Wis. Admin. Code ATCP § ATCP 74.18

Current through August 26, 2024
Section ATCP 74.18 - Reimbursement and other payments for services
(1) DEPARTMENT REIMBURSEMENT TO AGENTS.
(a) By September 30 of each fiscal year, the department shall reimburse agent programs for inspecting vending machines during the previous fiscal year under terms and conditions specified in the contract. The department shall, upon written request, provide any agent with information on how to request reimbursement.
(am) Fee reimbursements for the inspection of vending machines that have moved from one agent program's jurisdiction to another shall be credited to the agent program making the first inspection during the fiscal year.
(b) The reimbursement rate may not exceed 20% of the state license fees the department sets by administrative rule for the types of establishments that the agent issues licenses. The calculation of the state fees is based on state license fees only, not pre-inspection and reinspection fees. The current reimbursement rate is set within these limits by the contract.
(2) AGENT REIMBURSEMENT TO THE DEPARTMENT.
(a) By September 30 of each fiscal year, agent programs shall reimburse the department for each license issued by the agent program during the preceding fiscal year as a fee for agent training, support, and oversight costs under terms and conditions specified in the contract. The reimbursement rate may not exceed 20% of the state license fees the department sets by administrative rule for the types of establishments that the agent issues licenses. The department shall provide at least one fiscal year notice before an increase in reimbursement occurs.
(am) Retail food and recreational establishment license fee reimbursement shall be:
1. A fee equal to 10% of the applicable state license fee, regardless of the license fee actually charged by the local agent, if the local agent prepares and submits to the department, by September 30 of that year, an annual self-assessment as required by ss. 97.41 and 97.615, Stats.
2. A fee equal to 20% of the applicable state license, regardless of the license fee actually charged by the local agent, if the local agent fails to submit the annual self-assessment in par. (am) to the department by September 30 of that year. A fee payment under this paragraph does not exempt the agent from the duty to prepare and submit an annual self-assessment.
(3) ADDITIONAL DEPARTMENT COSTS. If an agent program has contracted with the department, pursuant to s. 97.41, Stats., and s. ATCP 74.06, for the department to collect fees and issue licenses, the agent program shall pay the department for the actual cost of providing these services.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 74.18

Adopted by, CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in numbering in (1), (2) made under s. 13.92(4) (b) 1, Stats., and correction in (2) (am) 2. made under s. 13.92(4) (b) 7, Stats., Register February 2018 No. 746, eff. 5/27/2018