If an individual who applies for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1)
does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration, registration certificate or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of children and families.
A license, registration, registration certificate or certification specified in sub. (1)
that is issued in reliance on a statement submitted under par. (a)
is invalid if the statement is false.
The department of agriculture, trade and consumer protection may not disclose any information received under sub. (1)
to any person except to the department of children and families in accordance with a memorandum of understanding under s. 49.857
The department shall deny an application for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1)
or shall suspend or restrict a license, registration, registration certificate or certification specified in sub. (1)
for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or a former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5)
and relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857
The department shall deny an application for the issuance or renewal of certification or registration under s. 168.23 (3)
, or shall suspend or restrict such a certification or registration, if the department of revenue certifies under s. 73.0301
that the holder of the certification or registration is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227
that the holder of the certification or registration is liable for delinquent unemployment insurance contributions.
The department shall deny an application for an initial license, certification, or permit issued under s. 89.06
, or, if applicable, an application for renewal of that license, certification, or permit or revoke a license, certification, or permit issued under s. 89.06
, or 89.073
to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d.
stating that the individual is incompetent to apply for or hold that license, certification, or permit.
Power to conduct hearings; secure evidence; witness fees. 93.14(1)(1)
The department or any of its authorized agents may, in relation to any matter within the department's power, conduct hearings, administer oaths, issue subpoenas and take testimony.
The witnesses and officers who subpoena them shall be entitled to the fees allowed in courts of record. Such fees shall be audited and paid by the state in the same manner as other expenses of the department are audited and paid. No witness subpoenaed at the instance of any party other than the department shall be entitled to payment of fees by the state, unless the department certifies that the testimony of such witness was material.
Any person who shall unlawfully fail to attend as a witness or refuse to testify may be coerced as provided in s. 885.12
A record of all hearings shall be kept in the office of the department. All hearings shall be public.
Reports to department; inspections. 93.15(1)(1)
The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.
The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which is in the possession or under the control of any person engaged in business, if such document, or such part thereof, is relevant to any matter which the department may investigate.
No person shall refuse or fail to render any report or answer required under this section at such time and in such manner as the department may prescribe. No person shall refuse, neglect or fail to submit, for the purpose of inspection or copying, any document demanded under this section. No person shall willfully make any false entry or statement in any report or answer required or document demanded under this section. No person shall willfully fail to make full and true entries and statements in any report or answer required or document demanded under this section. No person shall, for the purpose of embarrassing the department in the conduct of any investigation, hearing or proceeding, remove out of the state or mutilate or alter any document. No person shall, except through judicial process, resist or obstruct any official or subordinate of the department in the exercise of the official's or subordinate's lawful authority.
History: 1993 a. 492
A warrantless inspection of a dairy farm under authority of ss. 93.08, 93.15 (2), and 97.12 (1) and related administrative rules made without prior notice and without the owner being present was not unconstitutional. Because the administrative rules govern operations, equipment, and processes not typically conducted in residential areas, the rules and statutes sufficiently preclude making warrantless searches of residences. Lundeen v. DATCP, 189 Wis. 2d 255
, 525 N.W.2d 758
(Ct. App. 1994).
Preliminary investigation. 93.16(1)(1)
The department may, at any time, conduct such preliminary investigation as is necessary and proper to determine whether a hearing or proceeding ought to be begun under the provisions of this chapter.
The authority contained in ss. 93.14
may be used in the conduct of such preliminary investigation.
Immunity; perjury. 93.17(1)(1)
Except as to a hearing or proceeding under s. 93.06 (3)
or as to an investigation preliminary thereto, no person may be excused from testifying or rendering a report or answer or producing or submitting a document, in response to a demand made under s. 93.14
, upon the ground or for the reason that the testimony or report or answer or document required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture; but no natural person may be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or rendering a report or answer or producing or submitting a document, in response to a demand made under s. 93.14
, and no testimony so given or report or answer so rendered or document so produced or submitted may be received against him or her in any criminal action, investigation or proceeding; provided, that no natural person so testifying may be exempt from prosecution and punishment for perjury committed by him or her in so testifying or for misrepresentation or concealment committed by him or her in so rendering a report or answer or so producing or submitting a document.
