Wis. Admin. Code ATCP § ATCP 97.06

Current through November 25, 2024
Section ATCP 97.06 - License suspension or revocation
(1) GENERAL. The secretary may suspend, revoke or impose conditions on a public warehouse keeper's license for cause pursuant to s. 93.06(7) and (8), Stats. Cause may include any violation of this chapter.

Note: See ch. ATCP 1 for procedure in suspension or revocation proceedings.

(2) SUMMARY SUSPENSION.
(a) The secretary may issue a summary order suspending a public warehouse keeper's license without prior notice or hearing if the secretary determines that any of the following conditions exists:
1. The public warehouse keeper has failed to file security required under s. ATCP 97.08.
2. The security filed by the public warehouse keeper does not comply with s. ATCP 97.08.
3. The security filed by the public warehouse keeper has been canceled without adequate prior notice to the department under s. ATCP 97.08.
4. The public warehouse keeper has failed to file satisfactory security to replace a canceled surety bond before the effective date of the cancellation.
5. The public warehouse keeper has failed to file satisfactory security to replace an expiring letter of credit at least 31 days before that letter of credit expires.
6. The public warehouse keeper has failed to file satisfactory security to replace a canceled or expired insurance policy before the effective date of the cancellation or expiration.
7. There is an imminent threat of substantial harm to stored property because the public warehouse keeper's warehouse is unsuitable for storing that type of property, or because the public warehouse keeper is not adequately protecting stored property from loss or damage.
(b) A summary order under this par. (a) shall set forth the specific basis for the order.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 97.06

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

A person adversely affected by a summary suspension is entitled to a prompt informal hearing and a full evidentiary hearing upon request, as provided under s. ATCP 1.03(3).