Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 1-9 - General
Chapter ATCP 1 - Administrative Orders And Contested Cases
Subchapter V - Contested Case Proceedings
Section ATCP 1.24 - Settlement
Universal Citation: WI Admin Code ยง ATCP 1.24
Current through August 26, 2024
(1) GENERAL. At any point in a contested case proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both of the following:
(a) A
written stipulation, signed by the parties or their representatives, setting
forth the agreed terms of settlement.
(b) A proposed order disposing of the case,
for signature by the final decisionmaker.
(2) APPROVAL. A proposed order under sub. (1) or (3) is subject to approval by the final decisionmaker. The final decisionmaker signifies approval by signing the proposed order as submitted by the parties.
(3) SETTLEMENT PRIOR TO COMPLAINT FILING OR HEARING REQUEST.
(a)
The parties to a potential contested case may agree to settle that potential
case prior to the filing of any complaint under s.
ATCP 1.05 or hearing request under s.
ATCP 1.06, and prior to the issuance of any hearing notice
under s.
ATCP 1.20.
(b)
The parties to a settlement under par. (a) may stipulate to the issuance of a
department order without the filing of any complaint or hearing request, and
without further notice, hearing or other contested case procedures. Parties
seeking a stipulated order shall file all of the following with the secretary:
1. A copy of the proposed order.
2. A written stipulation, signed by the
parties or their attorneys, in which the parties consent to the entry of the
proposed order without the filing of a complaint or hearing request, and
without further notice, hearing or other contested case procedures. The
stipulating parties waive any right to hearing, reconsideration or judicial
review of the stipulated order, including any rights under s.
227.42,
227.49,
or
227.52,
Stats.
(c) Before filing
a stipulation and proposed special order under s.
100.20,
Stats., the department of justice shall provide a copy of the stipulation and
proposed order to the trade and consumer protection division.
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