• Submit an application that includes all the following:
* The applicant's name, address and telephone number.
* The identity of the applicant's employer if the applicant is currently employed as a humane officer.
* The date on which the applicant passed the examination required for initial certification.
* A fee of $25.
The Department must grant or deny a certification application within 30 days after the Department receives a complete application form.
Certification Renewal
A certification expires on December 31 of each odd-numbered year. A humane officer wishing to renew his or her certification must submit a renewal application on a form provided by the Department. The renewal application must include all the following:
• The applicant's name, address and telephone number.
• The identity of the applicant's employer if the applicant is currently employed as a humane officer.
• A renewal fee of $25.
• Information showing that the applicant has satisfied applicable continuing education requirements. The information must identify and describe the continuing education programs attended.
A humane officer must complete 32 hours of continuing education during each biennium for which the humane officer is certified. (This requirement does not apply during the biennium for which the person is initially certified.) The Department does not pre-approve continuing education programs. However, the Department may refuse to accept a continuing education program that is unrelated to a humane officer's duties.
Examination
Under this rule, a person who wishes to be certified as a humane officer must pass an examination administered by the Department. (No examination is required for certification renewal.) The examination will test applicants on animal husbandry and care practices, as well as applicable laws and investigative procedures. To pass the examination, an applicant must achieve a passing score on each part of the examination.
A person wishing to take the examination must provide his or her name, address and telephone number, pay a $25 examination fee, and show that he or she is eligible to take the examination. A person is eligible to take the examination if one of the following applies:
• The person has completed an initial training program (see below). The applicant must identify the training program attended, including the program title, sponsor and dates.
• The person is exempt from initial training (see below).
A person who is exempt from initial training, but who fails the examination, must complete the initial training program before retaking the exam. A person who twice fails the examination may not retake it.
Initial Training
A person must complete an initial training program before taking the humane officer examination, except that the following persons are exempt if they pass the examination on the first attempt:
• A person employed as a humane officer in Wisconsin before December 1, 1999.
• A veterinarian.
• A person who has served as a humane officer in another state.
An initial training program must be sponsored or pre-approved by the Department. The Department will charge a fee to cover the cost of the initial training program which it sponsors. Other sponsors may apply for approval of their training programs (see below).
An initial training program must provide at least 40 hours of training in the following areas:
• At least 16 hours of training in animal husbandry and care practices including the following:
* At least 10 hours of training related to farm animals. A portion of this training must be practical on-site training at a farm location.
* At least 4 hours of training related to domestic non-farm animals.
* At least 2 hours of training related to exotic animals, pet stores, animal collectors or other relevant animal care issues.
• At least 24 hours of legal and investigative training including:
* At least 4 hours of training related to the legal system, the role of the animal cruelty investigator, Wisconsin laws related to animals, and other applicable laws.
* At least 4 hours of training related to the rules of evidence, and the collection and preservation of evidence.
* At least 4 hours of training related to interview and interrogation techniques, stages of the investigation and courtroom testimony.
* At least 4 hours of training on search and seizure law, and on photographing, video taping or sketching the scene of the investigation.
* At least 4 hours of training related to report writing.
* At least 4 hours of training related to crisis intervention, humane officer safety and civil liability.
Initial Training Programs; Approval
The sponsor of an initial training program may apply to the Department for approval of that training program. The application must include the following information:
• A detailed outline showing the topics covered, the number of hours devoted to each topic, and the content of each topic.
• The identity and credentials of program instructors.
• The training location, including the location of any on-site farm training.
• A copy of the certificate that the sponsor will provide to persons who successfully complete the course, and the identity of each person authorized to sign certificates for the sponsor.
The Department must approve or disapprove a training program within 30 days after the Department receives a complete application from the program sponsor.
Humane Officer Appointments; Reporting
Under s. 173.27 (4), Stats., the Department must keep a current registry of all persons serving as humane officers. Under s. 173.03 (1), Stats., a county, city, village or town must report to the Department whenever that local entity appoints or terminates a humane officer. This rule requires the local entity to file the report in writing within 30 days after it appoints or terminates the humane officer. The report must include all the following.
• The identity of the local entity.
• The name and address of the humane officer.
• The humane officer's certification number if the humane officer is currently certified by the Department.
• The date of the humane officer's appointment or termination.
Fiscal Estimate
See page 25 of the May 31, 1999 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See page 25 of the May 31, 1999 Wis. Adm. Register.
Notice of the proposed rule has been delivered to the Department of Development, as required by s. 227.114 (5), Stats.
Notice of Hearings
Agriculture, Trade and Consumer Protection
▶ Reprinted from the May 31, 1999 Wis. Adm. Register.
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rule amendments to ch. ATCP 34, Wis. Adm. Code, relating to the collection of unwanted agricultural chemicals and containers (Agricultural Clean Sweep).
Written Comments
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and comment on the proposed rule. The Department also invites comments on the draft environmental impact statement which accompanies the rule. Following the public hearings, the hearing record will remain open until July 2, 1999 for additional written comments.
Hearing Information
Two hearings are scheduled:
Date and Time Location
June 23, 1999 Prairie Oak State Office Bldg.
Wednesday Wis. DATCP
afternoon session: 2811 Agriculture Dr.
1:00 - 5:00 p.m. MADISON, WI 53708
June 24, 1999 Portage County
Thursday Courthouse Annex
afternoon session: 1462 Strongs Ave.
1:00 - 5:00 p.m. STEVENS POINT, WI 54481
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by June 11, 1999 either by writing to Paula Noel, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708, (608) 224-4505 or by contacting the message relay system (TTY) at (608) 224-5058. Handicap access is available at the hearings.
Copies of Rule
A copy of the rule may be obtained, free of charge, from the Wisconsin Department of Agriculture, Trade, and Consumer Protection, Agricultural Resource Management Division, 2811 Agricultural Drive, Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4505. Copies will also be available at public meetings.
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutory Authority: S. 93.55
Statute Interpreted: S. 93.55
This rule modifies current rules related to the Department's agricultural “clean sweep" program. The agricultural “clean sweep" program is designed to collect and safely dispose of unused agricultural chemicals and containers that might otherwise pose a threat to public health and the environment. Current agricultural “clean sweep" rules are contained in ch. ATCP 34, Wis. Adm. Code.
Under the agricultural “clean sweep" program, the Department awards grants to counties that sponsor agricultural “clean sweep" events, including temporary and permanent events. Counties contract with licensed hazardous waste contractors to collect, pack, transport and dispose of collected materials.
Grant Recipients
This rule reiterates (per s. 93.55, Stats.) that the Department may award “clean sweep" grants only to counties (or to an association of counties formed to conduct a “clean sweep" project). But under this rule, a county (or association of counties) may enter into an agreement with another person or entity to administer a “clean sweep" grant on behalf of the county (or association).
County Contribution
