reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 42 - Conduct of bingo games › Section Game 42.16 - Multiple bingo occasions at one location on one day

Current through June 24, 2024
Any number of bingo occasions may be held at any one location
						on any one day, but all games of each bingo occasion must be completed before
						any game of the next bingo occasion may commence. Each bingo occasion shall be
						completely separate from each other bingo occasion which precedes it.
(1) Before any occasion begins, the
					sponsoring organization must announce which organization is sponsoring that
					occasion, and how many individual games are part of that occasion. Each
					sponsoring organization must make such an announcement before beginning the
					first game of an occasion which immediately follows or precedes an occasion
					sponsored by any other organization at the same place.
(2) Each organization sponsoring an occasion
					which immediately follows or precedes an occasion sponsored by any other
					organization at the same place must use a different color admission card and
					different colors for each of its special games than the colors used by any
					other organization.
(3) No person
					may be required to purchase more than one admission card to be admitted to a
					place where more than one occasion is to be held, and every person admitted may
					choose which organization's admission card to purchase and which occasion to
					participate in whenever there is a series of occasions being held at the same
					place. No person may participate in any occasion for which the person has not
					purchased an admission card.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 42 - Conduct of bingo games › Section Game 42.17 - Verification of receipts

Current through June 24, 2024
Unless a sponsoring organization has an alternative security
						system in place that has been approved by the department, the organization's
						supervising member at a bingo occasion shall count the receipts from the
						occasion immediately after the occasion, before leaving the place where the
						occasion is held. The supervising member's count of the receipts shall be
						verified by a separate count by at least 2 other members of the organization in
						attendance at the occasion immediately after the occasion and before leaving
						the place the occasion is held.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 42 - Conduct of bingo games › Section Game 42.18 - Prohibited bingo premises

Current through June 24, 2024
A bingo occasion shall not be conducted at any premise owned,
						operated or controlled by an organization or person to which any of the
						following applies:
(1) The person or
					organization has been convicted of a felony and has not received a pardon or
					been released from parole, extended supervision or probation for at least 5
					years.
(2) The person or
					organization is in default on any payment required under this chapter, or ch.
					563, Stats.
(3) The person or
					organization is liable for delinquent taxes, as certified by the department of
					revenue under s. 73.0301, Stats.
(4) The person or organization is a licensed
					bingo supplier.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 43 - Expenses › Section Game 43.02 - Change

Current through June 24, 2024
An organization may issue a check from its bingo account to
						obtain change necessary for the conduct of a bingo occasion. The check shall be
						made to the order of the payer and shall not be issued more than 3 days prior
						to the conduct of the occasion. The change shall be deposited with the gross
						receipts pursuant to s.
						563.63(1),
						Stats.
Wisconsin Administrative Code › Department of Administration [Gaming] › Chapter Game 43 - Expenses › Section Game 43.03 - Expenditures for conduct of bingo

Current through June 24, 2024
(1) No expenditures
					for any goods or services incidental to the conduct of a bingo occasion may
					exceed the fair market value of the goods or services obtained.
(2) Rent payments made for the use of a
					location for a bingo occasion may not include any compensation for any person
					associated with the owner or the person in control of the premises rented for
					assisting in the conduct of the bingo occasion.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter I - Definitions › Section ATCP 1.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Administrative law judge" means the
				  secretary or an examiner whom the secretary appoints in writing, under s.
				  227.46(1),
				  Stats., to preside over a contested case. The secretary may appoint an examiner
				  from the department, the department of administration, or another state agency
				  with the agreement of that agency.
(2) "Claim filing order" means an order
				  directing producers or depositors to file claims under subch. VII of ch. 126,
				  Stats.
(3) "Claim" means a producer
				  or depositor claim under subch. VII of ch. 126, Stats.
(4) "Claimant" means a producer or depositor
				  claimant under subch. VII of ch. 126, Stats.
(5) "Class 1 contested case," "class 2
				  contested case" or "class 3 contested case," means a class 1, class 2 or class
				  3 proceeding, respectively, as defined in s.
				  227.01(3),
				  Stats.
(6) "Complainant" means any
				  of the following persons or entities that file a complaint with the secretary
				  under this chapter:
(a) A division.
(b) A person or agency authorized to file a
				  complaint under s.
				  100.20(4)
				  or
				  100.201(9)
				  (f), Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter II - Orders › Section ATCP 1.03 - Special orders

