(1) DIVISION
COMPLAINTS. To obtain a special order from the secretary or final
decisionmaker, other than in a recovery proceeding, a division shall file a
written complaint with the secretary. The complaint shall be signed by the
division administrator or designee, or other employee in a specified position
in the division when the division administrator or designee is designated to
sign the final order, and shall comply with sub. (3).
(2) OTHER COMPLAINTS.
(a) To obtain a special order under s.
100.20(4) or
100.201(9) (b), Stats., a complainant authorized under
s.
100.20(4) or
100.201(9) (f), Stats., shall file a written complaint
with the secretary. The complaint shall be signed by the complainant and shall
comply with sub. (3).
Note: A complaint may be filed with the
secretary at the following address:
Secretary
Wisconsin Department of Agriculture, Trade and Consumer
Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
(b) Before filing a complaint with the
secretary under s.
100.20(4),
Stats., the department of justice shall provide a copy of the complaint to the
trade and consumer protection division.
(3) COMPLAINT FORM AND CONTENTS. A complaint
shall be captioned as provided under s.
ATCP 1.13(2), and shall include all of the
following:
(a) The identity of the
complainant.
(b) The statutory
authority under which the complaint is filed.
(c) The identity and address of each
respondent against whom the complaint is filed.
(d) An identification of the statutes, rules
or orders, if any, which each respondent allegedly violated.
(e) A concise statement of facts constituting
the alleged violations, or forming the basis for the complaint.
(f) A concise statement describing the order
requested of the secretary, designee, or final decisionmaker, and the
department's authority to issue that order.
(g) If the complainant seeks a summary
special order, the additional material required under sub. (5) (b).
STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND
CONSUMER PROTECTION
|
In the Matter of the Retail Food Establishment
License Application of Acme Foods, Respondent
|
Docket No. _____________COMPLAINT
|
(4) PROCEEDINGS INITIATED IN RESPONSE TO
COMPLAINT.
(a) In response to a complaint
under sub. (1) or (2), the secretary shall initiate a contested case proceeding
by issuing a hearing notice under s.
ATCP 1.20. The
department shall mail or deliver a copy of the notice, together with a copy of
the complaint, to the administrative law judge, the complainant, and each
respondent identified in the complaint.
(b) Notwithstanding par. (a):
1. A party may move for dismissal of a
contested case at any point in a contested case proceeding.
2. The final decisionmaker may dismiss a
contested case at any point in a contested case proceeding if the final
decisionmaker determines, based on the record, that the proceeding should be
dismissed for lack of jurisdiction or other reasons.
Note: For example, based on a party's
pre-hearing motion, the administrative law judge and final decisionmaker may
conclude that a contested case should be dismissed for jurisdictional or other
reasons notwithstanding the secretary's action under par. (a).
(5) REQUEST
FOR SUMMARY SPECIAL ORDER.
(a) In addition to
or in lieu of other relief, a complainant may ask the secretary or final
decisionmaker to issue a summary special order which is authorized by law. A
complainant may request a summary special order as part of a complaint under
sub. (1) or (2), or may file the request in the form of a motion at any time
after a complaint is filed.
(b) A
request for a summary special order shall include all of the following:
1. A statement of the department's authority
to issue the summary special order.
2. A statement indicating why the summary
special order is necessary and justified.
3. An affidavit setting forth the facts which
justify the summary special order.
4. A copy of the proposed summary special
order.
(6)
AMENDING OR WITHDRAWING A COMPLAINT. A complainant may, with leave from the
administrative law judge, amend or withdraw a complaint at any point in a
contested case proceeding. The administrative law judge may withhold leave if
the amendment or withdrawal would unduly delay or disrupt the proceeding, or
would work a significant injustice against any party.
Notes
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection
ATCP 1.05
Cr. Register, May,
1992, No. 437, eff. 6-1-92; CR 09-054: am. (1), (6), r. and recr. (4) Register
December 2010 No. 660, eff. 1-1-11.
Amended by,
CR 16-013: am. (1), (3) (f)
Register
August 2016 No. 728, eff.
9/1/2016
