Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 74 - Local Agents and Regulation
Section ATCP 74.06 - Terms of the contract

(1) If the department accepts the proposed program plan from the local health department, the department shall prepare a contract to be signed by both parties, whereby the agent agrees to comply with this chapter and chs. ATCP 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix, and has met all the conditions in the accepted program plan, including enactment of local ordinances that adopt the department's rules, by reference, or are at least as stringent and do not conflict with the department's rules.

(2) The contract shall be in effect for three fiscal years unless otherwise specified, and shall remain in effect during the three fiscal years unless specifically terminated, revoked, or suspended, as provided in the contract. The department shall issue contracts for future contract periods to the agent by January 1 of the last fiscal year of the current contract. The agent shall commit to continue as the department's agent for the future contract period, by signing and returning the contract by March 1 of the last fiscal year of the current contract.

(3) Either party may terminate the contract by providing written notice of termination to the other party at least 90 days before the termination is to take effect.

(4) When the contract is signed by both parties, the local health department shall assume authority and the responsibility to enforce the provisions of ss. 97.30, 97.617, and 97.67, Stats., and chs. ATCP 72, 73, 74, 75, 76, 78, and 79 and ch. ATCP 75 Appendix. The agent program shall issue licenses and perform all inspections necessary to enforce these statutes and rules.

(5) Upon execution of the contract, the department shall discontinue all licensing and enforcement activities in the agent's jurisdiction, for the period of time the contract is in effect, pursuant to ss. 97.30 and 97.65, Stats.

(6) Notwithstanding subs. (4) and (5), the department may act, pursuant to ss. 97.41(8) and 97.615(2) (h), Stats., to take appropriate inspection or enforcement action or both if the department has determined that the agent program has not acted expeditiously or appropriately to take such action.

(7) Whenever feasible, the department shall provide notice to an agent program at least one fiscal year before making any changes to department policies and procedures not specified in the contract that would adversely affect the budget of an agent program.