ATCP 48.49(8) (8) Control and audit. The county drainage board treasurer shall do all the following:

ATCP 48.49(8)(a) (a) Exercise sound fiscal control over funds received, to prevent misappropriation or misdirection of funds.

ATCP 48.49(8)(b) (b) Account for all funds received and expended.

ATCP 48.49(8)(c) (c) File periodic accountings with the county drainage board, as requested by the board.

ATCP 48.49(8)(d) (d) Make records and accounts available, upon request, for audit by the state of Wisconsin, the county drainage board or the county.

ATCP 48.49 History History: CR 01-004: cr. Register January 2002 No. 553, eff. 2-1-02.

ATCP 48.50 ATCP 48.50 Investigations. The department may investigate violations of this chapter. The department may conduct a preliminary investigation under s. 93.16, Stats., and may exercise its authority under ss. 93.14 and 93.15, Stats., in support of any investigation. Pursuant to ss. 88.13 and 93.08, Stats., the department or its agent may enter onto lands to inspect for compliance with this chapter.

ATCP 48.50 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

ATCP 48.52 ATCP 48.52 Compliance orders.

ATCP 48.52(1) (1) Authority. The department may, without prior notice or hearing, issue an order which does any of the following:

ATCP 48.52(1)(a) (a) Prohibits the construction or modification of a district drain or corridor if the department finds that the construction or modification violates this chapter. An order under this paragraph shall specify the activity prohibited by the order, and shall specify why that activity violates this chapter.

ATCP 48.52(1)(b) (b) Requires a county drainage board to file with the department a specific maintenance and repair plan for a drainage district.

ATCP 48.52(1)(c) (c) Requires a county drainage board to file with the department a copy of any record or report required under this chapter.

ATCP 48.52(1)(d) (d) Requires a county drainage board to comply with applicable requirements under this chapter.

ATCP 48.52 Note Note: See s. 88.11 (6) and (7), Stats.

ATCP 48.52(2) (2) Who may issue. An order under sub. (1) may be issued by the administrator of the department’s division of agricultural resource management, or by a person designated in writing by that division administrator.

ATCP 48.52(3) (3) Violations prohibited. No person may violate an order issued by the department under sub. (1).

ATCP 48.52(4) (4) Form and contents. An order under sub. (1) shall be issued in writing, and shall include all of the following:

ATCP 48.52(4)(a) (a) The name or number of the drainage district.

ATCP 48.52(4)(b) (b) The name of the person to whom the order is issued.

ATCP 48.52(4)(c) (c) Notice that persons adversely affected by the order may request a hearing to contest the order, or to demonstrate compliance with conditions specified for withdrawal of the order.

ATCP 48.52(5) (5) Serving the order.

ATCP 48.52(5)(a) (a) An order under sub. (1) shall be served on the person to whom it is directed. An order may be served in person or by mail. If an order is directed to the county drainage board, the department shall serve the order on at least one member of the county drainage board. The department shall mail or deliver a copy of every order under sub. (1) to the county drainage board, regardless of whether the order is directed to the county drainage board.

ATCP 48.52 Note Note: Any person, including but not limited to the county sheriff, may personally serve an order on behalf of the department. If necessary, the department may prove service by means of an affidavit of mailing, a certified mail return receipt, or an affidavit of service.

ATCP 48.52(5)(b) (b) An order under sub. (1) takes effect immediately after it is served on the person to whom it is directed.

ATCP 48.52(6) (6) Withdrawing or modifying the order. A person adversely affected by an order under sub. (1) may request the department to withdraw or modify the order. A request under this subsection shall specify the reasons justifying the request. A request may be made orally, but the department may require the requester to confirm the request in writing. The department may withdraw or modify the order as appropriate.

ATCP 48.52 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

ATCP 48.54 ATCP 48.54 Hearing on compliance order.

ATCP 48.54(1) (1) Request for hearing. A person adversely affected by an order under s. ATCP 48.52 may request a hearing before the department to contest the order. A request may be made orally, but the department may require the requester to confirm the request in writing. A request for hearing does not automatically stay an order issued under s. ATCP 48.52.