ATCP 1.01(13)(13)“Final decisionmaker” means the secretary, or a person whom the secretary appoints, in writing, to issue a final decision in a contested case. “Final decisionmaker” may include an administrative law judge whom the secretary appoints as final decisionmaker.
ATCP 1.01(14)(14)“Hearing” means a contested case hearing under ch. 227, Stats., except as otherwise provided in this chapter.
ATCP 1.01(15)(15)“Intervenor” means an interested or affected person who files a request to be admitted, and who is admitted as a party in a contested case. “Intervenor” does not include a complainant, respondent, petitioner or claimant.
ATCP 1.01(16)(16)“License” has the meaning specified under s. 227.01 (5), Stats.
ATCP 1.01(17)(17)“Order determining claims” means an order allowing or disallowing producer or depositor claims in a recovery proceeding.
ATCP 1.01(18)(18)“Party” means any of the following persons or entities, unless that person or entity is dismissed as a party:
ATCP 1.01(18)(a)(a) A division which appears or is named as a party.
ATCP 1.01(18)(b)(b) A complainant.
ATCP 1.01(18)(c)(c) A respondent who has been served with a complaint or notice from the department identifying him or her as a respondent.
ATCP 1.01(18)(d)(d) A petitioner.
ATCP 1.01(18)(e)(e) A claimant.
ATCP 1.01(18)(f)(f) An intervenor.
ATCP 1.01(19)(19)“Person” includes a natural person, corporation, partnership, association, trust, division of the department, or other government or business entity.
ATCP 1.01(20)(20)“Petitioner” means a person who files a request for a hearing or declaratory ruling under this chapter.
ATCP 1.01(21)(21)“Proceeding” means a contested case proceeding before the department under ch. 227, Stats.
ATCP 1.01(22)(22)“Recovery proceeding” means a proceeding initiated by the department under subch. VII of ch. 126, Stats., to determine the amount of allowable producer or depositor claims against a vegetable contractor, milk contractor, grain warehouse keeper or grain dealer.
ATCP 1.01(23)(23)“Representative” means an attorney or other person authorized by a party to represent that party in a contested case.
ATCP 1.01(24)(24)“Respondent” means either of the following:
ATCP 1.01(24)(a)(a) A person against whom a complaint is filed.
ATCP 1.01(24)(b)(b) A person, other than a complainant, petitioner, claimant or intervenor, who is named as a party to a proceeding.
ATCP 1.01(25)(25)“Secretary” means the secretary of the department.“Secretary” includes both of the following:
ATCP 1.01(25)(a)(a) The deputy secretary of the department.
ATCP 1.01(25)(b)(b) A department official whom the secretary has specifically authorized to act on the secretary’s behalf.
ATCP 1.01(26)(26)“Special order” means an enforceable or purportedly enforceable administrative order that the department issues against a named or identified person under chs. 88 to 100, Stats., or ch. 126, Stats.,or other laws administered by the department. “Special order” includes special orders identified under s. ATCP 1.03 (1) (a). “Special order” does not include any of the actions listed under s. ATCP 1.03 (1) (b).
ATCP 1.01(27)(27)“Subpoena” means a command to give testimony or provide evidence.
ATCP 1.01(28)(28)“Summary special order” means a special order which the department issues without prior notice to the order recipient, or without a prior opportunity for the order recipient to appear or contest the order.
ATCP 1.01(29)(29)“Trade and consumer protection division” means the trade and consumer protection division of the department.
ATCP 1.01 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; renum. (1) to (10) to be (2) to (11) and renum. (11) to be (1) and am., am. (12) (c) and (13), Register, June, 1999, No. 522, eff. 7-1-99; CR 02-113: am. (26) Register April 2003 No. 568, eff. 5-1-03; corrections in (2), (3), (4) and (14) made under s. 13.93 (2m) b. 7., Stats., Register April 2003 No. 568; CR 09-054: am. (1) to (4), r. (14), renum. (15) to (22) to be (14) to (21) and am. (17), cr. (22) Register December 2010 No. 660, eff. 1-1-11.
subch. II of ch. ATCP 1Subchapter II — Orders