Current through August 26, 2024
(1) GENERAL. The department may contract with
an agent to process registrations, manage registration information, and perform
other functions on behalf of the department under this chapter. The contract
agent shall comply with this chapter and the contract.
(2) CONTRACT. A contract under sub. (1) shall
specify applicable terms and conditions, including all of the following:
(a) The services that the contract agent will
perform for the department, and the price for which the contract agent will
perform those services.
(b) The
scope of authority that the department delegates to the contract agent for the
purpose of performing the services under par. (a), and relevant limits on that
authority.
(c) The registration
process and forms approved under sub. (3), if the contract agent will process
registrations on behalf of the department.
(d) Terms related to information disclosure
and confidentiality, including the terms specified in sub. (4).
(e) Terms related to information management,
including the terms specified in sub. (5).
(f) Terms related to contract agent actions
that may affect or impair the administration of this chapter, including the
terms specified in subs. (6) to (8).
(g) Provisions related to contract
termination, including the terms specified in sub. (9).
(h) Standard contract terms required by the
state of Wisconsin.
(3)
APPROVED REGISTRATION PROCESS. A contract agent that processes livestock
premises registrations on behalf of the department shall use a process and
forms approved by the department. The hard-copy or on-line registration process
shall be conducted under the name of the department, not the contract agent.
The contract agent may not supplement or modify the registration process or
forms, or charge any registration fee, without the department's written
approval. The contract agent may not make solicitations or promotional
communications to registrants in connection with the registration process,
other than communications that the department requires for purposes of
registration under this chapter.
(4) DISCLOSURE OF INFORMATION;
CONFIDENTIALITY.
(a) A contract agent may not
use or disclose any information that it acquires as the department's contract
agent under this chapter without the department's written approval.
(b) A contract agent shall specifically
identify the individuals who, on behalf of the contract agent, may have access
to confidential information. Each of those individuals shall sign a personal
confidentiality agreement with the department and shall comply with that
agreement. No other persons employed or affiliated with the contract agent may
have access to confidential information.
(c) No contract agent or individual
affiliated with a contract agent may use or disclose information in violation
of this chapter, the agency contract, or an individual confidentiality
agreement under par. (b).
(5) MANAGING INFORMATION. A contract agent
that holds information under this chapter on behalf of the department shall do
all of the following:
(a) Comply with
applicable state standards related to the storage, handling, and disposition of
state records. A contract agent may not dispose of information collected or
held under this chapter, except as authorized by the department pursuant to a
state records disposal authorization under s.
16.61,
Stats.
(b) Handle and maintain
electronic records according to applicable standards in ch. Adm
12.
(6) COLLECTING OTHER
INFORMATION.
(a) A contract agent may not
collect any information under color of its agency agreement with the
department, without the department's written authorization to collect that
information.
(b) Paragraph (a) does
not prohibit a contract agent from doing any of the following on its own
behalf, and not as an agent of the department:
1. Contacting registrants that it identifies
from sources other than registrations under this chapter.
2. Soliciting and receiving information
voluntarily provided by registrants that the contract agent identifies under
subd. 1. The contract agent shall disclose, to each registrant from whom it
requests information, that the information is not required by state law and is
not being collected on behalf of the department.
(c) A contract agent who collects information
under par. (b) shall keep that information separate from any confidential
information that the contract agent keeps on behalf of the
department.
(7)
PROHIBITED PRACTICES. A contract agent may not do any of the following:
(a) Under color of its agency contract with
the department, and without the department's written authorization, ask a
registrant for permission to use or release confidential information.
(b) Represent, directly or by implication,
that it is acting within its authority as the department's contract agent
unless that representation is true.
(8) ETHICS.
(a) A contract agent shall avoid any conflict
of interest that may affect the integrity of the livestock premises
registration program under this chapter, or the contract agent's faithful
performance of its obligations. The contract agent shall disclose to the
department any actual or potential conflict of interest.
(b) A contract agent may not use for private
financial or business advantage confidential information that it acquires under
this chapter as an agent of the department.
(c) No individual having access to
confidential information under this chapter may use that information for
personal financial advantage or for the financial advantage of any person or
organization with which he or she is affiliated.
(9) CONTRACT TERMINATION.
(a) The department may terminate a contract
under sub. (1) at any time, with or without cause.
(b) If a contract under sub. (1) expires or
is terminated by either party, the contract agent shall promptly return to the
department all of the information that the contract agent holds on behalf of
the department.