Current through June 24, 2024
(1) ORDERS INCLUDED.
(a) A "special order," as defined in s.
				  ATCP
				  1.01(26), includes all of the
				  following:
1. An order suspending, revoking
				  or imposing conditions on a license.
2. An administrative injunction, including
				  any order issued under s.
				  88.11(7),
				  94.645(4),
				  94.71(3)
				  (c),
				  97.12(3)
				  (a),
				  100.19(3),
				  100.20(3),
				  100.201(9)
				  (b),
				  100.21(4),
				  100.22(4)
				  (a),
				  100.30(5)
				  (a) or
				  126.85,
				  Stats.
3. An order banning or
				  restricting the sale of a hazardous consumer product or household substance,
				  including any order issued under s.
				  100.37(2)
				  (e),
				  100.41(5),
				  100.42(3)
				  or
				  100.43(4)
				  (b), Stats.
4. An order determining claims in a recovery
				  proceeding.
5. A temporary holding
				  order or stop sale order, including any order issued under s.
				  94.10(2)
				  (b),
				  94.46,
				  94.64(11),
				  94.65(10),
				  94.71(2),
				  94.72(13),
				  95.72(4)
				  (d),
				  97.12(2),
				  97.42(9)
				  (b) 1 or
				  100.37(5),
				  Stats.
6. An order for the
				  quarantine, control, destruction or disposal of plants, plant pests or animals,
				  including any order issued under s.
				  94.01,
				  94.02,
				  94.10(2)
				  (b),
				  94.76(1),
				  95.20,
				  95.23
				  or
				  95.31,
				  Stats.
7. An order condemning
				  unwholesome or adulterated animal carcasses, meat or food, including any order
				  issued under s.
				  95.72(4)
				  (d),
				  97.12(2)
				  or
				  97.42(9)
				  (b) 2, Stats.
8. An order prohibiting the use of specified
				  equipment or facilities, including any order issued under s.
				  95.72(6)
				  (c),
				  97.42(9)
				  or
				  98.05,
				  Stats.
9. A subpoena or formal
				  investigative demand, except as provided under par. (b) 4. or 5.
10. A corrective action order under s.
				  94.73(2),
				  Stats.
11. Animal health import
				  requirements that the state veterinarian imposes on an import permit holder
				  under s.
				  ATCP 10.07(1)
				  (b), unless the department has adopted those
				  import requirements by rule.
12. A
				  temporary animal hold order issued under s.
				  ATCP
				  10.90 or a destruction or removal order issued under
				  s.
				  ATCP
				  10.91.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter II - Orders › Section ATCP 1.04 - Final orders in contested cases

Current through June 24, 2024
The final decisionmaker shall, on behalf of the department,
					 issue every final decision and final order in a contested case, as provided
					 under s.
					 ATCP 1.31. An
					 order dismissing any party, proceeding or cause of action is a final order
					 under this section.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter III - Initiating a Contested Case › Section ATCP 1.05 - Complaint requesting special order

Current through June 24, 2024
(1) DIVISION
				  COMPLAINTS. To obtain a special order from the secretary or final
				  decisionmaker, other than in a recovery proceeding, a division shall file a
				  written complaint with the secretary. The complaint shall be signed by the
				  division administrator or designee, or other employee in a specified position
				  in the division when the division administrator or designee is designated to
				  sign the final order, and shall comply with sub. (3).
(2) OTHER COMPLAINTS.
(a) To obtain a special order under s.
				  100.20(4)
				  or
				  100.201(9)
				  (b), Stats., a complainant authorized under
				  s.
				  100.20(4)
				  or
				  100.201(9)
				  (f), Stats., shall file a written complaint
				  with the secretary. The complaint shall be signed by the complainant and shall
				  comply with sub. (3).
Note:
A complaint may be filed with the
					 secretary at the following address:
Secretary
Wisconsin Department of Agriculture, Trade and Consumer
					 Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
(b) Before filing a complaint with the
				  secretary under s.
				  100.20(4),
				  Stats., the department of justice shall provide a copy of the complaint to the
				  trade and consumer protection division.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter III - Initiating a Contested Case › Section ATCP 1.06 - Request for hearing on department action

Current through June 24, 2024
(1) WHO MAY REQUEST.
				  A person adversely affected by a department action may request a contested case
				  hearing on that action. A request for a contested case hearing shall be filed
				  with the secretary and shall comply with sub. (2). A request for hearing on a
				  department action does not automatically stay or modify that action.
Note:
See s.
					 227.42, Stats., and s. ATCP 1.03
					 (3). A request for hearing may be filed with the secretary at the following
					 address:
Secretary
Wisconsin Department of Agriculture, Trade and Consumer
					 Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
(2) REQUEST FORM AND CONTENTS.
(a) A contested case hearing request under
				  sub. (1) shall be in writing and shall describe all of the following:
1. The department action on which a hearing
				  is requested.
2. The requester's
				  substantial interest claimed to be adversely affected.
3. How the department's action adversely
				  affected the requester's substantial interest.
4. The grounds for the hearing request,
				  including material facts or legal issues that are in dispute.
5. The relief sought.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter III - Initiating a Contested Case › Section ATCP 1.07 - Request for declaratory ruling

