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 140.18 - Decision after hearing
Current through February 24, 2025
(1) Following hearing on a proposal to adopt, amend or repeal a marketing order, the secretary shall make and publish a decision on the proposal, as provided under s. 96.07, Stats., in consultation with the board of agriculture, trade and consumer protection. The decision shall be issued within 45 days after close of the hearing record, and shall set forth the factual basis and rationale for the decision, including the findings or determinations required under sub. (2). The decision shall determine:
(2) The secretary's decision under sub. (1) shall include:
(3) If the proposal would create or expand the size of a marketing board, and if the secretary's decision advances the proposal to referendum, the decision shall include a call for nominations to the marketing board, pursuant to s. 96.10, Stats., and s. ATCP 140.20.
(4) Copies of the secretary's findings and decision shall be mailed, within the time period provided under sub. (1), to all persons appearing at the hearings or submitting written comments for the hearing record. If the decision includes a call for nominations under sub. (3), the decision shall be announced in a statewide press release by the department.