The immunity provided under sub. (1)
is subject to the restrictions under s. 972.085
History: 1989 a. 122
Hearings; orders; service; procedure; revocation. 93.18(1)(1)
General orders, standards and regulations shall be adopted, amended and repealed as prescribed in ch. 227
The department, in any matter relating to issuing, revoking or amending a special order relating to named persons, except as provided in sub. (3)
, shall serve upon the person complained against a complaint in the name of the department and a notice of a public hearing thereon to be held not sooner than 10 days after such service. The person complained against shall be entitled to be heard in person, or by agent or attorney and shall be entitled to process to compel the attendance of witnesses.
The department, after acting pursuant to s. 100.37
to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2)
The department shall serve a copy of any special order upon the person against whom the order is issued.
Complaint, notice, order or other process of the department may be served as may be a summons, and a subpoena as provided by s. 885.03
, and either may be served by registered mail to an address furnished by the person or concern to either the department or the department of financial institutions. Service may be proved by affidavit. Service in any event may be also by registered mail addressed to the person or concern and proved by the post-office return receipt, in which case the time of service is the date borne by the receipt.
The testimony presented and the proceedings at hearings shall be taken by a stenographic reporter or otherwise recorded and when necessary shall be transcribed. The secretary shall make his or her findings and determination thereon. The department shall make rules of procedure and practice not inconsistent with any law governing such procedure or practice.
Enforcement costs. 93.20(1)(1)
In this section, “action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce ch. 88
, or 846
Enforcement costs order.
If a court imposes costs under s. 814.04
against a defendant in an action, the court may order that defendant to reimburse the department for reasonable, documented enforcement costs incurred by the department to prepare and prosecute that action. The prosecutor shall present evidence of the enforcement costs and the defendant shall be given an opportunity to refute that evidence. If any cost that a court orders a defendant to pay under this section may also be recovered by the department under s. 814.04
, the department may recover that cost only under this section, but that cost is not limited to the amounts specified in s. 814.04
Failing to furnish information.
Any owner or manager of any creamery, cheese factory, butter factory, condensary or milk receiving plant, and any person dealing in or manufacturing dairy products, who fails to furnish the statement prescribed under s. 93.06 (2)
to every person from whom milk is purchased or received, or who fails to comply with s. 93.07 (21)
, shall be fined not to exceed $200 or imprisoned in the county jail not to exceed 6 months or both.
Any person who obstructs or interferes with an officer or employee of the department in the performance of his or her duty or who refuses to permit access or sampling under s. 93.08
May be fined not more than $1,000 or imprisoned for not more than 6 months or both.
In lieu of the penalty under par. (a)
, may be required to forfeit not more than $2,000.
Violation of order or regulation.
Any person who violates s. 93.09 (8)
, 93.10 (2)
or 93.11 (7)
, or who willfully violates or refuses, neglects or fails to obey any order or regulation of the department, shall be punished as in sub. (1)
Failure to obey orders.
Any person who willfully violates s. 93.14 (3)
or 93.15 (3)
, or who willfully violates or refuses, neglects or fails to obey any order issued under s. 93.06 (3)
, shall, for each offense, be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both.
In this subsection, “license" means a permit, certificate, registration, or license issued by the department under chs. 91
, or 173
A person who files an application for the renewal or reissuance of a license after the license has expired shall pay, in addition to the fee for the license, an additional fee equal to 20 percent of the license fee or $5, whichever is greater. For purposes of this section, an application for a license shall not be considered an application for the renewal or reissuance of the license if the application is filed more than one year after the date of expiration of the original license.
Fraudulent use of official seals.
Any person who falsifies, alters, forges, counterfeits or fraudulently issues or uses any official certificate, seal, stamp or mark of the department or any official sealing, stamping or marking device of the department:
May be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.
In lieu of the penalty under par. (a)
, may be required to forfeit not more than $10,000.
Enforcement provisions. 93.22(1)(1)
In cases arising under chs. 88
, and 93
, the department may be represented by its attorney.
The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88
, and 93
. The cost of such special counsel shall be charged to the appropriation for the department.
In any criminal or civil action under chs. 88
, and 93
, any exception, exemption, proviso, excuse, or qualification contained in any of said chapters, or in any order, standard, or regulation thereunder, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation to the matters so specified or negatived, shall be required of the plaintiff.