Current through June 24, 2024
(1) FILING A
				  PETITION. An interested person may petition the secretary for a declaratory
				  ruling under s.
				  227.41,
				  Stats., to determine the applicability to that person of any statute or rule
				  enforced by the department. The petition shall comply with s.
				  227.41(2),
				  Stats., and shall be filed with the secretary.
Note: A petition for declaratory ruling may be filed with
					 the Secretary at the following address:
Secretary
Wisconsin Department of Agriculture, Trade and Consumer
					 Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
(2) RESPONSE TO PETITION. Within 30 days
				  after a petition is filed under sub. (1), the secretary shall issue a written
				  notice granting or denying the petition. If the petition is granted, the
				  secretary shall initiate a contested case proceeding under s.
				  227.41(1),
				  Stats., by issuing a hearing notice under s.
				  ATCP 1.20. If the
				  petition is denied, the denial notice shall specify the reasons for the denial.
Example: A notice denying a petition for declaratory ruling
					 may be captioned as follows:
STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND
					 CONSUMER PROTECTION
In the Matter of John Doe, Petitioner
Docket No.
NOTICE DENYING PETITION
FOR DECLARATORY RULING
(3)
				  DISMISSAL. Notwithstanding sub. (2):
(a) A
				  party may move for dismissal of a proceeding under this section at any point in
				  the proceeding.
(b) The final
				  decisionmaker may dismiss a proceeding under this section at any point in the
				  proceeding if the final decisionmaker determines, based on the record, that the
				  proceeding should be dismissed for lack of jurisdiction or other
				  reasons.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter III - Initiating a Contested Case › Section ATCP 1.08 - Request for recovery proceeding

Current through June 24, 2024
(1) DIVISION
				  FILING. To initiate a recovery proceeding under subch. VII of ch. 126, Stats.,
				  the trade and consumer protection division shall file all of the following with
				  the secretary:
(a) A written request, signed
				  by the division administrator, asking that a recovery proceeding be
				  initiated.
(b) Copies of one or
				  more producer claims alleging a financial default, or other evidence of default
				  under subch. VII of ch. 126, Stats.
(c) A proposed default claim filing
				  order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter IV - General Provisions › Section ATCP 1.10 - Administrative law judge's authority and duties

Current through June 24, 2024
(1) AUTHORITY. An
				  administrative law judge may, on behalf of the department and according to this
				  chapter, preside over a contested case proceeding and issue orders regulating
				  the conduct of the proceeding. In a contested case proceeding, unless otherwise
				  provided by the secretary, the administrative law judge may do all of the
				  following:
(a) Require the parties to submit
				  supplementary pleadings in order to clarify positions or issues.
(b) Consolidate proceedings and order the
				  joinder of parties, as appropriate.
(c) Admit intervenors as parties to a
				  proceeding.
(d) Make procedural
				  rulings and issue scheduling orders.
(e) Adjourn or postpone
				  proceedings.
(f) Grant continuances
				  or extensions of time.
(g)
				  Administer oaths and affirmations.
(h) With the approval of the secretary, issue
				  subpoenas to compel the attendance of witnesses and the production of
				  documents.
(i) Make evidentiary
				  rulings and receive relevant evidence.
(j) Regulate discovery proceedings, and issue
				  orders to compel or limit discovery.
(k) Hold prehearing conferences.
(L) Preside over hearings and regulate the
				  course of hearings.
(m) Require or
				  permit the parties to file written briefs and arguments.
(n) Supervise the creation of the contested
				  case record for that portion of the contested case that is conducted under the
				  auspices of the administrative law judge.
(o) If necessary and with the secretary's
				  approval, order and supervise the preparation of a written transcript of oral
				  proceedings conducted before the administrative law judge.
(p) Issue proposed decisions.
(q) At the request of the final
				  decisionmaker, advise the final decisionmaker on final decisions and
				  orders.
(r) Impose or recommend
				  sanctions for disobedient parties under s.
				  ATCP
				  1.11.
(s)
				  Issue final decisions and orders if appointed as final decisionmaker by the
				  secretary.
(t) Certify the
				  contested case record for that portion of the contested case that is conducted
				  under the auspices of the administrative law judge, if certification is
				  necessary for a judicial review proceeding.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter IV - General Provisions › Section ATCP 1.11 - Failure to appear, answer or comply with administrative law judge's order

