of all license fees required under subs. (1) to (3) if the department determines that any of the following apply:
ATCP 16.08(5)(a) (a) Within 365 days prior to submitting the license application, the applicant operated without a license required under s. ATCP 16.02 (1).
ATCP 16.08(5)(b) (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.
ATCP 16.08 Note 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.
ATCP 16.08(6) (6) Any unpaid reinspection fee properly charged under s. ATCP 16.12 (6).
ATCP 16.08 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11.
ATCP 16.10 ATCP 16.10Issuing or withdrawing a license.
ATCP 16.10(1)(1)Timely action on license application. The department shall grant or deny a license application under s. ATCP 16.06 within 30 business days after all of the following have occurred:
ATCP 16.10(1)(a) (a) The department has received a complete application, including all required fees and surcharges.
ATCP 16.10(1)(b) (b) The department has completed any pre-license inspection required under s. ATCP 16.12 (2).
ATCP 16.10(2) (2)Denying, suspending or revoking a license.
ATCP 16.10(2)(a)(a) The department may deny a license application under s. ATCP 16.06 or suspend or revoke a license issued under s. ATCP 16.02 (1) if the applicant or license holder fails to comply with applicable licensing requirements; is not fit, qualified or equipped to conduct the activity for which the license is required; has violated or failed to obey a relevant law, order, or regulation; or has misrepresented or failed to disclose any material fact in a license application.
ATCP 16.10(2)(b) (b) Whenever the department denies, suspends, or revokes a license under par. (a), the department shall give the applicant or license holder a written notice that does all of the following:
ATCP 16.10(2)(b)1. 1. Specifies the reasons for the denial, suspension, or revocation.
ATCP 16.10(2)(b)2. 2. Notifies the applicant or license holder that he or she may request a hearing on the denial, suspension, or revocation by filing a written request with the department within 10 days after receiving the notice. The department shall promptly consider the hearing request, following the procedures set forth in ch. ATCP 1.
ATCP 16.10(3) (3)Conditional license. The department may issue a license under s. ATCP 16.02 (1) on a conditional basis, contingent upon pertinent circumstances or acts. If a license is conditioned upon compliance with specific requirements within a specific time period, and the license holder fails to comply with those requirements within that time period, the license is void.
ATCP 16.10(4) (4)Summary license suspension.
ATCP 16.10(4)(a)(a) The department may by written notice, without prior notice or hearing, suspend a license issued under s. ATCP 16.02 (1) if the department finds any of the following based on reasonable evidence:
ATCP 16.10(4)(a)1. 1. That the license holder or the license holder's employee or agent has violated this chapter, and that the violation imminently threatens the health, safety, or welfare of any dog.
ATCP 16.10(4)(a)2. 2. That the license holder or the license holder's employee or agent has committed an act of animal cruelty in violation of ch. 951, Stats.
ATCP 16.10(4)(b) (b) A suspension notice under par. (a) shall include the notice required under sub. (2) (b).
ATCP 16.10(4)(c) (c) A suspension notice under par. (a) may specify a reinspection date, and may specify conditions that must be met in order for the license to be reinstated.
ATCP 16.10(4)(d) (d) The department may at any time reinstate a license that has been summarily suspended under this subsection if the department finds that circumstances warrant reinstatement.
ATCP 16.10 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11.
ATCP 16.12 ATCP 16.12Inspecting licensed operations.
ATCP 16.12(1)(1)General.
ATCP 16.12(1)(a)(a) The department may at any time during reasonable hours inspect any place at which a person who is required to be licensed under s. ATCP 16.02 (1) engages in any activity for which that license is required, regardless of whether that person owns or operates that place.
ATCP 16.12(2) (2)Pre-license inspections. Before the department licenses a person to keep dogs at a location identified under s. ATCP 16.06 (3) at which the person was not previously licensed to keep dogs, the department shall inspect that location. The department shall conduct the inspection within 60 business days after the department receives a complete license application under s. ATCP 16.06.
ATCP 16.12(3) (3)Biennial inspections. The department shall inspect, at least once in every 2 license years, each location identified under s. ATCP 16.06 (3) at which a license holder is licensed to keep dogs.
ATCP 16.12(4) (4)Scope of inspection. An inspection required under sub. (2) or (3) shall examine compliance with applicable requirements under this chapter, including applicable requirements related to recordkeeping, dog health, and standards of care.
ATCP 16.12(5) (5)Inspection report.
ATCP 16.12(5)(a)(a) Whenever the department performs an inspection under this section, the department shall provide the license applicant or license holder with a written inspection report.
ATCP 16.12(5)(b) (b) A license holder who keeps dogs at any location identified under s. ATCP 16.06 (3) shall post a copy of the most recent inspection report related to that location in a prominent place at that location. The inspection report shall be posted so that it can be easily noticed and read by persons visiting the licensed location.
ATCP 16.12(6) (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.
ATCP 16.12 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11.
ATCP 16.14 ATCP 16.14Records kept by license holders.
ATCP 16.14(1)(1)General. A person who is required to be licensed under s. ATCP 16.02 (1) shall keep all of the records required under this section. The person shall keep the records, in written or readily readable electronic form, at the principal business location identified under s. ATCP 16.06 (2). The person shall retain the records for at least 5 years after they are made, and shall make them available to the department for inspection and copying upon request.
ATCP 16.14(2) (2)Dog locations. A person licensed under s. ATCP 16.02 (1) shall keep a record of each location at which dogs are kept pursuant to the license. The record shall include the address of each location, and the name of the individual responsible for administering that location. If the license holder consigns a dog to a home custody provider, the license holder shall record the name and address of that individual.
