Section ATCP 74.04 - Agent status(1) AGENT PROPOSED PROGRAM PLAN. To become a new agent, a local health department shall submit a written proposed program plan to the department, in a form specified by the department, describing the proposed agent program. The proposed program plan shall describe all of the following: (a) Employee positions that will issue licenses or conduct investigations and inspections.(b) Staffing and budget plans for issuing licenses, making investigations and inspections, providing technical assistance, and enforcing applicable state statutes and rules and local ordinances.(c) A list of the licenses that may be issued by the agent. A local ordinance may combine and expand license categories, so long as those categories include all of the types of establishments that shall be licensed under the agent contract.(d) A list of the fees to be charged by the agent to licensees. A local ordinance may establish local license fees that differ from fees charged under chs. ATCP 72, 73, 75, 76, 78, and 79 and ch. ATCP 75 Appendix, for licenses issued by the department. All license fees shall be based on the agent's reasonable program costs, pursuant to s. 97.41(4), Stats.(e) A description of the inspection and enforcement program to be implemented by the agent including a copy of applicable village, city, or county ordinances or regulations.(f) Procedures to ensure cooperation between the agent and appropriate federal, state, local, and tribal agencies in the event of a natural disaster or other emergency.(g) Procedures for investigating complaints concerning licensees under the contract and unlicensed activity that may require licensing and inspection.(h) Procedures for notifying the department when the agent receives information or a complaint concerning an establishment that may need to be licensed or inspected within the agent's geographical area but under the department's jurisdiction.(i) Procedures for investigating reports of suspected foodborne illness, including cooperation with the department.(j) Procedures to ensure the time period, within which the agent will make a determination on an application for a license, does not exceed 30 days following receipt of a complete application.(k) Any other information that the department may reasonably require for its review of the agent's program plan.(2) LOCAL HEALTH DEPARTMENT OUTREACH TO AFFECTED LICENSE HOLDERS. The local health department shall provide opportunities for affected licensees to review the proposed program plan and provide comments and feedback to the local health agency and the department.(3) DEPARTMENT ACTION ON PROPOSED PLAN. The department shall review the proposed program plan and accept or deny the application, pursuant to sub. (1), within 60 days after the department receives it. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 74.04
Amended by, CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (1) (d) made under s. 35.17, Stats., Register February 2018 No. 746, eff. 5/27/2018