Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 40 - Fertilizer And Related Products
Subchapter VI - Enforcement and Appeals
Section ATCP 40.56 - License or permit action
Universal Citation: WI Admin Code ยง ATCP 40.56
Current through August 26, 2024
(1) The department may, for cause, deny, suspend, revoke, or impose conditions on a license or permit issued under this chapter. Cause includes any of the following:
(a) Failure to comply with s.
94.64 or
94.65,
Stats., or this chapter.
(b)
Failure to provide information required under s.
94.64 or
94.65,
Stats., or this chapter.
(c)
Failure to comply with the terms and conditions of a license or permit issued
under this chapter. This may include violations resulting from material changes
in product contents, product labeling, or product advertising or promotional
claims.
(d) In the case of a permit
issued under s.
ATCP 40.12 or 40.28, the permit holder no longer
holds a license under s.
ATCP 40.04 or
that is 40.28 required for the validity of the permit.
(e) In the case of a permit issued under s.
ATCP 40.12 or 40.28, the permit holder has not
distributed any product pursuant to the permit for at least 12 months.
Note: Sections 93.06(7) and (8), Stats., authorize the department to deny, suspend, revoke or impose conditions on licenses or permits.
(2) SUMMARY PERMIT SUSPENSION.
(a) The department's division of
agricultural resource management may, by written notice, summarily suspend or
impose conditions on a permit issued under s.
ATCP 40.12 or 40.28, for any of the reasons
identified in sub. (1).
(b) A
summary suspension under par. (a) shall take effect on a date specified in the
suspension notice, but not sooner than 10 days after the suspension notice is
served on the permit holder. The division administrator shall sign the
suspension order.
(c) A permit
holder may request a hearing on a summary suspension under this subsection,
pursuant to s.
ATCP 1.03. The
administrative law judge or final decision maker may stay the summary
suspension pending hearing or decision, but a request for hearing does not
automatically stay a summary suspension.
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