Section ATCP 1.42 - Exercise of discretion(1) The department may exercise leniency in the enforcement of rules against small businesses, as compared to other regulated businesses, if all of the following apply: (a) The department has statutory authority to exercise discretion.(b) The exercise of discretion, in favor of small businesses, is not prohibited by s. 227.04(2m), Stats., or other applicable law. Note The department exercises enforcement discretion based on a wide variety of variable factors that may be relevant to each case.
(c) The rule violation committed by the small business is a minor violation.(2) The department may consider relevant factors in its exercise of discretion under sub. (1), including any of the following that may be relevant:(b) The difficulty and cost of compliance for a small business, as compared to other businesses.(c) The financial capacity of a small business, as compared to other businesses.(d) The compliance options available, including options for achieving voluntary compliance. (i) The level of public interest and concern.(j) Whether the small business has had a reasonable opportunity to understand and comply with the rules.(k) Fairness to the small business and other persons, including competitors and the public.(3) An exercise of discretion under sub. (1) may include a decision to forego formal sanctions, or to seek reduced sanctions for a small business as compared to other businesses. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 1.42
CR 06-028: cr. Register November 2006 No. 611, eff. 12-1-06; CR 12-043: cr. (1) (c), r. (2) (a), (e) to (h), (L) Register May 2013 No. 689, eff. 6-1-13.Amended by, correction in (1) (b) made under s. 13.92(4) (b) 7, Stats., Register June 2015 No. 714, eff.7/1/2015. Fines and civil forfeitures are determined and imposed by courts, not by the department.