Current through August 26, 2024
(1) DIVISION
FILING. To initiate a recovery proceeding under subch. VII of ch. 126, Stats.,
the trade and consumer protection division shall file all of the following with
the secretary:
(a) A written request, signed
by the division administrator, asking that a recovery proceeding be
initiated.
(b) Copies of one or
more producer claims alleging a financial default, or other evidence of default
under subch. VII of ch. 126, Stats.
(c) A proposed default claim filing
order.
(2) CLAIM FILING
ORDER. Upon receiving documents from the trade and consumer protection division
under sub. (1), the secretary may initiate a recovery proceeding by issuing a
default claim filing order. If the secretary issues a default claim filing
order, the department shall publish the default claim filing order as required
by subch. VII of ch. 126, Stats.
Example: A claim filing order in a dairy plant default
proceeding may be captioned as follows:
STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND
CONSUMER PROTECTION
|
In the Matter of the Claims of Producers for Milk
Sold to Acme Dairy, Inc. Respondent
|
Docket No.
CLAIM FILING ORDER
|
(3)
AUDITING CLAIMS; PROPOSED DECISION. The trade and consumer protection division
shall audit claims filed in response to the default claim filing order under
sub. (2). Based on its audit, the trade and consumer protection division shall
file with the secretary a proposed decision determining claims. The proposed
decision shall do all of the following:
(a)
Specify proposed findings of fact, proposed conclusions of law and a proposed
order determining claims and appropriate sources for payment of
claims.
(b) Allow or disallow each
default claim according to s.
126.70(4),
Stats., and specify the amount of each allowed claim.
(c) Specify, for each allowed claim, the
amount that the department is authorized to pay under s.
126.71,
Stats.
(d) Specify the method,
under s.
126.71,
Stats., by which the department will pay the authorized amounts.
(e) Explain a claimant's right under s.
126.87(4),
Stats., to seek court recovery of that portion of an authorized claim that is
not paid by the department.
(f)
Specify a date by which the contractor, claimant, surety or trade credit
insurer may file written objections to the proposed decision.
(g) If a respondent is covered by the
department's trade credit insurance policy, specify what claimants must do to
qualify for coverage under the policy.
(h) Include other provisions, if any, that
the division finds necessary for the just and orderly determination of claims
under ch. 126, Stats.
(4) NOTICE AND HEARING.
(a) After the trade and consumer protection
division files its proposed decision with the secretary under sub. (3), the
department shall hold a class 2 contested case hearing on the proposed
decision. To initiate the contested case proceeding, the secretary shall issue
a hearing notice under s.
ATCP 1.20.
(b)
The notice under par. (a) shall include a copy of the proposed decision under
sub. (3). The notice shall invite affected parties to present their objections,
if any, at the contested case hearing. The notice may require affected parties
to file their objections in writing before the hearing, by a specified date.
(c) The notice under par. (a)
shall be issued to all of the following parties:
1. The respondent who is alleged to have
defaulted on payment obligations to producers.
2. Any financial institution, insurance
company or surety who may be obligated as a result of the default to pay the
department.
3. Each producer
claimant who has filed a timely claim with the department.
(d) If any party files a timely objection to
the division's proposed decision under sub. (3), the administrative law judge
shall hear that objection in the contested case hearing under par. (a).
(e) If, upon hearing under par.
(a), there is no objection to the division's proposed decision and order under
sub. (3), the department may adopt that proposed decision and order as the
department's final decision and order in the proceeding, without further notice
to the parties.
