Wis. Admin. Code ATCP § ATCP 65.925

Current through February 27, 2023
Section ATCP 65.925 - Suspension notice; requirements

Whenever the division suspends a milk producer license under s. ATCP 65.920(3), or a grade A producer permit, under s. ATCP 65.920(6) or 65.922(2) or, the suspension notice shall comply with all of the following requirements:

(1) ISSUED BY AUTHORIZED PERSON. A suspension notice shall be issued by one of the following:
(a) The division administrator.
(b) A person that the division administrator designates in writing, by name or position.
(c) A division representative if the suspension notice is issued under s. ATCP 65.920(6) (a) 4.
(2) REASON FOR SUSPENSION. A suspension notice shall specify the reasons for which the suspension notice is issued.
(3) TERM OF SUSPENSION; REINSTATEMENT REQUIREMENT. A suspension notice shall indicate the term of the suspension or, if the suspension is for an indefinite term, the conditions that the milk producer must meet in order to obtain reinstatement of the milk producer license or grade A producer permit. Conditions for reinstatement shall be reasonably related to the reasons for which the license or permit is suspended. A summary license suspension notice under s. ATCP 65.920(2) may authorize a dairy plant operator to receive milk from the suspended milk producer directly or via a milk contractor, on a conditional basis, pending full reinstatement of the milk producer's license, provided that the dairy plant operator or milk contractor performs inspections or tests specified in the suspension order.
(4) REINSTATEMENT APPLICATION FORM. A notice suspending a grade A producer permit, under s. ATCP 65.920(6) (a), shall be accompanied by a reinstatement application form which may be used by the affected milk producer to apply for reinstatement of the milk producer's grade A producer permit. The form shall include a statement, to be signed by the affected milk producer, that all requirements for the reinstatement of the grade A producer permit have been met to the best of the milk producer's knowledge. If a milk producer requests a hearing on a suspension under s. ATCP 65.928, a request for reinstatement under this subsection does not constitute an admission or waiver by the milk producer with respect to any fact, issue or cause of action.
(5) NOTICE OF RIGHT TO HEARING. A suspension notice shall include a notice that the milk producer may request a hearing on the suspension, as provided under s. ATCP 65.928.
(6) SERVICE ON MILK PRODUCER. A suspension notice shall be served on the affected milk producer by one of the following methods:
(a) By delivering the notice in person to the milk producer or to a competent member of the milk producer's household who is 14 years of age or older.
(b) By mailing the notice to the milk producer. Service may be proved by an affidavit of mailing or by a return receipt signed by the milk producer. Absent proof of later delivery, a notice served by mail is considered served three business days after the date of mailing.
(c) For a notice suspending a grade A producer permit, under s. ATCP 65.920(6), by posting the suspension notice in a prominent location in the milk producer's milkhouse. A notice posted in the milkhouse under this paragraph is considered served at the time of posting.
(7) COPY PROVIDED TO DAIRY PLANT OPERATOR. A copy of every suspension notice shall be mailed or delivered to the dairy plant operator or milk contractor who normally procures milk from the milk producer at least three days before the start of the suspension. Failure to mail or deliver a copy to the dairy plant operator or milk contractor does not invalidate a suspension notice.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 65.925

Adopted by, CR 14-073: cr. Register August 2016 No. 728, eff. 9-1-16; correction in (intro.) made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9/1/2016