126.70(5)(c)
(c) The department shall subtract from the allowed claim amount any offsetting payments made by the contractor and any obligations for which the claimant is liable to the contractor.
126.70(6)
(6) Proposed decision. After the department completes its audit under sub.
(4), the department shall issue a proposed decision. The department shall mail or deliver a copy of the proposed decision to the contractor and each claimant. The department shall do all of the following in the proposed decision:
126.70(6)(a)
(a) Specify proposed findings of fact, proposed conclusions of law, and a proposed order.
126.70(6)(b)
(b) Allow or disallow each default claim and specify the amount of each allowed claim. The department may disallow part of a claim.
126.70(6)(c)
(c) Specify, for each allowed claim, the amount that the department is authorized to pay under s.
126.71.
126.70(6)(d)
(d) Specify the method, under s.
126.71, by which the department will pay the authorized amounts under par.
(c).
126.70(6)(e)
(e) Explain a claimant's right under s.
126.87 (4) to seek court recovery of that portion of an allowed claim that is not paid by the department.
126.70(6)(f)
(f) Specify a date by which the contractor or claimant may file written objections to the proposed decision.
126.70(6)(g)
(g) Specify any further actions required of a claimant, including any further actions required to obtain payment under a trade credit insurance policy or other contingent financial backing under s.
126.06.
126.70(7)
(7) Final decision if no objections. If no contractor or claimant files a timely written objection to the proposed decision under sub.
(6), the department may issue the proposed decision as the department's final decision in the recovery proceeding, without further notice or hearing. The department shall mail or deliver a copy of the final decision to the contractor and each claimant.
126.70(8)
(8) Objections to proposed decision; notice, hearing, and final decision. 126.70(8)(a)(a) If a contractor or claimant files a timely written objection to the proposed decision under sub.
(6), the department shall hold a public hearing on the objection. The department shall follow applicable contested case procedures under ch.
227. The department may hear all objections in a single proceeding. At the conclusion of the contested case proceeding, the department shall issue a final decision affirming or modifying the proposed decision under sub.
(6).
126.70(8)(b)
(b) The department may issue a final decision under sub.
(7) related to default claims that are not affected by objections under par.
(a), regardless of whether the department has completed the contested case proceeding under par.
(a).
126.71
126.71
Paying default claims. 126.71(1)(1)
Claims against contributing contractor. Except as provided in sub.
(2) or
(3), the department shall pay from the appropriate sources under s.
126.72 the following default claim amounts:
126.71(1)(a)
(a) For each default claim allowed under s.
126.70 against a grain dealer or milk contractor who was a contributing contractor when the default occurred:
126.71(1)(a)2.
2. Seventy-five percent of any amount allowed in excess of $60,000.
126.71(1)(b)
(b) For each default claim allowed under s.
126.70 against a grain warehouse keeper who was a contributing contractor when the default occurred, 100 percent of the first $100,000 allowed.
126.71(1)(c)
(c) For each default claim allowed under s.
126.70 against a vegetable contractor who was a contributing contractor when the default occurred:
126.71(1)(c)4.
4. Seventy-five percent of any amount allowed in excess of $120,000.
126.71(1m)
(1m) When default occurs. For the purposes of this chapter, a default occurs on the date on which payment or delivery becomes overdue.
126.71(2)
(2) Claims against contractor who has filed security. If the department allows default claims under s.
126.70 against a contractor who has security on file with the department, the department shall convert that security and use the proceeds as follows:
126.71(2)(a)
(a) If the contractor was not a contributing contractor when the default occurred, the department shall use the security proceeds to pay the full amount of the allowed claims, except that, if the security is not adequate to pay the full amount of the allowed claims, the department shall pay claimants on a prorated basis in proportion to their allowed claims.
126.71(2)(b)
(b) If the contractor was a contributing contractor when the default occurred, the department shall use the security proceeds to reimburse the sources under s.
126.72 from which the department makes any claim payment under sub.
(1). If the security amount exceeds the amount payable under sub.
(1) from the sources under s.
126.72, the department shall use the remaining security proceeds to pay the balance of the allowed claims. If the security amount is not adequate to pay the full remaining balance, the department shall pay claimants on a prorated basis in proportion to their allowed claims.
126.71(2)(c)
(c) Notwithstanding par.
(b), if the contractor was a contributing contractor when the default occurred, the department may, at its discretion, pay claims directly from security proceeds rather than from a fund source under s.
126.72. If the department acts under this paragraph, the department shall first pay claims in the amounts provided in sub.
(1). If the security amount exceeds the amount payable under sub.
(1) from the sources under s.
126.72, the department shall use the remaining security proceeds to pay the balance of the allowed claims. If the security amount is not adequate to pay the full remaining balance, the department shall pay claimants on a prorated basis in proportion to their allowed claims.
126.71(3)(a)
(a) The department may not pay any portion of the following from any source identified in s.
