Wis. Admin. Code ATCP § ATCP 65.928

Current through February 27, 2023
Section ATCP 65.928 - Right of hearing
(1) HEARING REQUEST. A person adversely affected by any of the following division actions may ask the department to hold a hearing on that action:
(a) The denial of a milk producer license application or grade A producer permit application under s. ATCP 65.02.
(b) The summary suspension of a milk producer license, under s. ATCP 65.920(3).
(c) The issuance of a warning notice, under s. ATCP 65.920(5) (a).
(d) The suspension of a grade A producer permit, under s. ATCP 65.920(6) (a).
(e) The denial of a reinstatement application, under s. ATCP 65.920(5) (d) or (7).
(f) A holding order, disposal order, or other summary action, under s. ATCP 65.927.
(g) The suspension or revocation of a dairy plant license or grade A permit, under s. ATCP 65.926.
(2) FORM AND TIMING OF REQUEST; EFFECT PENDING HEARINGS. A person requesting an informal hearing, under sub. (3), shall make that request, in writing, within 10 days after the person receives notice of the division action. A request for hearing does not stay the effect of any action under this chapter. The filing deadline under this subsection is waived if the department fails to give the milk producer timely written notice of the filing deadline.
(a) Whenever the department receives a hearing request under sub. (2), the department shall conduct an informal hearing on the contested action. The hearing shall be conducted by a presiding officer who is a department employee or official who was not personally involved in the investigation or decision to take the contested action, and who has authority to withdraw or correct the action as necessary. The division shall conduct the informal hearing unless the contested action was taken by the division administrator. The division shall hold the informal hearing within 20 days after it receives the hearing request under sub. (2), unless the person requesting the hearing agrees to a later date. The division may hold the informal hearing by telephone or at the division's office.
(b) The issue for hearing, held under par. (a), shall be limited to whether the division had adequate grounds for the contested action. Within 2 business days after the conclusion of the informal hearing, the presiding officer shall issue a brief written memorandum that summarizes the informal hearing, and any decision or action resulting from the informal hearing. A copy of the memorandum shall be provided to the person who requested the hearing. The memorandum shall include notice of the person's right to request a full evidentiary hearing under sub. (4).
(4) FULL EVIDENTIARY HEARING. If a person adversely affected by a division action either files a timely written request for hearing under sub. (2), and the matter is not resolved by an informal hearing under sub. (3), or does not want an informal hearing, the person may request a full evidentiary hearing before the department, pursuant to subch. III of ch. 227, Stats., and ch. ATCP 1. The person shall make the hearing request as specified in s. ATCP 1.06. A full evidentiary hearing, if any, shall be held before an administrative law judge appointed by the secretary. A request for a full evidentiary hearing does not stay any action under this chapter.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 65.928

Adopted by, CR 14-073: cr. Register August 2016 No. 728, eff. 9/1/2016