Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 74.06 - Terms of the contract
(1) If the department accepts the proposed
program plan from the local health department, the department shall prepare a
contract to be signed by both parties, whereby the agent agrees to comply with
this chapter and chs.
ATCP 72, 73, 75, 76, 78, and 79
and ch. ATCP 75 Appendix, and has met all the conditions in the accepted
program plan, including enactment of local ordinances that adopt the
department's rules, by reference, or are at least as stringent and do not
conflict with the department's rules.
(2) The contract shall be in effect for three
fiscal years unless otherwise specified, and shall remain in effect during the
three fiscal years unless specifically terminated, revoked, or suspended, as
provided in the contract. The department shall issue contracts for future
contract periods to the agent by January 1 of the last fiscal year of the
current contract. The agent shall commit to continue as the department's agent
for the future contract period, by signing and returning the contract by March
1 of the last fiscal year of the current contract.
(3) Either party may terminate the contract
by providing written notice of termination to the other party at least 90 days
before the termination is to take effect.
(4) When the contract is signed by both
parties, the local health department shall assume authority and the
responsibility to enforce the provisions of ss.
97.30,
97.617,
and
97.67,
Stats., and chs.
ATCP 72, 73, 74, 75, 76, 78, and
79 and ch. ATCP 75 Appendix. The agent program shall issue licenses and perform
all inspections necessary to enforce these statutes and rules.
(5) Upon execution of the contract, the
department shall discontinue all licensing and enforcement activities in the
agent's jurisdiction, for the period of time the contract is in effect,
pursuant to ss.
97.30 and
97.65,
Stats.
(6) Notwithstanding subs.
(4) and (5), the department may act, pursuant to ss. 97.41(8) and
97.615(2) (h), Stats., to take appropriate inspection
or enforcement action or both if the department has determined that the agent
program has not acted expeditiously or appropriately to take such
action.
(7) Whenever feasible, the
department shall provide notice to an agent program at least one fiscal year
before making any changes to department policies and procedures not specified
in the contract that would adversely affect the budget of an agent
program.
Notes
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