Current through June 24, 2024
(1) SANCTIONS
				  AGAINST DISOBEDIENT PARTY. If a party, without reasonable excuse, fails to file
				  an answer or pleading as required by s.
				  ATCP
				  1.21, fails to make a required appearance in a
				  proceeding, fails to disclose witnesses or evidence under s.
				  ATCP
				  1.23(3), fails to comply with a
				  subpoena or order issued by the administrative law judge, or fails to comply
				  with the provisions of this chapter, the administrative law judge may take any
				  of the following actions which the administrative law judge considers just in
				  relation to the disobedient party's failure:
(a) Accept an opposing party's allegations as
				  true, and issue a decision and order in the case based on those
				  allegations.
(b) Adopt an opposing
				  party's proposed findings of fact, conclusions of law and order as the
				  administrative law judge's findings of fact, conclusions of law and
				  order.
(c) By order, disqualify the
				  disobedient party from further participation in the proceedings.
(d) By order, stay further proceedings until
				  the disobedient party cures the failure.
(e) By order, prohibit the disobedient party
				  from arguing designated issues or introducing designated matters in
				  evidence.
(f) By order, dismiss the
				  proceeding, or any part of the proceeding, if the proceeding was initiated at
				  the request of the disobedient party.
Note: A person who, in willful violation of a department
					 subpoena or order, fails to appear as a witness or fails to produce evidence in
					 a contested case proceeding, may be coerced as provided in ss.
					 93.14(3)
					 and
					 885.12,
					 Stats., or may be subject to criminal penalties as provided under s.
					 93.21(4),
					 Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter IV - General Provisions › Section ATCP 1.12 - Party may appear by attorney

Current through June 24, 2024
(1) GENERAL. In any
				  contested case, a party may be represented by an attorney who is authorized to
				  practice law in this state. An attorney retained to represent any party in a
				  contested case shall immediately give notice of that representation to the
				  department and to all other parties to the contested case.
(2) ACTIONS BINDING. Actions and omissions by
				  a party's attorney in a contested case are binding on that party, as if the
				  party had taken or omitted those actions directly.
(3) SERVICE OF DOCUMENTS. If a party in a
				  contested case is represented by an attorney, a document served on that
				  attorney is deemed to be served on that party.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter IV - General Provisions › Section ATCP 1.13 - Documents; filing, identification and service

Current through June 24, 2024
(1) DOCKET FILE.
				  The department shall create a docket file for every contested case. The docket
				  file shall be captioned with the docket number and title of the case, "In the
				  matter of ......... ". The docket file shall include the record of the case and
				  any other material filed in connection with the case, subject to the direction
				  of the administrative law judge or final decisionmaker.
(2) DOCUMENTS CAPTIONED. Pleadings, notices,
				  motions, briefs, stipulations, decisions, orders and other documents filed in a
				  contested case shall, to the extent practicable, be captioned with all of the
				  following:
(a) The name of the
				  department.
(b) The title of the
				  contested case.
(c) The docket file
				  number assigned to the contested case.
(d) The name of the document.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter IV - General Provisions › Section ATCP 1.14 - Motions

Current through June 24, 2024
(1)
				  GENERAL. Except as provided under subch. III, a person requesting an order from
				  the administrative law judge or final decisionmaker shall make that request in
				  the form of a motion. A motion shall clearly describe the order sought, and the
				  grounds for granting that order. A person may move the administrative law judge
				  or final decisionmaker for any substantive or procedural order authorized by
				  law, including either of the following:
(a) An
				  order dismissing a party or case for lack of personal or subject matter
				  jurisdiction. A motion to dismiss for lack of jurisdiction may be made at any
				  point in the proceeding, but should be made as soon as the basis for the motion
				  becomes apparent to the moving party.
(b) An order dismissing a case, prior to
				  hearing, for failure to state a claim on which relief can be granted.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter IV - General Provisions › Section ATCP 1.15 - Subpoenas

