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 74.18 - Reimbursement and other payments for services
Universal Citation: WI Admin Code ยง ATCP 74.18
Current through August 26, 2024
(1) DEPARTMENT REIMBURSEMENT TO AGENTS.
(a) By September 30
of each fiscal year, the department shall reimburse agent programs for
inspecting vending machines during the previous fiscal year under terms and
conditions specified in the contract. The department shall, upon written
request, provide any agent with information on how to request reimbursement.
(am) Fee reimbursements for the
inspection of vending machines that have moved from one agent program's
jurisdiction to another shall be credited to the agent program making the first
inspection during the fiscal year.
(b) The reimbursement rate may not exceed 20%
of the state license fees the department sets by administrative rule for the
types of establishments that the agent issues licenses. The calculation of the
state fees is based on state license fees only, not pre-inspection and
reinspection fees. The current reimbursement rate is set within these limits by
the contract.
(2) AGENT REIMBURSEMENT TO THE DEPARTMENT.
(a) By
September 30 of each fiscal year, agent programs shall reimburse the department
for each license issued by the agent program during the preceding fiscal year
as a fee for agent training, support, and oversight costs under terms and
conditions specified in the contract. The reimbursement rate may not exceed 20%
of the state license fees the department sets by administrative rule for the
types of establishments that the agent issues licenses. The department shall
provide at least one fiscal year notice before an increase in reimbursement
occurs.
(am) Retail food and
recreational establishment license fee reimbursement shall be:
1. A fee equal to 10% of the applicable state
license fee, regardless of the license fee actually charged by the local agent,
if the local agent prepares and submits to the department, by September 30 of
that year, an annual self-assessment as required by ss. 97.41 and
97.615,
Stats.
2. A fee equal to 20% of the
applicable state license, regardless of the license fee actually charged by the
local agent, if the local agent fails to submit the annual self-assessment in
par. (am) to the department by September 30 of that year. A fee payment under
this paragraph does not exempt the agent from the duty to prepare and submit an
annual self-assessment.
(3) ADDITIONAL DEPARTMENT COSTS. If an agent program has contracted with the department, pursuant to s. 97.41, Stats., and s. ATCP 74.06, for the department to collect fees and issue licenses, the agent program shall pay the department for the actual cost of providing these services.
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