Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 140 - Marketing
Chapter ATCP 140 - Agricultural marketing orders, marketing agreements and marketing boards
Subchapter II - Marketing Orders; Adoption, Amendment and Repeal
Section ATCP 140.12 - Refusal to initiate proceedings; denial of petition or request

(1) The secretary may deny a petition under s. 96.05(2), Stats., if the secretary determines that the proposal does not effectuate the declared policy of ch. 96, Stats., or exceeds the purposes or limitations of ch. 96, Stats. The secretary's decision to deny a petition shall be made in consultation with the board of agriculture, trade and consumer protection. If a petition under s. 96.05(2), Stats., is denied, the secretary shall publish notice setting forth the specific reasons for the denial, as provided in s. 96.05, Stats. If denied, the petition may not be reconsidered by the secretary for a period of one year from the date of notice of the denial.

(2) If a proposal to adopt, amend or repeal a marketing order is not received in the form of a petition under s. 96.05(2), Stats., the proposal may be summarily denied by the secretary, with or without a written or published explanation. The denial of a proposal does not preclude the secretary from reconsidering the proposal within one year of the denial, except as provided under sub. (1).