Current through June 24, 2024
(1) GENERAL. The final decisionmaker,
				  administrative law judge, or a party's attorney of record may issue a subpoena
				  in a contested case to compel the attendance of any witness or the production
				  of relevant evidence.
(2) REQUEST
				  FOR SUBPOENA. A party may request the administrative law judge or final
				  decisionmaker to issue a subpoena on behalf of that party. The requesting party
				  shall submit the proposed subpoena for signature by the administrative law
				  judge or final decisionmaker, and shall mail or deliver a copy of the request
				  to every other party. A party may object to a subpoena or subpoena request and
				  may request a hearing on the objection. The administrative law judge or final
				  decisionmaker shall not sign a subpoena in blank. A party requesting a subpoena
				  is responsible for serving that subpoena, and for paying any service, witness
				  or travel fees.
A person may request form subpoenas from the
						administrative law judge which may be used in preparing subpoenas under this
						section. If a person fails to comply with a department subpoena, that person
						may be compelled as provided under s.
						885.12,
						Stats., or may be subject to penalties under s.
						93.21(4),
						Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter IV - General Provisions › Section ATCP 1.16 - Record of oral proceedings; transcripts

Current through June 24, 2024
(1) RECORD OF ORAL
				  PROCEEDINGS. Oral proceedings in a contested case shall be stenographically or
				  electronically recorded. Oral proceedings in a contested case shall be
				  electronically recorded unless the administrative law judge determines that a
				  stenographic record is necessary and the department approves the creation of a
				  stenographic record.
(2) ELECTRONIC
				  RECORDING; COPIES. If an oral proceeding in a contested case is electronically
				  recorded, a copy of the recording shall be furnished at cost to any party who
				  requests a copy.
(3) WRITTEN
				  TRANSCRIPT. Upon request by any party, the department shall provide the
				  requester with a written transcript of oral proceedings in a contested case.
				  The written transcript may be made from an electronic recording of the oral
				  proceedings. The department shall charge a fee for the written transcript as
				  provided under sub. (4). If the department provides a written transcript of a
				  contested case proceeding to any requester, the department shall inform every
				  party to that case that the written transcript is available.
(4) TRANSCRIPT FEES. If the department
				  provides a written transcript to a requester under sub. (3), the department
				  shall charge a fee as follows:
(a) Except as
				  provided under par. (b) or (c), the department shall charge the requester a
				  transcription fee that covers the department's per page transcription costs
				  plus a copying fee of $.25 per page. If 2 or more parties request a written
				  transcript, the department shall charge each requester a copying fee of $.25
				  per page, but may divide the transcription fee equitably among the
				  requesters.
(b) If the department
				  prepares a written transcript for its own purposes, or at the request of any
				  party for purposes of a judicial review proceeding under s.
				  227.53,
				  Stats., the department shall assume the costs of transcription. Any party may
				  obtain a copy of the transcript for a copying fee of $.25 per page.
(c) The department may provide a written
				  transcript free of charge to a requesting party if the requesting party
				  demonstrates, to the department's satisfaction, that the requesting party is
				  impecunious and has a legal need for the transcript.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter V - Contested Case Proceedings › Section ATCP 1.21 - Answers; required pleadings

Current through June 24, 2024
(1) ANSWER.
(a) If a respondent is named in a complaint
				  under s.
				  ATCP
				  1.05, and is served with a copy of the complaint and
				  the hearing notice issued under s.
				  ATCP 1.20, the
				  respondent shall file a written answer to the complaint. The respondent shall
				  file the answer within 20 days after the complaint and hearing notice are
				  served on the respondent. Upon request by a respondent, the administrative law
				  judge may grant the respondent an extension of time to file an
				  answer.
(b) An answer under par.
				  (a) shall be in writing, and shall be captioned as provided in s.
				  ATCP
				  1.13(2). The answer shall be signed
				  by the respondent or the respondent's attorney, and shall clearly and
				  specifically state the respondent's position with respect to each allegation in
				  the complaint.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter V - Contested Case Proceedings › Section ATCP 1.22 - Prehearing conference

Current through June 24, 2024
(1) GENERAL. The hearing notice under s.
				  ATCP 1.20 may
				  require the parties to appear at a prehearing conference. The administrative
				  law judge may also require the parties to attend one or more prehearing
				  conferences.
Note: A prehearing conference is normally held in every
					 contested case proceeding unless the administrative law judge determines that a
					 prehearing conference is unnecessary. Prehearing conferences are electronically
					 recorded.
(2) PURPOSES. A
				  prehearing conference may be held to consider any of the following:
(a) Possibilities for settling the
				  case.
(b) The clarification of
				  issues.
(c) The necessity or
				  desirability of amending the pleadings.
(d) The possibility of obtaining stipulations
				  of facts, law or evidence that will avoid unnecessary arguments or offers of
				  proof.
(e) The identification of
				  witnesses and evidence for hearing.
(f) Prehearing motions and discovery
				  requests.
(g) The scheduling of
				  proceedings in the contested case, including the date, time and location of
				  hearing.
(h) Other matters which
				  may aid the orderly consideration and disposition of the contested
				  case.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter V - Contested Case Proceedings › Section ATCP 1.23 - Discovery

