Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 1, relating to administrative orders and contested cases.
Objective of the Rule
Update and clarify current procedural rules related to DATCP administrative orders and “contested case" hearings.
Policy Analysis
DATCP enforces a number of statutes, including chs.
88,
91 to
100 and
126, Stats. In the administration of these statutes, DATCP often takes formal administrative enforcement actions prescribed by statute. These may include administrative “orders" such as license suspensions or revocations, administrative injunctions (e.g., orders prohibiting unfair business practices), hazardous product bans, holding orders to prohibit the distribution of adulterated food or commodities, plant and animal quarantine orders, orders condemning adulterated food or diseased animals, and a variety of other orders specified by statute.
Some types of orders may be issued by DATCP division administrators or staff, while others may only be issued by the DATCP Secretary or designee. Persons adversely affected by a DATCP order are normally entitled to a “contested case" hearing. The hearing is conducted according to procedures provided under ch.
227, Stats., and ch.
ATCP 1, Wis. Adm. Code. The hearing normally precedes the order, except that some orders may be issued on a summary basis subject to a prompt follow-up hearing.
An impartial administrative law judge (ALJ) presides over a “contested case" hearing. DATCP is currently in the process of transferring its ALJ functions to the Department of Administration, Division of Hearings and Appeals. ALJ's from the Division of Hearings and Appeals will conduct DATCP “contested case" hearings, subject to procedures provided in ch.
227, Stats., and ch.
ATCP 1.
The DATCP Secretary or designee typically makes the final decision in a “contested case," after reviewing the ALJ's proposed decision. The final decision is subject to judicial review, as provided in ch.
227, Stats.
This rule may make the following changes to DATCP's current “contested case" rules under ch.
ATCP 1:
•
Clarify and update procedures for assigning a case to an ALJ.
•
Clarify and update procedural rules related to “contested cases," including recovery proceedings under Wisconsin's Agricultural Producer Security Law, ch.
126, Stats.
•
Clarify and update rules relating to the award of costs and attorneys fees in contested cases.
•
Make other changes, as necessary, to clarify and update current rules.
Policy Alternative
No change. If DATCP takes no action, current rules will remain in effect. However, the current rules are outdated and inconsistent in certain respects. This rule will clarify and update current rules.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
This rule may affect the following persons and entities, among others:
Persons licensed by DATCP.
Persons engaged in businesses regulated by DATCP.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.5 FTE staff annually to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, and holding public hearings. DATCP will use existing staff to develop this rule.
