Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 140 - Agricultural marketing orders, marketing agreements and marketing boards › Subchapter IV - Marketing Board Organization and Operation; Procedures › Section ATCP 140.51 - Collecting assessments; reports by producers and handlers; audit of amounts due

Current through June 24, 2024
(1) COLLECTION PROCEDURE; GENERAL. The
				  marketing board is responsible for the receipt and collection of assessments
				  from affected producers and handlers under a marketing order, except as
				  otherwise provided in ch. 96, Stats., and this chapter. Any assessment which is
				  due and payable by an affected producer or handler under the marketing order
				  constitutes a personal debt of the producer or handler, as provided in s.
				  96.17(1),
				  Stats. Each marketing board shall adopt and file with the secretary written
				  procedures and forms to govern the collection of assessments from affected
				  producers and handlers. Procedures may include the preliminary collection
				  procedures set forth under sub. (2). Procedures shall comply with applicable
				  law, and with the provisions of s.
				  427.104,
				  Stats. If a marketing board is unable, through the use of preliminary
				  collection procedures, to obtain payment of assessments which are due and
				  payable from a producer or handler, the marketing board may request action by
				  the secretary under s.
				  96.17,
				  Stats. The request shall be accompanied by evidence and documentation
				  substantiating the existence and amount of the debt, the identity and address
				  of the debtor, and the fact that the marketing board has exhausted its
				  preliminary collection procedures. Pursuant to s.
				  96.17,
				  Stats., the secretary may impose an assessment surcharge not exceeding 10% of
				  the assessment to cover the department's costs of collection, and may bring a
				  civil action against the debtor under sub. (3) to collect the assessment and
				  surcharge. The secretary shall give the debtor at least 10 days advance written
				  notice, by mail, of any intended civil action under this paragraph. Notice
				  shall include a statement of any assessment surcharge imposed by the secretary
				  under s.
				  96.17,
				  Stats.
(2) PRELIMINARY COLLECTION
				  PROCEDURES. Sequential procedures used by a marketing board in the collection
				  of marketing order assessments may include the issuance of:
(a) A generalized or personalized reminder
				  letter.
(b) A personalized warning
				  letter.
(c) A final demand letter,
				  setting forth the facts and circumstances giving rise to the final demand, and
				  stating a final deadline for payment. The final demand letter shall be
				  personally addressed to the debtor and sent by certified mail. In its final
				  demand letter, a marketing board may notify the debtor of the actions which
				  will be requested by the marketing board under s.
				  96.17(1),
				  Stats., in the event of nonpayment. A marketing board may not threaten a
				  producer or handler with any civil forfeiture or criminal action for nonpayment
				  of assessments, or threaten to request either action of the
				  department.