ATCP 1.03(3)(a)2.2. Request an informal hearing on the summary special order. A request for informal hearing may be made to the secretary or, if the summary special order is issued by a division, to the issuing division. The request shall be in writing. The request shall briefly identify the summary special order on which an informal hearing is requested, how the order causes or threatens substantial harm to the requester, the material facts or legal issues in dispute, and the relief requested. ATCP 1.03(3)(b)(b) If it is not clear whether a requester under par. (a) is requesting a contested case hearing or an informal hearing or both, the department may require the requester to specify the type of hearing requested. A request for an informal hearing does not preclude a subsequent request for a contested case hearing. ATCP 1.03(3)(c)(c) The department shall hold a prompt informal hearing in response to a request under par. (a) 2. An informal hearing is not subject to contested case hearing procedures under this chapter or ch. 227, Stats. The department shall hold the informal hearing as soon as reasonably possible, but not more than 20 days after the department receives the hearing request, unless the requester agrees to a later date. The department may hold the informal hearing in person or by telephone. ATCP 1.03(3)(d)(d) An informal hearing under par. (c) shall be conducted by an individual who was not involved in the investigation of the case, or in the decision to issue the summary special order. The individual conducting the informal hearing may not act as administrative law judge in any contested case hearing conducted on the same summary special order. ATCP 1.03(3)(e)(e) A person conducting an informal hearing under par. (c) may stay or modify the summary special order or, if the order was issued by the secretary or division administrator, recommend a stay or modification to the secretary or division administrator. ATCP 1.03(3)(f)(f) A request for hearing under par. (a) does not automatically stay or modify a summary special order. ATCP 1.03(4)(4) Special order against out-of-state person. Unless limited by statute, the department’s jurisdiction to issue a special order against an out-of-state person is commensurate with the jurisdiction of a court under s. 801.05, Stats. ATCP 1.03 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; cr. (1) (a) 10., Register, August, 1994, No. 464, eff. 9-1-94; am. (1) (a) 2., Register, June 1995, No. 474, eff. 7-1-95; am. (1) (b) 6. and (3) (d), Register, June, 1999, No. 522, eff. 7-1-99; cr. (1) (a) 11. and 12., am. (2) (b) 2., Register, November, 2000, No. 539, eff. 12-1-00; correction in (1) (a) 2. made under s. 13.93 (2m) (b) 7., Stats; CR 02-113: am. (1) (a) 2. Register April 2003 No. 568, eff. 5-1-03; correction in (1) (a) 12. made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586; CR 06-009: am. (1) (a) 11. and 12. Register September 2006 No. 609, eff. 10-1-06; CR 09-054: am. (1) (a) 4., 12., cr. (2) (b) 3., r. and recr. (3) Register December 2010 No. 660, eff. 1-1-11; CR 16-013: renum. (2) (a) to (2) and am., r. (2) (b) Register August 2016 No. 728, eff. 9-1-16; correction in (2) made under s. 35.17, Stats., Register August 2016 No. 728. ATCP 1.04ATCP 1.04 Final orders in contested cases. The final decisionmaker shall, on behalf of the department, issue every final decision and final order in a contested case, as provided under s. ATCP 1.31. An order dismissing any party, proceeding or cause of action is a final order under this section. ATCP 1.04 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92. ATCP 1.05ATCP 1.05 Complaint requesting special order. ATCP 1.05(1)(1) Division complaints. To obtain a special order from the secretary or final decisionmaker, other than in a recovery proceeding, a division shall file a written complaint with the secretary. The complaint shall be signed by the division administrator or designee, or other employee in a specified position in the division when the division administrator or designee is designated to sign the final order, and shall comply with sub. (3). ATCP 1.05 NoteNote: A complaint may be filed with the secretary at the following address:
ATCP 1.05 NoteSecretary
Wisconsin Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
ATCP 1.05(2)(b)(b) Before filing a complaint with the secretary under s. 100.20 (4), Stats., the department of justice shall provide a copy of the complaint to the trade and consumer protection division. ATCP 1.05(3)(3) Complaint form and contents. A complaint shall be captioned as provided under s. ATCP 1.13 (2), and shall include all of the following: ATCP 1.05(3)(b)(b) The statutory authority under which the complaint is filed. ATCP 1.05(3)(c)(c) The identity and address of each respondent against whom the complaint is filed. ATCP 1.05(3)(d)(d) An identification of the statutes, rules or orders, if any, which each respondent allegedly violated. ATCP 1.05(3)(e)(e) A concise statement of facts constituting the alleged violations, or forming the basis for the complaint. ATCP 1.05(3)(f)(f) A concise statement describing the order requested of the secretary, designee, or final decisionmaker, and the department’s authority to issue that order. ATCP 1.05(3)(g)(g) If the complainant seeks a summary special order, the additional material required under sub. (5) (b). ATCP 1.05 NoteExample: If a division seeks a special order suspending a retail food establishment license, the division’s complaint may be captioned as follows:
