ATCP 161.45(2)(c) (c) Whether the proposed project complies with this subchapter.
ATCP 161.45(2)(d) (d) The viability of the proposed project.
ATCP 161.45(2)(e) (e) Additional project benefits for Wisconsin agriculture or tourism.
ATCP 161.45(2)(f) (f) The management and technical qualifications of the grant applicant.
ATCP 161.45(2)(g) (g) The qualifications of the persons who will carry out the project.
ATCP 161.45(2)(h) (h) The financial capacity of the grant applicant to complete the project as proposed.
ATCP 161.45(2)(i) (i) The adequacy of the project plan and budget.
ATCP 161.45(2)(j) (j) Whether the grant proposal adequately identifies the nature of project expenses to be reimbursed under the proposed grant, consistent with s. ATCP 161.43 (1).
ATCP 161.45 History History: EmR0804: cr. eff. 2-22-08; CR 08-038: cr. Register September 2008 No. 633, eff. 10-1-08.
ATCP 161.46 ATCP 161.46Grant contracts.
ATCP 161.46(1)(1)Contract signing. A grant contract under s. ATCP 161.42 (5) may be signed by an authorized department official after the grant recipient signs the contract.
ATCP 161.46(2) (2) Contract period. A grant contract under s. ATCP 161.42 (5) takes effect when signed by an authorized department official under sub. (1). The original term of a contract may be for not more than 2 years, but may be extended for up to a third year upon request. The contract term may extend beyond the state fiscal biennium in which funds for the contract are appropriated, provided that the department encumbers those contract funds and signs the contract in that biennium.
ATCP 161.46(3) (3) Contract terms; general. A grant contract under s. ATCP 161.42 (5) is subject to the terms and conditions in s. ATCP 161.43, and other terms and conditions contained in the contract. A grant contract incorporates commitments made in the grant proposal, except as otherwise provided in the contract.
ATCP 161.46 Note Note: DATCP will include, in every contract under s. ATCP 161.42 (5), general terms and conditions required in state contracts under state law. The department may include other terms and conditions that it considers necessary.
ATCP 161.46(4) (4) Payment terms. Every grant contract shall include payment terms and conditions, including a payment schedule if applicable.
ATCP 161.46 Note Note: The department may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. The grant contract will describe payment terms and conditions. Payments are made on a reimbursement basis. The department may require a grant recipient to file progress reports and submit expense documentation as necessary to support grant payments. See s. ATCP 161.43 (4).
ATCP 161.46 History History: EmR0804: cr. eff. 2-22-08; CR 08-038: cr. Register September 2008 No. 633, eff. 10-1-08.
subch. V of ch. ATCP 161 Subchapter V — Accountability Requirements
Subch. V of ch. ATCP 161 Note Note: This subchapter implements ss. 93.07 (18) (b) 6. and 7., Stats.
ATCP 161.50 ATCP 161.50Definitions. In this subchapter:
ATCP 161.50(1) (1)“Department" means the department of agriculture, trade and consumer protection.
ATCP 161.50(2) (2)“Economic development grant or loan" means a grant or loan awarded by the department pursuant to an economic development program.
ATCP 161.50(3) (3)“Economic development program" has the meaning given in s. 93.07 (18) (a), Stats., and includes all of the following programs administered by the department:
ATCP 161.50(3)(a) (a) The agricultural diversification and development grant program under ss. 20.115 (4) (c) and 93.46, Stats.
ATCP 161.50 Note Note: See also subchapter I of this chapter.
ATCP 161.50(3)(b) (b) The “buy local" grant program under ss. 20.115 (4) (am) and 93.48, Stats.
ATCP 161.50 Note Note: See also subchapter IV of this chapter.
ATCP 161.50(3)(c) (c) The rural development loan program under ss. 20.115 (3) (h) and 93.06 (1qm), Stats.
ATCP 161.50 Note Note: Paragraph (c) includes federally funded revolving loan programs for value-added agricultural enterprises.
ATCP 161.50(3)(d) (d) Agricultural development grant and loan programs for which the department is authorized to accept federal funds under ss. 20.115 (3) (m) and 16.54, Stats.
ATCP 161.50 Note Note: Paragraph (d) includes the federally funded value-added dairy initiative.
ATCP 161.50(3)(f) (f) The grow Wisconsin dairy producer grant and loan program under ss. 20.115 (4) (d) and (dm) and 93.40 (1) (g), Stats.
ATCP 161.50(4) (4)“Recipient" means a person who receives an economic development grant or loan.
