(1) AGENT PROPOSED PROGRAM PLAN. To become a
new agent, a local health department shall submit a written proposed program
plan to the department, in a form specified by the department, describing the
proposed agent program. The proposed program plan shall describe all of the
following:
(a) Employee positions that will
issue licenses or conduct investigations and inspections.
(b) Staffing and budget plans for issuing
licenses, making investigations and inspections, providing technical
assistance, and enforcing applicable state statutes and rules and local
ordinances.
(c) A list of the
licenses that may be issued by the agent. A local ordinance may combine and
expand license categories, so long as those categories include all of the types
of establishments that shall be licensed under the agent contract.
(d) A list of the fees to be charged by the
agent to licensees. A local ordinance may establish local license fees that
differ from fees charged under chs.
ATCP 72, 73, 75, 76, 78, and 79
and ch. ATCP 75 Appendix, for licenses issued by the department. All license
fees shall be based on the agent's reasonable program costs, pursuant to s.
97.41(4), Stats.
(e) A description
of the inspection and enforcement program to be implemented by the agent
including a copy of applicable village, city, or county ordinances or
regulations.
(f) Procedures to
ensure cooperation between the agent and appropriate federal, state, local, and
tribal agencies in the event of a natural disaster or other
emergency.
(g) Procedures for
investigating complaints concerning licensees under the contract and unlicensed
activity that may require licensing and inspection.
(h) Procedures for notifying the department
when the agent receives information or a complaint concerning an establishment
that may need to be licensed or inspected within the agent's geographical area
but under the department's jurisdiction.
(i) Procedures for investigating reports of
suspected foodborne illness, including cooperation with the
department.
(j) Procedures to
ensure the time period, within which the agent will make a determination on an
application for a license, does not exceed 30 days following receipt of a
complete application.
(k) Any other
information that the department may reasonably require for its review of the
agent's program plan.
(2) LOCAL HEALTH DEPARTMENT OUTREACH TO
AFFECTED LICENSE HOLDERS. The local health department shall provide
opportunities for affected licensees to review the proposed program plan and
provide comments and feedback to the local health agency and the
department.
(3) DEPARTMENT ACTION
ON PROPOSED PLAN. The department shall review the proposed program plan and
accept or deny the application, pursuant to sub. (1), within 60 days after the
department receives it.
