Current through August 26, 2024
(1) HEARING REQUEST. A person adversely
affected by any of the following division actions may ask the department to
hold a hearing on that action:
(a) The denial
of a milk producer license application or grade A producer permit application
under s.
ATCP 65.02.
(b)
The summary suspension of a milk producer license, under s.
ATCP 65.920(3).
(c) The issuance of a warning notice, under
s.
ATCP 65.920(5) (a).
(d) The suspension of a grade A producer
permit, under s.
ATCP 65.920(6) (a).
(e) The denial of a reinstatement
application, under s.
ATCP 65.920(5) (d) or (7).
(f) A holding order, disposal order, or other
summary action, under s.
ATCP 65.927.
(g) The suspension or revocation of a dairy
plant license or grade A permit, under s.
ATCP 65.926.
(2) FORM AND TIMING OF REQUEST; EFFECT
PENDING HEARINGS. A person requesting an informal hearing, under sub. (3),
shall make that request, in writing, within 10 days after the person receives
notice of the division action. A request for hearing does not stay the effect
of any action under this chapter. The filing deadline under this subsection is
waived if the department fails to give the milk producer timely written notice
of the filing deadline.
(3)
INFORMAL HEARING.
(a) Whenever the department
receives a hearing request under sub. (2), the department shall conduct an
informal hearing on the contested action. The hearing shall be conducted by a
presiding officer who is a department employee or official who was not
personally involved in the investigation or decision to take the contested
action, and who has authority to withdraw or correct the action as necessary.
The division shall conduct the informal hearing unless the contested action was
taken by the division administrator. The division shall hold the informal
hearing within 20 days after it receives the hearing request under sub. (2),
unless the person requesting the hearing agrees to a later date. The division
may hold the informal hearing by telephone or at the division's
office.
(b) The issue for hearing,
held under par. (a), shall be limited to whether the division had adequate
grounds for the contested action. Within 2 business days after the conclusion
of the informal hearing, the presiding officer shall issue a brief written
memorandum that summarizes the informal hearing, and any decision or action
resulting from the informal hearing. A copy of the memorandum shall be provided
to the person who requested the hearing. The memorandum shall include notice of
the person's right to request a full evidentiary hearing under sub. (4).
(4) FULL EVIDENTIARY
HEARING. If a person adversely affected by a division action either files a
timely written request for hearing under sub. (2), and the matter is not
resolved by an informal hearing under sub. (3), or does not want an informal
hearing, the person may request a full evidentiary hearing before the
department, pursuant to subch. III of ch. 227, Stats., and ch. ATCP 1. The
person shall make the hearing request as specified in s.
ATCP 1.06. A full evidentiary hearing, if any, shall be
held before an administrative law judge appointed by the secretary. A request
for a full evidentiary hearing does not stay any action under this
chapter.
