Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 78 - Recreational And Educational Camps
Subchapter III - Enforcement and Appeals
Section ATCP 78.09 - Enforcement
Universal Citation: WI Admin Code § ATCP 78.09
Current through February 24, 2025
(1) INSPECTIONS AND ACCESS TO THE PREMISES.
(a)
Inspections. Pursuant to ss.
93.07(24) (e) and 97.65(1),
Stats., an authorized employee or agent of the department, upon presenting
proper identification, may enter any camp at any reasonable time, for any of
the following purposes:
1. To inspect the
camp.
2. To determine if there has
been a violation of this chapter or s.
97.67, Stats.
3. To determine compliance with previously
written orders to correct violations.
4. To secure samples or specimens.
5. To examine and copy relevant documents and
records related to the operation of the camp.
6. To obtain photographic or other evidence
needed to enforce this chapter.
(b)
Reinspections.
1. The department or its agent may perform a
reinspection at the camp or an administrative follow-up with a camp whenever an
inspection or the investigation of a complaint reveals any of the following
conditions:
a. Presence of an imminent hazard
that cannot be corrected during the inspection.
b. An inspection reveals 6 or more priority
violations, regardless if they have been corrected during the
inspection.
c. Repeat violations,
whether corrected during the inspection or not, are documented on 3 consecutive
inspections regardless of inspection type.
d. The department's authorized representative
and that representative's supervisor determine there is a lack of active
managerial control at the camp, based on the quantity and the criticality of
the violations observed on the most recent inspection.
2. A reinspection or administrative follow-up
shall be scheduled to allow the operator a reasonably sufficient time to
correct the violations.
3. A
reinspection fee shall be charged for the reinspection or administrative
follow-up in the amount listed in s. ATCP 78.08 Table B or C or the applicable
amount as determined by an agent of the department.
4. If an additional reinspection or
administrative follow-up is required because a violation has not been corrected
in the scheduled time, the department shall assess a second or subsequent
reinspection fee listed in s. ATCP 78.08 Table B or C pursuant to s. ATCP 78.08 (3) (d), and the department may order the operator to show just cause why the
license should not be suspended or revoked pursuant to s. ATCP 78.10.
(2) GENERAL ORDER TO CORRECT VIOLATIONS.
(a)
Written orders. If upon inspection of a camp, the department
or agent finds that the camp is not designed, constructed, equipped or operated
as required under this chapter, the department or agent shall issue a written
order to correct the violation. The order shall specify the correction needed
for compliance and the time period within which the correction should be made.
The time period specified in the order may be extended at the discretion of the
department or agent as specified in par. (c).
(b)
Failure to correct a
violation.
1. If a violation is not
corrected by the expiration of the time period stated in the order given
pursuant to par. (a), or any extension of time granted pursuant to par. (c),
the department or agent may issue a special order pursuant to s. ATCP 78.10 to
suspend or revoke the license to operate the camp. An order for suspension or
revocation shall take effect as provided pursuant to s. ATCP 78.10.
2. Pursuant to s.
97.12(5),
Stats., any person who fails to comply with an order of the department may be
required to forfeit $50 for each day of noncompliance. A person may appeal a
forfeiture pursuant to s. ATCP 78.11.
(c)
Requests for an extension to
correct a violation.
1. The
department or its agent may extend the time to correct a violation based on a
determination of the seriousness of the violation, the operator's progress
towards correcting the violation, and the operator's previous history of
compliance.
2. To request an
extension to correct a violation, the operator shall contact the department or
agent before the time specified in the written order to correct the violation
expires. The operator shall provide information that demonstrates to the
department or its agent that corrective action has been initiated, but
additional time is needed to fully correct the
violation.
(3) TEMPORARY ORDERS.
(a)
Conditions for
a temporary order. As provided in s.
97.65(2) (a),
Stats., whenever, as a result of an inspection pursuant to sub. (1), the
department or its agent has reasonable cause to believe that any examined food
constitutes, or that any construction, sanitary condition, operation, or method
of operation of the premises or equipment used on the premises creates, an
immediate danger to health, the department or its agent may issue a temporary
order and cause it to be delivered to the licensee, or to the owner or
custodian of the food, or to both. The order may prohibit the sale or movement
of the food for any purpose, prohibit the continued operation or method of
operation of specific equipment, or require the premises to cease other
operations or methods of operation which create the immediate danger to health,
or set forth any combination of these requirements. The department may order
the cessation of all operations authorized by the license only if a more
limited order does not remove the immediate danger to health.
(b)
Duration of a temporary order;
actions prohibited.
1. A temporary
order shall take effect upon delivery to the operator or responsible
supervisor. Except as provided in par. (c), the temporary order shall remain in
effect for 14 days from the date of delivery, but a temporary order may be
reissued for one additional 14-day period if necessary to complete any analysis
or examination of samples, specimens, or other evidence.
2. No operation or method of operation
prohibited by the temporary order may be resumed without the approval of the
department or agent until the order has terminated or the time period specified
in subd. 1., has expired, whichever occurs first, unless as provided pursuant
to par. (c), the department or its agent provides notice that an immediate
danger to health or safety is present. If, upon completed analysis or
examination, the department or agent determines that construction, sanitary
condition, operation, or method of operation of the premises or equipment does
not constitute an immediate danger to health or safety, the department or agent
shall immediately notify the owner, operator or responsible supervisor in
writing and the temporary order shall terminate upon receipt of the written
notice.
(c)
Notice of findings upon analysis or examination. If the
analysis or examination pursuant to sub. (1), shows that the construction,
sanitary condition, operation or method of operation of the premises or
equipment constitutes an immediate danger to health or safety, the department
or agent, within the effective period of the temporary order specified in par.
(b) 1., shall provide written notice of the findings to the owner, operator or
responsible supervisor. Upon receipt of the notice, the temporary order remains
in effect until a final decision is issued pursuant to s. ATCP 78.11. The
notice shall include a statement that the facility has a right to request a
hearing pursuant to s. ATCP 78.11, within 15 days after issuance of the
notice.
(d)
Failure to
comply with temporary order; forfeitures and penalties. Pursuant to s.
97.65(5) (a),
Stats., any person who fails to comply with a temporary order issued by the
department may be fined not more than $10,000 or imprisoned not more than one
year in the county jail, or both. A person may appeal a forfeiture pursuant to
s. ATCP 78.11.
(4) ACTION PLANS.
(a)
Required
components. When required by the department, its agent, or this
chapter, the camp operator and the department or its agent shall develop, on a
form provided by the department, an action plan for compliance. The action plan
shall include all of the following:
1. A
description of the violation and code citation.
2. The steps the operator will take to
correct the violation.
3. The date
by which compliance will be achieved.
(b)
Continued noncompliance.
The department or its agent shall void the camp license pursuant to s. ATCP 78.07 (5) (b), if the operator continues to be out of compliance or fails to
meet the objectives outlined in the action plan past the date provided in the
action plan.
This section is created eff. 9-24-23 by CR 21-109.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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