ATCP 48.52 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.54 ATCP 48.54Hearing on compliance order.
ATCP 48.54(1)(1)Request for hearing. A person adversely affected by an order under s. ATCP 48.52 may request a hearing before the department to contest the order. A request may be made orally, but the department may require the requester to confirm the request in writing. A request for hearing does not automatically stay an order issued under s. ATCP 48.52.
ATCP 48.54(2) (2)Informal hearing.
ATCP 48.54(2)(a)(a) The department shall hold an informal hearing as soon as reasonably possible after it receives an oral or written hearing request under sub. (1), but not more than 10 days after it receives the request, unless the requester agrees to a later date for an informal hearing.
ATCP 48.54(2)(b) (b) The person presiding at an informal hearing under par. (a) shall be a department employee or official who was not personally involved in the investigation or decision to issue the order under s. ATCP 48.52, and who is authorized to withdraw or modify the order as necessary. The informal hearing shall be held by telephone or at a location determined by the department.
ATCP 48.54(2)(c) (c) Within 2 business days after the conclusion of the informal hearing, the presiding officer under par. (b) shall issue a brief written memorandum which summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of the memorandum shall be provided to the person requesting the hearing. The memorandum shall include a notice of a person's right to request a formal contested case hearing under sub. (3).
ATCP 48.54(3) (3)Formal hearing. If a contest related to an order under s. ATCP 48.52 is not resolved after an informal hearing under sub. (2), the person adversely affected by the department's order may request a full contested case hearing on the order. The contested case proceeding shall comply with ch. 227, Stats., and ch. ATCP 1.
ATCP 48.54 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.56 ATCP 48.56Variances. The department may authorize a variance from any standard or requirement under this chapter if the department finds that the variance is consistent with the objectives of this chapter. A variance shall be issued in writing. A variance may be issued by the administrator of the department's division of agricultural resource management, or by a person designated in writing by that division administrator. The department may not grant variances from statutory requirements.
ATCP 48.56 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.
subch. IX of ch. ATCP 48 Subchapter IX — Grants to County Drainage Boards
ATCP 48.60 ATCP 48.60Grants to county drainage boards.
ATCP 48.60(1)(1)General. From the appropriation under s. 20.115 (7) (d), Stats., the department may award grants to county drainage boards to help those boards comply with ch. 88, Stats., and this chapter. The department shall award grants in each state fiscal year, subject to available funding. A grant may reimburse a county drainage board for up to 60 percent of the drainage board's costs to do any of the following:
ATCP 48.60 Note Note: Section 20.115 (7) (d), Stats., was repealed by 2007 Wis. Act 20, and any future grants are contingent on a new appropriation.
ATCP 48.60(1)(a) (a) Develop and adopt drainage district specifications required under s. ATCP 48.20.
ATCP 48.60(1)(b) (b) Reassess benefits in a drainage district. The reassessment shall comply with ss. ATCP 48.02 to 48.10.
ATCP 48.60(1)(c) (c) Develop and adopt drainage district maintenance plans under s. ATCP 48.22.
ATCP 48.60 Note Note: A grant under par. (c) may be used only for maintenance plans, not actual maintenance costs.
ATCP 48.60(1)(d) (d) Other eligible projects that the department identifies in its annual request for grant proposals under sub. (2).
ATCP 48.60(2) (2)Annual request for grant proposals. Before the department awards any grant under sub. (1) in any state fiscal year, the department shall publish an annual request for grant proposals and shall provide a copy to every county drainage board. The annual request for grant proposals shall include all the following:
ATCP 48.60(2)(a) (a) The amount of grant funds available for distribution in that state fiscal year ending June 30.
ATCP 48.60(2)(b) (b) Eligible project categories under sub. (1).
ATCP 48.60(2)(c) (c) The department's grant priorities, if any.
ATCP 48.60(2)(d) (d) The method that the department will use to allocate funds between competing grant proposals of equal priority, if it cannot fully fund all of those proposals.
ATCP 48.60 Note Note: For example, the department may fund equally rated grant proposals on a “first come, first served" basis.
ATCP 48.60(2)(e) (e) General grant terms and conditions that may affect grant applications.
ATCP 48.60(2)(f) (f) Grant application procedures.
ATCP 48.60(2)(g) (g) A grant application deadline.
ATCP 48.60(2)(h) (h) A grant application form.
ATCP 48.60 Note Note: Copies of a grant application form may be obtained from the department at its offices at 2811 Agriculture Drive, Post Office Box 8911, Madison, WI 53708-8911.
ATCP 48.60(3) (3)Grant applications. A county drainage board may apply for a grant under sub. (1). The county drainage board shall make the grant application on a form that the department provides under sub. (2) (h). The grant application shall be broken down by drainage district, and shall include all the following:
ATCP 48.60(3)(a) (a) A description of each drainage district project for which the county drainage board seeks a grant.
ATCP 48.60(3)(b) (b) The estimated cost of the project.
ATCP 48.60(3)(c) (c) The county drainage board's plan for financing the project.
ATCP 48.60(3)(d) (d) Competitive bidding or other procedures that the county drainage board will use to control project costs.
ATCP 48.60 Note Note: A county drainage board is not required to select the low bidder for a funded project. But the department may make its grant award and payments based on the low bid cost.
ATCP 48.60(3)(e) (e) Other information required by the department.
ATCP 48.60(4) (4)Grant awards. Within 90 days after the grant application deadline under sub. (2) (g), the department shall make its grant awards. The department shall give notice of its awards to all county drainage boards that applied for grants.
ATCP 48.60(5) (5)Grant contracts. Before the department pays any grant funds to a county drainage board, the department shall enter into a grant contract with that county drainage board. The contract shall specify the time period and other terms and conditions of the grant. The department shall make grant payments according to sub. (6) and the grant contract.
ATCP 48.60(6) (6)Grant payments.
ATCP 48.60(6)(a)(a) The department shall make grant payments after the county drainage board completes the funded project and pays its share of the project costs. The department may not pay for any project cost incurred after the end of the grant period specified in the grant contract.
ATCP 48.60(6)(b) (b) The county drainage board shall submit a payment request on a form provided by the department. In its request, the county drainage board shall document that it has completed the project and paid its share of the project costs.
ATCP 48.60 Note Note: Copies of a payment request form may be obtained from the department at its offices at 2811 Agriculture Drive, Post Office Box 8911, Madison, WI 53708-8911.
ATCP 48.60(6)(c) (c) The department shall make grant payments to the county treasurer, for the benefit of the county drainage board. If the county drainage board hires an agent to complete a project on its behalf, the department may, at the request of the county drainage board, make a check jointly payable to the county treasurer and that agent.
ATCP 48.60 History History: CR 01-004: Cr. Register January 2002 No. 553, eff. 2-1-02.
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.