Section ATCP 94.410 - Reimbursement of product-analysis and investigation costs(1) INVESTIGATIONS AND TESTING. An owner or seller of a product shall reimburse the department for all of the following, as specified in sub. (2): (a) Investigation and testing of fuel specification failures, misdeliveries, and contaminated fuel.(b) Investigation and testing of mislabeled products.(c) Investigation and testing related to accidents or explosions under s. ATCP 94.100 (6).(d) Investigation and testing requested by the owner or seller of the product.(2) COSTS. An owner or seller of a product shall reimburse the department the cost of shipping plus: (a) $80 per hour for investigations and testing by the department conducted between 7:45 a.m. and 4:30 p.m. on weekdays Monday through Friday.(b) $120 per hour for investigations and testing performed by the department on Saturdays, Sundays, holidays, and at times other than scheduled from 7:45 a.m. and 4:30 p.m. on weekdays Monday through Friday.(3) OUTSIDE TESTING. An owner or seller of products which are subjected to an analysis that cannot be performed by department equipment and which are therefore sent to an outside testing source shall reimburse the department for the actual cost of the analysis, the cost of shipping, the fee specified in sub. (2), and pay any fee assessed under this chapter.(4) DUE DATE. All reimbursements and fees that are due under this section shall be paid within 15 calendar days of billing.(5) CONTINUATION OF SHUTDOWN. Failure to pay any reimbursements or fees required under this section, for a liquid fuel storage tank system that has been shut down under s. ATCP 94.100 (8), shall result in a continuation of that shutdown.(6) WAIVER. All reimbursements and fees under this section shall be waived if the analysis or investigation determines that the corresponding product complies with this chapter.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 94.410
CR 05-081: cr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.650 and am. (2) (c), (5) Register December 2010 No. 650, eff. 1-1-11; correction to numbering made under s. 13.92(4) (b) 1, Stats., Register December 2010 No. 660; correction in (1), (2) (intro.), (c), (5) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (2) (c), (5) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.Amended by, CR 21-096: renum. (1) to (3) and am., r. (2), cr. (1) and (2), renum. (3) to (6), am. (5) Register February 2024 No. 818, eff. 3-1-24; correction in (2) (b) made under s. 35.17, Stats., Register February 2024 No. 818, eff. 3/1/2024