Current through June 24, 2024
(1) CLASS 2 CONTESTED CASES. In a class 2
				  contested case, every party is entitled to discovery as provided in s.
				  227.45(7)
				  and ch. 804, Stats.
(2) OTHER
				  CONTESTED CASES. In a class 1 or class 3 contested case, the administrative law
				  judge may by order authorize discovery by any party under s.
				  227.45(7)
				  and ch. 804, Stats. Except as provided in s.
				  227.45(7) (a) to
				  (d), Stats., the decision to grant or deny a
				  discovery request in a class 1 or class 3 contested case is subject to the
				  administrative law judge's discretion. The administrative law judge may issue a
				  discovery order in response to a motion by any party, and may impose such
				  limits on discovery as the administrative law judge considers
				  appropriate.
(3) EXCHANGE OF
				  EVIDENCE AND WITNESS LISTS.
(a) Except as
				  provided under par. (b) or ordered by the administrative law judge, every party
				  in a contested case shall provide every other party with all of the following
				  at least 10 days prior to hearing:
1. The
				  name and address of every person whom the party intends to call as a witness in
				  the proceeding. Proposed expert witnesses shall be identified as
				  such.
2. A copy of every document
				  which the party intends to offer as evidence in the proceeding.
3. A description of every item of physical
				  evidence which the party intends to offer as evidence in the proceeding. Upon
				  request by any other party, the party offering the physical evidence shall
				  permit the requesting party to make reasonable inspection of the physical
				  evidence prior to hearing.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter V - Contested Case Proceedings › Section ATCP 1.24 - Settlement

Current through June 24, 2024
(1) GENERAL. At any point in a contested case
				  proceeding, the parties may agree to settle the case. Parties wishing to settle
				  a case shall file both of the following:
(a) A
				  written stipulation, signed by the parties or their representatives, setting
				  forth the agreed terms of settlement.
(b) A proposed order disposing of the case,
				  for signature by the final decisionmaker.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter V - Contested Case Proceedings › Section ATCP 1.25 - Hearing

Current through June 24, 2024
(1)
				  HEARING TIME AND LOCATION.
(a) A contested
				  case hearing shall be held at a time and location specified in the hearing
				  notice under s.
				  ATCP 1.20, or at a
				  time and location specified by the administrative law judge. In determining the
				  hearing time and location, the administrative law judge shall consider all of
				  the following:
1. The location and
				  convenience of the parties.
2. The
				  location and convenience of department personnel involved in the
				  proceeding.
3. The location and
				  convenience of witnesses involved in the proceeding.
4. Public interest and convenience in
				  attending the proceeding.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter V - Contested Case Proceedings › Section ATCP 1.26 - Briefs

Current through June 24, 2024
The administrative law judge may require or permit the
					 parties to file arguments in the form of written briefs, or in the form of a
					 proposed decision. The administrative law judge may establish deadlines for the
					 filing of briefs, and may refuse to consider any brief which is not filed on a
					 timely basis.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter VI - Decisions and Judicial Review › Section ATCP 1.30 - Proposed decision

Current through June 24, 2024
(1) ISSUED BY ADMINISTRATIVE LAW JUDGE. If
				  the administrative law judge is not the final decisionmaker in a contested
				  case, the administrative law judge shall prepare a proposed decision for
				  consideration by the final decisionmaker. The proposed decision shall include
				  proposed findings of fact, proposed conclusions of law, a proposed final order,
				  and the administrative law judge's signed opinion explaining the proposed
				  decision. A copy of the proposed decision shall be mailed or delivered to every
				  party to the contested case.
(2)
				  OBJECTIONS BY PARTIES.
(a) Any party may file
				  written objections to the administrative law judge's proposed decision under
				  sub. (1). Unless the final decisionmaker specifies a different time period, an
				  objecting party shall file objections within a time period specified by the
				  administrative law judge. The objecting party shall identify the legal or
				  factual grounds for each objection, and may file a written brief or argument in
				  support of the objections.
(b) A
				  final decisionmaker may do either of the following:
1. Extend or limit the time for filing
				  objections.
2. Permit the parties
				  to make further oral or written arguments to the final decisionmaker.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter VI - Decisions and Judicial Review › Section ATCP 1.31 - Final decision

