ATCP 1.07 ATCP 1.07 Request for declaratory ruling.

ATCP 1.07(1) (1) Filing a petition. An interested person may petition the secretary for a declaratory ruling under s. 227.41, Stats., to determine the applicability to that person of any statute or rule enforced by the department. The petition shall comply with s. 227.41 (2), Stats., and shall be filed with the secretary.

ATCP 1.07 Note Note: A petition for declaratory ruling may be filed with the Secretary at the following address:

ATCP 1.07 Note Secretary
Wisconsin Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911

ATCP 1.07(2) (2) Response to petition. Within 30 days after a petition is filed under sub. (1), the secretary shall issue a written notice granting or denying the petition. If the petition is granted, the secretary shall initiate a contested case proceeding under s. 227.41 (1), Stats., by issuing a hearing notice under s. ATCP 1.20. If the petition is denied, the denial notice shall specify the reasons for the denial.

ATCP 1.07 Note Example: A notice denying a petition for declaratory ruling may be captioned as follows:

- See PDF for table

ATCP 1.07(3) (3) Dismissal. Notwithstanding sub. (2):

ATCP 1.07(3)(a) (a) A party may move for dismissal of a proceeding under this section at any point in the proceeding.

ATCP 1.07(3)(b) (b) The final decisionmaker may dismiss a proceeding under this section at any point in the proceeding if the final decisionmaker determines, based on the record, that the proceeding should be dismissed for lack of jurisdiction or other reasons.

ATCP 1.07 Note Note: For example, based on a party’s pre-hearing motion, the administrative law judge and final decisionmaker may conclude that a proceeding for declaratory ruling should be dismissed for jurisdictional or other reasons notwithstanding the secretary’s action under sub. (2).

ATCP 1.07 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; CR 09-054: am. (2), cr. (3) Register December 2010 No. 660, eff. 1-1-11.

ATCP 1.08 ATCP 1.08 Request for recovery proceeding.

ATCP 1.08(1) (1) Division filing. To initiate a recovery proceeding under subch. VII of ch. 126, Stats., the trade and consumer protection division shall file all of the following with the secretary:

ATCP 1.08(1)(a) (a) A written request, signed by the division administrator, asking that a recovery proceeding be initiated.

ATCP 1.08(1)(b) (b) Copies of one or more producer claims alleging a financial default, or other evidence of default under subch. VII of ch. 126, Stats.

ATCP 1.08(1)(c) (c) A proposed default claim filing order.

ATCP 1.08(2) (2) Claim filing order. Upon receiving documents from the trade and consumer protection division under sub. (1), the secretary may initiate a recovery proceeding by issuing a default claim filing order. If the secretary issues a default claim filing order, the department shall publish the default claim filing order as required by subch. VII of ch. 126, Stats.

ATCP 1.08 Note Example: A claim filing order in a dairy plant default proceeding may be captioned as follows:

- See PDF for table

ATCP 1.08(3) (3) Auditing claims; proposed decision. The trade and consumer protection division shall audit claims filed in response to the default claim filing order under sub. (2). Based on its audit, the trade and consumer protection division shall file with the secretary a proposed decision determining claims. The proposed decision shall do all of the following:

ATCP 1.08(3)(a) (a) Specify proposed findings of fact, proposed conclusions of law and a proposed order determining claims and appropriate sources for payment of claims.

ATCP 1.08(3)(b) (b) Allow or disallow each default claim according to s. 126.70 (4), Stats., and specify the amount of each allowed claim.

ATCP 1.08(3)(c) (c) Specify, for each allowed claim, the amount that the department is authorized to pay under s. 126.71, Stats.

ATCP 1.08(3)(d) (d) Specify the method, under s. 126.71, Stats., by which the department will pay the authorized amounts.

ATCP 1.08(3)(e) (e) Explain a claimant’s right under s. 126.87 (4), Stats., to seek court recovery of that portion of an authorized claim that is not paid by the department.

ATCP 1.08(3)(f) (f) Specify a date by which the contractor, claimant, surety or trade credit insurer may file written objections to the proposed decision.

ATCP 1.08(3)(g) (g) If a respondent is covered by the department’s trade credit insurance policy, specify what claimants must do to qualify for coverage under the policy.

ATCP 1.08(3)(h) (h) Include other provisions, if any, that the division finds necessary for the just and orderly determination of claims under ch. 126, Stats.