ATCP 21.03(4)(4) Proof of service. Service of an order under sub. (1) or (2) may be proved by affidavit or certified mail return receipt.

ATCP 21.03(5)(5) Contents of order. An order under sub. (1) or (2) shall contain the following information:

ATCP 21.03(5)(a)(a) The name and address of a person having custody or control of the property or material affected by the order, if known.

ATCP 21.03(6)(6) Duration of quarantine. A quarantine under sub. (1) remains in effect until the department releases the quarantine in writing, unless the quarantine is set aside after review under sub. (7).

ATCP 21.03(7)(7) Review of orders. A person adversely affected by an order under sub. (1) or (2) may, within 10 days after the order is served, request a hearing before the department to review the order. The department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving a request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing before the department under ch. 227, Stats. A request for hearing does not stay an order under sub. (1) or (2).

ATCP 21.04(1)(1) Permit required. Except as provided under sub. (2), no person may knowingly do any of the following without a permit from the department as required under s. 94.03, Stats.:

ATCP 21.04 NoteNote: Under s. 146.60, Stats., if the release of a genetically engineered organism is subject to review or regulation by a federal agency, no person may release that organism into the environment of this state without first notifying the department or the department of natural resources. The notification requirement under s. 146.60, Stats., may apply, regardless of whether the genetically engineered organism is a pest or biological control agent for which a permit is required under this section.

ATCP 21.04(2)(2) Exemptions. No permit is required under sub. (1) for any of the following:

ATCP 21.04(2)(b)(b) A pesticide registered by the department under s. ATCP 29.72 to meet a special local need in this state.

ATCP 21.04(2)(c)(c) A pesticidal material distributed or used under an experimental use permit issued by the department under s. ATCP 29.71.

ATCP 21.04(2)(d)(d) A pest or biological control agent which is indigenous throughout this state, provided that the pest or biological control agent is not restricted by federal or state rule or quarantine order.

ATCP 21.04(2)(e)(e) An agricultural, horticultural, or silvicultural plant that suppresses or controls plant pests or pathogens, provided that the plant has not been declared to be a pest under state or federal law.

ATCP 21.04(3)(3) Generic permits. The department may issue a generic permit for recurring similar movements of pests or biological control agents by a permit holder, under conditions prescribed by the department.

ATCP 21.04(4)(4) Permit conditions. The department may prescribe permit conditions which it considers necessary to prevent or limit a pest hazard in this state.

ATCP 21.04(5)(5) Permit application. A permit application shall be made in writing on a form prescribed by the department. An application shall include all relevant information required by the department, including environmental assessment information if required under ch. ATCP 3.

ATCP 21.04(6)(6) Action on permit.

ATCP 21.04(6)(a)(a) The department shall act on a permit application within 30 business days after a complete application is filed with the department, except that the department shall act:

ATCP 21.04(6)(a)1.1. Within 60 days if the applicant seeks a permit to move a genetically engineered pest or biological control agent.