Current through June 24, 2024
(1) GENERAL. The final decisionmaker, after
				  considering any proposed decision and objections under s.
				  ATCP 1.30,
				  shall issue the final decision in a contested case. The final decision shall
				  include findings of fact, conclusions of law and an order.
(2) ADMINISTRATIVE LAW JUDGE AS FINAL
				  DECISIONMAKER. If the administrative law judge is also the final decisionmaker,
				  the administrative law judge may do either of the following:
(a) Issue a proposed decision under s.
				  ATCP 1.30
				  before issuing a final decision under sub. (1).
(b) Issue a final decision under sub. (1)
				  without first issuing a proposed decision under s.
				  ATCP 1.30.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter VI - Decisions and Judicial Review › Section ATCP 1.32 - Award of costs and attorneys fees

Current through June 24, 2024
(1) MOTION;
				  ITEMIZED STATEMENT. If an individual, small non-profit corporation or small
				  business is a prevailing party in a contested case, that prevailing party may
				  submit a motion for costs and attorneys fees under s.
				  227.485,
				  Stats. A prevailing party shall submit the motion within 30 days after the
				  administrative law judge issues a proposed decision under s.
				  ATCP
				  1.30(1) or
				  1.31(2)
				  (a) or, if the administrative law judge
				  issues a final decision under s.
				  ATCP 1.31(2)
				  (b) without issuing a proposed decision,
				  within 30 days after the administrative law judge issues that final
				  decision.
(2) REPLY. A division or
				  state agency which is a party to the contested case, and whose action gave rise
				  to the motion for costs and attorneys fees under sub. (1), may file a written
				  response to that motion. The response shall be filed within 30 days after the
				  prevailing party's motion is filed under sub. (1).
(3) DECISION.
(a) The administrative law judge shall issue
				  a decision granting or denying a motion for costs and attorneys fees under sub.
				  (1). The administrative law judge may make a partial award of costs and
				  attorneys fees, as provided under s.
				  227.485(4),
				  Stats. The administrative law judge's decision shall include findings of fact,
				  conclusions of law, and an order granting or denying an award. Except as
				  provided under par. (b), the administrative law judge's decision is final and
				  shall comply with s.
				  ATCP 1.31(1) to
				  (5).
(b) If the administrative law judge is not
				  the final decisionmaker in a contested case, the administrative law judge's
				  decision under par. (a) shall be issued as a proposed decision. Within 30 days
				  after the administrative law judge issues a proposed decision under this
				  paragraph, the parties may file written objections to the proposed decision.
				  After considering the written objections, the final decisionmaker shall issue a
				  final decision granting or denying an award of costs and attorneys fees. The
				  final decision shall comply with s.
				  ATCP 1.31(1) to
				  (5).
(c) A final decision under this subsection is
				  subject to judicial review under s.
				  227.52,
				  Stats. A party may seek judicial review of a final decision granting or denying
				  an award of costs and attorneys fees, regardless of whether the party petitions
				  for judicial review of the department's final decision on the merits of the
				  contested case.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter VI - Decisions and Judicial Review › Section ATCP 1.33 - Costs upon frivolous claim

Current through June 24, 2024
(1) Upon motion by
				  any party under s.
				  ATCP 1.14, and in
				  accordance with s.
				  227.483,
				  Stats., if the administrative law judge finds that a party has initiated or
				  pursued a frivolous action, claim or defense in a contested case, the
				  administrative law judge may order the party to reimburse another party for the
				  direct costs, including reasonable attorney fees, that the other party has
				  incurred in responding to that frivolous action, claim or defense.
(2) An administrative law judge may not find
				  that an action, claim or defense is frivolous under sub. (1) unless the
				  administrative law judge finds at least one of the following:
(a) The action, claim or defense was
				  initiated or pursued in bad faith, solely for the purpose of harassing or
				  maliciously injuring another.
(b)
				  The party or party's attorney knew or should have known that the action, claim
				  or defense was without any reasonable basis in law or equity, and could not be
				  supported by a good faith argument for an extension, modification, or reversal
				  of existing law.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter VI - Decisions and Judicial Review › Section ATCP 1.34 - Judicial review; certifying record to court

Current through June 24, 2024
If a party seeks judicial review of a contested case
					 decision under s.
					 227.52,
					 Stats., the department shall certify the record of the contested case
					 proceeding to the reviewing court as provided in s.
					 227.55, Stats.
					 The administrative law judge shall, on behalf of the department, certify the
					 contested case record to the court.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter VII - Enforcement-Discretion; Small Business › Section ATCP 1.40 - Purpose