126.72:
126.71(3)(a)4.
4. A default claim allowed against a contractor who was not a contributing contractor when the default occurred.
126.71(3)(a)5.
5. A default claim allowed against a vegetable contractor who is a processing potato buyer, as defined in s.
126.55 (10r), if the default claim is related to a default on an obligation that was outstanding when the processing potato buyer's participation in the fund became effective under s.
126.595 (2).
126.71(3)(b)
(b) The department may not pay any default claim under this chapter, except as provided in sub.
(1) or
(2).
126.71(3)(c)
(c) If the total amount of default claims exceeds the amount available under s.
126.72, the department shall prorate the available amount among the eligible claimants in proportion to the amount of their allowed claims.
126.71(4)
(4) Effect of payment. A claimant who accepts payment under sub.
(1) or
(2) releases his or her claim against the contractor to the extent of the payment. A payment under sub.
(1) or
(2) does not prevent a claimant from recovering the balance of an allowed claim directly from the contractor.
126.72
126.72
Claims against contributing contractor; payment sources. 126.72(1)(1)
Producer security fund. From the appropriation under s.
20.115 (1) (w), the department shall make payments authorized under s.
126.71 (1), up to the deductible amount in sub.
(3).
126.72(2)
(2) Proceeds of contingent financial backing. The department, at the direction of the secretary of agriculture, trade and consumer protection, shall draw on the contingent financial backing acquired under s.
126.06 to make payments authorized under s.
126.71 (1), to the extent that those payments exceed the deductible amount in sub.
(3). If the contingent financial backing is in the form of a trade credit insurance policy that appears to cover the authorized payments, the department shall file a claim against the policy.
126.72(3)
(3) Deductible amount. The deductible amount, for purposes of subs.
(1) and
(2), is 60 percent of the cash balance in the agricultural producer security fund on the last day of the month preceding the month in which the default occurs.
126.73
126.73
Reimbursing payments. 126.73(1)(1)
Generally. Except as provided in sub.
(2) or
(3), the department may demand and collect from a contractor any claim amounts that the department pays under s.
126.72 (1) or under s.
126.72 (2) with the proceeds of contingent financial backing under s.
126.06 (1) because of the contractor's default.
126.73(2)
(2) Bond payments. A bond surety may demand and collect, from a contractor, any claim amounts that the bond surety pays to the department under s.
126.72 (2) because of the contractor's default. The bond surety shall provide the department with a copy of each demand under this subsection.
126.73(3)
(3) Trade credit insurance payments. If the department files a claim against a trade credit insurance policy under s.
126.72 (2) and obtains and uses proceeds from the insurance policy to make payments authorized under s.
126.72 (2), the trade credit insurer may demand and collect the amount of those payments from the defaulting contractor.
126.73(4)
(4) Subrogation. The department is subrogated to the rights of a claimant who obtains a payment under s.
126.72 (1) or
(2) in an amount equal to the payment, against the defaulting contractor and against any party that would otherwise be liable to the claimant for the amount of the default.
ADMINISTRATION AND ENFORCEMENT
126.78
126.78
Definitions. In this subchapter:
126.78 History
History: 2001 a. 16.
126.80
126.80
Department authority; general. The department shall administer this chapter.
126.80 History
History: 2001 a. 16.
126.81(1)(1)
The department may promulgate rules to do any of the following:
126.81(1)(d)
(d) Require a contractor to notify producers and producer agents of the contractor's license, security, or fund contribution status under this chapter.
126.81(2m)
(2m) The department shall promulgate rules to do all of the following:
126.82
126.82
Investigations. The department may conduct investigations that it considers necessary for the administration of this chapter, including investigations to determine any of the following:
126.82(1)
(1) Whether a contractor complies with this chapter.
126.82(2)
(2) Whether a contractor is able to honor contract obligations when due.
126.82(3)
(3) Whether a contractor has failed to honor contract obligations when due.
126.82(4)
(4) Whether a grain warehouse keeper has sufficient grain on hand to meet the grain warehouse keeper's obligations to depositors.
126.82(5)
(5) The nature and amount of a contractor's storage obligations or other contract obligations.
126.82 History
History: 2001 a. 16.
126.83
126.83
Information. The department may require a contractor to provide information that is relevant to the administration and enforcement of this chapter.
126.83 History
History: 2001 a. 16.
126.84
126.84
Records; confidentiality. 126.84(1)(1)
Public records exemption. The following records obtained by the department under this chapter are not open to public inspection under s.
19.35:
126.84(1)(b)
(b) A contractor's purchase, storage, or procurement records.
126.84(2)
(2) Use of records in court or administrative proceedings. Notwithstanding sub.
(1), the department may introduce any information obtained under this chapter in a court proceeding or administrative contested case, subject to any protective order that the court or administrative tribunal determines to be appropriate.
126.84 History
History: 2001 a. 16.
126.85
126.85
Remedial orders.
