Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 1-9 - General
Chapter ATCP 1 - Administrative Orders And Contested Cases
Subchapter II - Orders
Section ATCP 1.03 - Special orders

Universal Citation: WI Admin Code ยง ATCP 1.03

Current through August 26, 2024

(1) ORDERS INCLUDED.

(a) A "special order," as defined in s. ATCP 1.01(26), includes all of the following:
1. An order suspending, revoking or imposing conditions on a license.

2. An administrative injunction, including any order issued under s. 88.11(7), 94.645(4), 94.71(3) (c), 97.12(3) (a), 100.19(3), 100.20(3), 100.201(9) (b), 100.21(4), 100.22(4) (a), 100.30(5) (a) or 126.85, Stats.

3. An order banning or restricting the sale of a hazardous consumer product or household substance, including any order issued under s. 100.37(2) (e), 100.41(5), 100.42(3) or 100.43(4) (b), Stats.

4. An order determining claims in a recovery proceeding.

5. A temporary holding order or stop sale order, including any order issued under s. 94.10(2) (b), 94.46, 94.64(11), 94.65(10), 94.71(2), 94.72(13), 95.72(4) (d), 97.12(2), 97.42(9) (b) 1 or 100.37(5), Stats.

6. An order for the quarantine, control, destruction or disposal of plants, plant pests or animals, including any order issued under s. 94.01, 94.02, 94.10(2) (b), 94.76(1), 95.20, 95.23 or 95.31, Stats.

7. An order condemning unwholesome or adulterated animal carcasses, meat or food, including any order issued under s. 95.72(4) (d), 97.12(2) or 97.42(9) (b) 2, Stats.

8. An order prohibiting the use of specified equipment or facilities, including any order issued under s. 95.72(6) (c), 97.42(9) or 98.05, Stats.

9. A subpoena or formal investigative demand, except as provided under par. (b) 4. or 5.

10. A corrective action order under s. 94.73(2), Stats.

11. Animal health import requirements that the state veterinarian imposes on an import permit holder under s. ATCP 10.07(1) (b), unless the department has adopted those import requirements by rule.

12. A temporary animal hold order issued under s. ATCP 10.90 or a destruction or removal order issued under s. ATCP 10.91.

(b) The term "special order," as defined in s. ATCP 1.01(26), does not include any of the following:
1. A rule.

2. A warning notice.

3. A division's denial of an initial license application.

4. A division's nonrenewal of a license if the license holder fails to file a required renewal application or pay a required fee.

5. A subpoena or discovery demand issued in a contested case proceeding by a party or the party's representative.

6. An order issued by an administrative law judge or final decisionmaker in a contested case, other than an order identified under par. (a).

(2) WHO MAY ISSUE A SPECIAL ORDER. The secretary or final decisionmaker may issue a special order on behalf of the department. Except for any order described in sub. (1) (a) 4., the secretary, in writing, may designate any division administrator, or other employee in a specified position in the department, to issue any order described in sub. (1)(a).

(3) SUMMARY SPECIAL ORDER; HEARING.

(a) If the department issues a summary special order against any person, that person may do any or all of the following:
1. Request a contested case hearing on the summary special order, pursuant to s. ATCP 1.06.

2. Request an informal hearing on the summary special order. A request for informal hearing may be made to the secretary or, if the summary special order is issued by a division, to the issuing division. The request shall be in writing. The request shall briefly identify the summary special order on which an informal hearing is requested, how the order causes or threatens substantial harm to the requester, the material facts or legal issues in dispute, and the relief requested.

(b) If it is not clear whether a requester under par. (a) is requesting a contested case hearing or an informal hearing or both, the department may require the requester to specify the type of hearing requested. A request for an informal hearing does not preclude a subsequent request for a contested case hearing.

(c) The department shall hold a prompt informal hearing in response to a request under par. (a) 2. An informal hearing is not subject to contested case hearing procedures under this chapter or ch. 227, Stats. The department shall hold the informal hearing as soon as reasonably possible, but not more than 20 days after the department receives the hearing request, unless the requester agrees to a later date. The department may hold the informal hearing in person or by telephone.

(d) An informal hearing under par. (c) shall be conducted by an individual who was not involved in the investigation of the case, or in the decision to issue the summary special order. The individual conducting the informal hearing may not act as administrative law judge in any contested case hearing conducted on the same summary special order.

(e) A person conducting an informal hearing under par. (c) may stay or modify the summary special order or, if the order was issued by the secretary or division administrator, recommend a stay or modification to the secretary or division administrator.

(f) A request for hearing under par. (a) does not automatically stay or modify a summary special order.

(4) SPECIAL ORDER AGAINST OUT-OF-STATE PERSON. Unless limited by statute, the department's jurisdiction to issue a special order against an out-of-state person is commensurate with the jurisdiction of a court under s. 801.05, Stats.

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