Current through June 24, 2024
This subchapter describes, as required by s.
					 227.04(2m),
					 Stats., the discretion the department may exercise in the enforcement of rules
					 against small businesses.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter VII - Enforcement-Discretion; Small Business › Section ATCP 1.41 - Definitions

Current through June 24, 2024
(1) "Minor violation" means a violation of a
				  department rule by a small business that is not a serious violation because the
				  violation does not cause serious harm to the public and either the violation is
				  not willful, the violation is not likely to be repeated, there is a history of
				  compliance by the violator, or the small business has voluntarily disclosed the
				  violation.
(2) "Small business" has
				  the meaning given in s.
				  227.114(1),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 1 - Administrative Orders And Contested Cases › Subchapter VII - Enforcement-Discretion; Small Business › Section ATCP 1.42 - Exercise of discretion

Current through June 24, 2024
(1) The department may exercise leniency in
				  the enforcement of rules against small businesses, as compared to other
				  regulated businesses, if all of the following apply:
(a) The department has statutory authority to
				  exercise discretion.
(b) The
				  exercise of discretion, in favor of small businesses, is not prohibited by s.
				  227.04(2m),
				  Stats., or other applicable law.
Note
The department exercises enforcement
					 discretion based on a wide variety of variable factors that may be relevant to
					 each case.
(c) The rule
				  violation committed by the small business is a minor violation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 3 - Program Administration; General › Subchapter I - Environmental mpact Statements and Assessments › Section ATCP 3.01 - Definitions

Current through June 24, 2024
(1) "Action" means action taken by the
				  department including proposed legislation. It may include actions whereby the
				  department, by means of licenses, permits, rules or orders, affirmatively
				  authorizes other persons to engage in activities which would otherwise be
				  prohibited by law. It does not include:
(a)
				  Actions to enforce existing statutes, rules or orders.
(b) Inactions, except to the extent that an
				  inaction is judicially reviewable as an action under ch. 227, Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 3 - Program Administration; General › Subchapter I - Environmental mpact Statements and Assessments › Section ATCP 3.03 - Environmental impact statements

Current through June 24, 2024
(1) ACTIONS
				  REQUIRING AN ENVIRONMENTAL IMPACT STATEMENT.
(a)
General requirement.
An
				  environmental impact statement shall be prepared in connection with a proposed
				  action if the department determines, on the basis of an environmental
				  assessment or otherwise, that the proposed action is a major action
				  significantly affecting the quality of the human environment, and that an
				  environmental impact statement is required under s.
				  1.11(2)
				  (c), Stats. If an environmental impact
				  statement is required, the department shall make no final decision to proceed
				  with the proposed action until the environmental impact statement has been
				  completed.
(b)
Emergency
				  exception.
If an action is necessary in an emergency, the department
				  is not required to complete an environmental impact statement before initiating
				  the emergency action. However, if an environmental impact statement would be
				  required except for the emergency, the department shall complete the
				  environmental impact statement as soon as possible after the action is
				  initiated, and shall reconsider its action in light of the information
				  disclosed in the environmental impact statement. Under this paragraph, an
				  emergency exists if the department determines that the proposed action is
				  necessary in an emergency to protect public health, safety or welfare; that the
				  purposes of the proposed action cannot reasonably be achieved by other
				  available means; and that time does not allow for the preparation of an
				  environmental impact statement on the proposed action. A finding of emergency
				  shall be made in writing and signed by the secretary, and shall set forth the
				  basis for the emergency finding.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 3 - Program Administration; General › Subchapter I - Environmental mpact Statements and Assessments › Section ATCP 3.05 - Information required by department

Current through June 24, 2024
Persons requesting department action in the form of a
					 license, permit, or other individual authorization from the department may be
					 required to submit information, if reasonably needed by the department, for the
					 preparation of any environmental assessment or environmental impact statement
					 made necessary by the requested action. Information shall be submitted in the
					 form requested by the department. The furnishing of information under this
					 section shall be a condition to the issuance of the requested license, permit,
					 or authorization. The department shall exercise its independent judgment when
					 preparing the required environmental assessment or environmental impact
					 statement. The department may use or discount information provided by the
					 applicant or any other person, based on the department's assessment of the
					 reliability of the information.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 3 - Program Administration; General › Subchapter I - Environmental mpact Statements and Assessments › Section ATCP 3.06 - Availability of documents; filing

Current through June 24, 2024
All environmental assessments, and all draft and final
					 environmental impact statements shall be kept on permanent file and be
					 available for public inspection and copying at the department, except as
					 otherwise provided under subch. II of ch. 19, Stats. The department may, in its
					 discretion, charge a reasonable fee to cover the cost of any requested copying
					 or distribution.