Section ATCP 48.52 - Compliance orders(1) AUTHORITY. The department may, without prior notice or hearing, issue an order which does any of the following: (a) Prohibits the construction or modification of a district drain or corridor if the department finds that the construction or modification violates this chapter. An order under this paragraph shall specify the activity prohibited by the order, and shall specify why that activity violates this chapter.(b) Requires a county drainage board to file with the department a specific maintenance and repair plan for a drainage district.(c) Requires a county drainage board to file with the department a copy of any record or report required under this chapter.(d) Requires a county drainage board to comply with applicable requirements under this chapter. Note: See s. 88.11(6) and (7), Stats.
(2) WHO MAY ISSUE. An order under sub. (1) may be issued by the administrator of the department's division of agricultural resource management, or by a person designated in writing by that division administrator. (3) VIOLATIONS PROHIBITED. No person may violate an order issued by the department under sub. (1). (4) FORM AND CONTENTS. An order under sub. (1) shall be issued in writing, and shall include all of the following: (a) The name or number of the drainage district.(b) The name of the person to whom the order is issued.(c) Notice that persons adversely affected by the order may request a hearing to contest the order, or to demonstrate compliance with conditions specified for withdrawal of the order.(5) SERVING THE ORDER. (a) An order under sub. (1) shall be served on the person to whom it is directed. An order may be served in person or by mail. If an order is directed to the county drainage board, the department shall serve the order on at least one member of the county drainage board. The department shall mail or deliver a copy of every order under sub. (1) to the county drainage board, regardless of whether the order is directed to the county drainage board. Note: Any person, including but not limited to the county sheriff, may personally serve an order on behalf of the department. If necessary, the department may prove service by means of an affidavit of mailing, a certified mail return receipt, or an affidavit of service.
(b) An order under sub. (1) takes effect immediately after it is served on the person to whom it is directed. (6) WITHDRAWING OR MODIFYING THE ORDER. A person adversely affected by an order under sub. (1) may request the department to withdraw or modify the order. A request under this subsection shall specify the reasons justifying the request. A request may be made orally, but the department may require the requester to confirm the request in writing. The department may withdraw or modify the order as appropriate. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 48.52
Cr. Register, June, 1995, No. 474, eff. 7-1-95.