Section ATCP 50.618 - Technical standards development process(1) The department, in consultation with the department of natural resources, shall develop and revise technical standards to implement the performance standards and prohibitions under s. 281.16 (3) (a), Stats., if needed.(2) The department may decide that the following is necessary to implement a performance standard: (a) Develop a new technical standard for which the department will be the custodian.(b) Revise an existing technical standard for which the department is the custodian.(3) The department shall use the process used by the standards oversight council, or other inter-disciplinary team, when it acts to develop or revise technical standards for which it is the custodian. The process shall include the following:(a) The department shall convene a work group that includes agencies and persons with technical expertise and direct policy interest.(b) The work group shall publish a class 1 public notice and consider public comments received on the technical standard prior to providing recommendations to the department.(c) The work group shall provide a recommended technical standard to the department.(4) Review and approval of technical standards.(a) Upon receipt of a recommended technical standard or technical standard revision, the department shall determine if the technical standard will effectively achieve or contribute to achievement of the performance standards under s. 281.16 (3) (a), Stats.(b) If the department determines that a recommended technical standard will not adequately or effectively implement a performance standard under s. 281.16 (3) (a), Stats., the recommended technical standard may not be used to implement a performance standard in whole or in part.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.618
Adopted by, CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in numbering in section under s. 13.92 (4) (b) 1, Stats., Register May 28 No. 821, eff. 6/1/2024