ATCP 161.50(5) (5)“Verified statement" means a written statement under s. ATCP 161.54 (1), signed by an independent certified public accountant licensed or certified under ch. 442 and by the director or principal officer of the recipient, in which the signers attest to the accuracy of the statement.
ATCP 161.50 History History: CR 10-120: cr. Register August 2011 No. 668, eff. 9-1-11; EmR1301: cr. (3) (f), eff. 2-1-13; CR 12-028: cr. (3) (f) Register May 2013 No. 689, eff. 6-1-13; correction in (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689; CR 14-026: am. (3) (f) Register April 2015 No. 712; correction in (1) made under s. 35.17, Stats., Register April 2015 No. 712; CR 19-054: r. (3) (e) Register March 2020 No. 771, eff. 4-1-20.
ATCP 161.52 ATCP 161.52Grant or loan contract; general. The department may not release any economic development grant or loan funds, except pursuant to a contract with the recipient. The contract shall do all of the following:
ATCP 161.52(1) (1)Clearly identify the recipient, and the amount of the grant or loan.
ATCP 161.52(2) (2)Set forth the terms and conditions of the grant or loan, including all of the following as appropriate:
ATCP 161.52(2)(a) (a) Actions required of the recipient, including contemplated uses of the grant or loan funds.
ATCP 161.52(2)(b) (b) Matching funds, if any, required of the recipient.
ATCP 161.52(2)(c) (c) Expected deliverables.
ATCP 161.52(2)(d) (d) Repayment requirements, if any.
ATCP 161.52(2)(e) (e) Documentation, reports, and accounting required of the recipient.
ATCP 161.52(2)(f) (f) Penalties or remedies that the department may seek in the event of a contract breach. The specification of penalties or remedies under this paragraph does not prevent the department from pursuing any other remedy to which the department may otherwise be entitled by law.
ATCP 161.52 History History: CR 10-120: cr. Register August 2011 No. 668, eff. 9-1-11; correction in sub. (2) made under s. 13.92 (4) (b) 1., Stats., Register August 2011 No. 668.
ATCP 161.54 ATCP 161.54Large grants or loans; contract requirements. For each grant or loan of $100,000 or more, the contract under s. ATCP 161.52 shall require the recipient to do all of the following:
ATCP 161.54(1) (1)Submit a verified statement accounting for the use of all grant or loan funds received. The verified statement shall include all of the following:
ATCP 161.54(1)(a) (a) The amount of funds received.
ATCP 161.54(1)(b) (b) A clear itemized description showing, by expenditure category, how all received funds were spent.
ATCP 161.54(1)(c) (c) The nature and amount of any matching funds provided by the recipient, and the recipient's use of those matching funds.
ATCP 161.54(1)(d) (d) Documentation of the deliverables provided by the recipient under the contract, and the dates on which the recipient provided those deliverables.
ATCP 161.54(2) (2)Submit the verified statement under sub. (1) in a form required by the department, within a time period specified by the department.
ATCP 161.54(3) (3)Make available to the department, upon request, evidence documenting the accuracy of the verified statement under sub. (1).
ATCP 161.54 History History: CR 10-120: cr. Register August 2011 No. 668, eff. 9-1-11.
ATCP 161.56 ATCP 161.56Penalties and remedies for false statement or contract breach.
ATCP 161.56(1)(1)In addition to any other penalties or remedies provided by law, a contract under s. ATCP 161.52 may provide for any of the following penalties or remedies if the grant or loan recipient submits false or misleading information to the department, or fails without reasonable justification to comply with the terms of the contract:
ATCP 161.56(1)(a) (a) The department may demand and recover payments made under the contract.
ATCP 161.56(1)(b) (b) The department may withhold payments to which the recipient would otherwise be entitled under the contract.
ATCP 161.56(1)(c) (c) The department may demand and recover a forfeiture or other penalty specified in the contract. A recipient may not pay any forfeiture or penalty under this paragraph with funds received under another grant or loan from the department.
ATCP 161.56(1)(d) (d) The department may disqualify the recipient from eligibility for future economic development grants or loans from the department.
ATCP 161.56 History History: CR 10-120: cr. Register August 2011 No. 668, eff. 9-1-11.
Subchapter VI — “Grow Wisconsin Dairy Producer" Grant and Loan Program
ATCP 161.60 ATCP 161.60Purpose. This subchapter implements the “grow Wisconsin dairy producer" grant and loan program created under ss. 20.115 (4) (d) and (dm) and 93.40 (1) (g), Stats.
