Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 105 - Sales Below Cost › Subchapter III - Motor Fuel Pricing › Section ATCP 105.23 - Notice of price offered to meet competition

Current through June 24, 2024
Except as provided in s.
					 ATCP 105.009(5)
					 (c):
(1) TIME OF NOTICE. A person who purports to
				  justify a motor fuel selling price by giving notice to the department under s.
				  100.30(7),
				  Stats., shall send that notice on the same day that the person lowers the price
				  of motor fuel to that price. The person shall send the notice before the actual
				  close of the person's motor fuel selling business at the relevant location on
				  that day or, if that business remains open for 24 hours a day, before the time
				  at which the business day ends for accounting purposes.
Note:
Section
					 100.30(7),
					 Stats., only requires sellers of motor vehicle fuel to file a notice on the day
					 that they lower their price to meet a competitor's price. It is not necessary
					 for a seller to provide notice on a day they did not change their price, even
					 if they are selling motor vehicle fuel below cost in order to meet competition.
					 The department recommends that sellers maintain daily price surveys [see s.
					 ATCP
					 105.009(3) ], especially for days
					 that they are selling motor vehicle fuel below cost, as defined in s.
					 100.30(2),
					 Stats.
(2) METHOD OF GIVING
				  NOTICE. A person giving notice to the department under s.
				  100.30(7),
				  Stats., shall give that notice in writing. The person shall give the written
				  notice in one of the following ways:
(a)
				  Electronically, by transmitting a facsimile to a receiving number specified by
				  the department. Notice under this paragraph is rebuttably presumed to be timely
				  under sub. (1) if the department receives it by midnight of the day on which
				  the person is required to give the notice.
(b) Electronically, by transmitting an e-mail
				  message to an e-mail address specified by the department. Notice under this
				  paragraph is rebuttably presumed to be timely under sub. (1) if the department
				  receives it by midnight of the day on which the person is required to give the
				  notice.
(bm) Electronically, by
				  transmitting a web-based notification to a website specified by the department.
				  Notice under this paragraph is presumed to be timely under sub. (1) if the
				  department receives it by midnight of the day on which the person is required
				  to give the notice, but this presumption may be rebutted.
(c) By United States mail, to a post office
				  box number specified by the department. Notice under this paragraph is
				  rebuttably presumed to be timely under sub. (1) if it is postmarked by midnight
				  of the day on which the person is required to give the notice.
(d) By commercial courier delivery to the
				  department's headquarters. Notice under this paragraph is rebuttably presumed
				  to be timely under sub. (1) if the commercial courier takes custody of the
				  notice by midnight of the day on which the person is required to give the
				  notice.
(e) By personal delivery
				  to the department's headquarters. Notice under this paragraph is rebuttably
				  presumed to be timely under sub. (1) if it is delivered to the department's
				  headquarters by 4:30 p.m. of the day on which the person is required to give
				  the notice.