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 40.62 - Administrative appeals
Universal Citation: WI Admin Code ยง ATCP 40.62
Current through August 26, 2024
(1) REQUEST FOR HEARING. A person who is the subject of any of the following department actions may request a hearing and reconsideration of that action:
(a) The denial
or restriction of a permit or initial license under this chapter.
(b) A stop sale order or holding order under
s.
ATCP 40.58.
Note: See also s. ATCP 40.56(2) (c).
(2) REQUEST FORM AND CONTENTS. A request under sub. (1) shall be in writing, and shall include all of the following:
(a) A copy of the notice or order under sub.
(1) that the requester asks the department to reconsider.
(b) The requester's objections to the
department's action, including disputed facts and conclusions.
(c) The harm allegedly caused to the
requester by the department's action.
(d) Identification of all the information
that supports the requester's objections and alleged harm.
(e) The legal basis for the requester's
objections.
(f) The requested
remedy.
(3) INFORMAL CONFERENCE.
(a) If the department receives a
written request that complies with sub. (2), the administrator of the
department's agricultural resource management division shall schedule an
informal conference with the requester. The administrator or the
administrator's designee shall initiate the conference within 10 working days
after the department receives the request unless the requester agrees to a
later date.
(b) Following
completion of the informal conference, the administrator or designee shall
decide whether to affirm, reverse or modify the disputed action. The
administrator or designee shall issue a written decision and provide a copy to
the requester. The administrator or designee shall issue the decision as soon
as reasonably possible, but not more than 30 working days after completion of
the informal conference.
(4) FORMAL HEARING.
(a) If an issue is not resolved by the
informal conference under sub. (3), an adversely affected party may request a
contested case hearing on the unresolved issue, pursuant to ch. 227, Stats.,
and ch. ATCP 1. Hearing requests shall comply with sub. (2).
(b) A hearing on the denial or restriction of
a permit or initial license shall be conducted as a class 1 contested case
under ch. 227, Stats. A hearing on the suspension, revocation or restriction of
an issued license or permit shall be conducted as a class 2 contested case
under ch. 227, Stats.
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