ATCP 16.14(3) (3)Dog records. A person licensed under s. ATCP 16.02 (1) shall keep all of the following records related to each dog over which that person exercises custody or control at any time during the license year, including any dog that the person consigns to a home custody provider:
ATCP 16.14(3)(a) (a) A description of the dog including the dog's breed or type, sex, date of birth or approximate age, color, and distinctive markings.
ATCP 16.14(3)(b) (b) The location at which the dog is kept, including any the address of any home custody provider.
ATCP 16.14(3)(c) (c) Any United States department of agriculture official identification assigned to the dog and any other identification tag, tattoo, or microchip information.
ATCP 16.14(3)(d) (d) A statement that the dog was born under the license holder's custody or control, if that is the case.
ATCP 16.14(3)(e) (e) All of the following information if the dog was not born under the license holder's custody or control:
ATCP 16.14(3)(e)1. 1. The date on which the license holder acquired custody or control over the dog.
ATCP 16.14(3)(e)2. 2. The identity of the person from whom the license holder acquired custody or control of the dog. The record shall include the person's name, address, and United States department of agriculture animal care facility license or registration number if any.
ATCP 16.14(3)(f) (f) All of the following information if the dog is no longer under the license holder's custody or control:
ATCP 16.14(3)(f)1. 1. The date on which the dog left the license holder's custody or control.
ATCP 16.14(3)(f)2. 2. The disposition of the dog.
ATCP 16.14(3)(f)3. 3. The identity of the person, if any, to whom the license holder transferred custody or control of the dog.
ATCP 16.14(3)(g) (g) A copy of any certificate of veterinary inspection that accompanied the dog when it entered or left the license holder's custody or control.
ATCP 16.14(3)(h) (h) Health records related to the dog, including vaccination, observation and treatment records and whether the health care was administered by the license holder or by a veterinarian.
ATCP 16.14(3)(i) (i) Breed registration records if any.
ATCP 16.14(4) (4)Behavior and socialization plan. A person who is required to be licensed under s. ATCP 16.02 (1) shall keep a copy of the behavior and socialization plan required under s. ATCP 16.20 (6) (e).
ATCP 16.14 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (2) made under s. 13.92 (4) (b) 7. Stats., Register May 2011 No. 665.
ATCP 16.16 ATCP 16.16Dog sales; certificate of veterinary inspection.
ATCP 16.16(1)(1)When required. Whenever a person who is required to be licensed under s. ATCP 16.02 (1) sells a dog in this state, the dog shall be accompanied by a valid certificate of veterinary inspection. A single certificate may cover more than one dog.
ATCP 16.16(2) (2)Who may issue. A certificate of veterinary inspection under sub. (1) shall be prepared and signed by a Wisconsin certified veterinarian, except that a certificate accompanying a dog imported into this state may be issued by an accredited veterinarian.
ATCP 16.16(3) (3)Form.
ATCP 16.16(3)(a)(a) A certificate of veterinary inspection shall be issued on a form provided by the department, the United States department of agriculture, or the state in which the certificate is issued. A certificate issued in this state shall be issued on a form provided by the department.
ATCP 16.16(3)(b) (b) A Wisconsin certified veterinarian may obtain Wisconsin certificate of veterinary inspection forms from the department, as provided under s. ATCP 10.06 (3) (b).
ATCP 16.16 Note Note: Wisconsin certificate of veterinary inspection forms may be obtained for $0.60 each. Forms may be obtained online at: https://datcpservices.wisconsin.gov/vetcatalog/index.jsp or by contacting the department at the following address:
ATCP 16.16 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 16.16 Note Division of Animal Health
ATCP 16.16 Note P.O. Box 8911
ATCP 16.16 Note Madison, WI 53708-8911
ATCP 16.16 Note Phone: (608) 224-4872
ATCP 16.16 Note Fax: (608) 224-4871
ATCP 16.16(4) (4)Contents. A certificate of veterinary inspection under sub. (1) shall include all of the following information:
ATCP 16.16(4)(a) (a) The name and address of the person selling the dog.
ATCP 16.16(4)(b) (b) The breed, sex, and age of the dog.
ATCP 16.16(4)(c) (c) Whether the dog is spayed, neutered, or sexually intact.
ATCP 16.16(4)(d) (d) The dog's vaccination record. The vaccination record shall identify each type of vaccination that the dog has received. For each type of vaccination, the record shall include all of the following:
ATCP 16.16(4)(d)1. 1. The name of the vaccine manufacturer.
ATCP 16.16(4)(d)2. 2. The vaccine serial number and lot number.
ATCP 16.16(4)(d)3. 3. The date on which the vaccine was administered.
ATCP 16.16(4)(d)4. 4. The name of the person who administered the vaccine.
ATCP 16.16(4)(e) (e) Any information required under s. ATCP 10.06 (4) or 10.80 if the certificate of veterinary inspection accompanies a dog imported into this state.
ATCP 16.16(4)(f) (f) If the dog is sold at public auction, and is not spayed or neutered, documentation showing that the dog has tested negative on a brucellosis test conducted within 30 days prior to the sale using a test method approved by the department.
ATCP 16.16 Note Note: Approved brucellosis test methods may be obtained by contacting the department online at: http://www.datcp.wi.gov or by contacting the department at the following address:
ATCP 16.16 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 16.16 Note Division of Animal Health
ATCP 16.16 Note P.O. Box 8911
ATCP 16.16 Note Madison, WI 53708-8911
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.