ATCP 161.60 History History: EmR1301: emerg. cr., eff. 2-1-13; CR 12-028: cr. Register May 2013 No. 689, eff. 6-1-13; CR 14-026: am. Register April 2015 No. 712, eff. 5-1-15.
ATCP 161.61 ATCP 161.61Definitions. In this subchapter:
ATCP 161.61(1) (1)“Applicant" means a person who submits a grant or loan proposal under s. ATCP 161.64.
ATCP 161.61(2) (2)“Authorized department official" means the department secretary, deputy secretary, or assistant deputy secretary.
ATCP 161.61(3) (3)“Dairy producer" means a licensed milk producer, licensed dairy plant, or other licensed entity that produces or processes milk.
ATCP 161.61(3m) (3m)“Dairy processing plant" has the meaning provided in s. 97.20 (1) (h), Stats.
ATCP 161.61(4) (4)“Department" means the department of agriculture, trade and consumer protection.
ATCP 161.61(5) (5)“Person" means an individual, corporation, cooperative, partnership, limited liability company, trust, governmental entity, academic institution, or other legal entity.
ATCP 161.61 History History: EmR1301: emerg. cr., eff. 2-1-13; CR 12-028: cr. Register May 2013 No. 689, eff. 6-1-13; CR 14-026: cr. (3m) Register April 2015 No. 712, eff. 5-1-15; correction in (2) made under s. 13.92 (4) (b) 6., Stats., and correction in (4) made under s. 35.17, Stats., Register April 2015 No. 712.
ATCP 161.62 ATCP 161.62Grant and loan program; general.
ATCP 161.62(1)(1)Grant and loan purposes. The department may award grants from the appropriation under s. 20.115 (4) (dm), Stats., for projects undertaken by dairy processing plants, and grants and loans from the appropriation under s. 20.115 (4) (d) under s. 93.40 (1) (g), Stats., for projects undertaken by dairy producers that are designed to do any of the following:
ATCP 161.62(1)(a) (a) Increase production, profitability, processing, marketing, or distribution of Wisconsin dairy products.
ATCP 161.62(1)(b) (b) Increase capital investment in the dairy industry.
ATCP 161.62(1)(c) (c) Apply new technologies related to dairy production.
ATCP 161.62(1)(d) (d) Improve the competitiveness of the Wisconsin dairy industry.
ATCP 161.62(1)(e) (e) Make more efficient use of farmland and other agricultural resources for dairy production.
ATCP 161.62(1)(f) (f) Create or retain jobs in the dairy industry.
ATCP 161.62(2) (2) Grant and loan proposals; evaluation. A grant or loan award under sub. (1) shall be based on a grant proposal submitted under s. ATCP 161.64. The department shall evaluate grant and loan proposals according to s. ATCP 161.65.
ATCP 161.62(3) (3) Grant and loan awards. A grant or loan award under sub. (1) shall be signed by an authorized department official. The grant or loan award shall clearly identify the person to whom the grant or loan is awarded, the amount awarded, and the purposes for which the grant or loan is awarded. The department may not award more than $50,000 in grant funding or more than $200,000 in loans to the same person in any state fiscal biennium.
ATCP 161.62(4) (4) Grant and loan terms and conditions. Each grant and loan is subject to the terms and conditions provided in s. ATCP 161.63 and the grant or loan contract. The department may specify terms and conditions to ensure that grant and loan funds are effectively used for the purposes awarded.
ATCP 161.62(5) (5) Grant or loan contract. The department may not distribute any grant or loan funds to the recipient of a grant or loan award under sub. (1) until that recipient enters into a contract with the department. The contract shall comply with s. ATCP 161.66.
ATCP 161.62 Note Note: Grant and loan proposals, awards, contracts, progress reports, and other documents are open to public inspection to the extent provided by Wisconsin's open records law, subch. II of ch. 19, Stats.
ATCP 161.62(6) (6) Projects in Wisconsin. The department may only award a grant or loan under this subchapter for a project conducted in this state.
ATCP 161.62 History History: EmR1301: emerg. cr., eff. 2-1-13; CR 12-028: cr. Register May 2013 No. 689, eff. 6-1-13; CR 14-026: am. (1) (intro.) Register April 2015 No. 712, eff. 5-1-15.
ATCP 161.63 ATCP 161.63Grant and loan terms and conditions.
ATCP 161.63(1)(1)Use of grant funds. Permitted uses of grant funds for expenses that are a reasonable and necessary part of the grant project include any of the following:
Loading...
Loading...
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.