Section ATCP 140.18 - Decision after hearing(1) Following hearing on a proposal to adopt, amend or repeal a marketing order, the secretary shall make and publish a decision on the proposal, as provided under s. 96.07, Stats., in consultation with the board of agriculture, trade and consumer protection. The decision shall be issued within 45 days after close of the hearing record, and shall set forth the factual basis and rationale for the decision, including the findings or determinations required under sub. (2). The decision shall determine: (a) Whether the proposal is denied, or advanced to a referendum of affected producers or handlers under s. ATCP 140.19. No proposal may be advanced to a referendum unless the secretary makes findings or determinations as provided in s. 96.07(1) (a) through (c), Stats.(b) Whether, and how the proposal will be modified for referendum. The decision shall include the complete text of the final proposal to be submitted to referendum. Changes from the hearing draft proposal shall be clearly noted.(c) The voting requirement to be used in determining whether the proposal is approved or disapproved upon referendum. The voting requirement shall be chosen from among the alternatives set forth under s. 96.08, Stats., and may be different from the voting requirement requested by the sponsors or included in the hearing draft. A proposal to amend or repeal a marketing order shall be subject to the same voting requirement that was used to adopt the marketing order. Bloc voting is permitted in connection with the voting requirements under s. 96.08(1) (b) 1, 3., 5., and 6., Stats. Bloc voting is not permitted in connection with the voting requirements under s. 96.08(1) (b) 2 or 4., Stats.(2) The secretary's decision under sub. (1) shall include: (a) A list of persons testifying at the hearings, or submitting written comments within the comment period specified in the hearing notice.(b) The identity of the sponsors of the marketing order proposal, if proceedings on the proposal were initiated in response to a petition or request.(c) The history of the proposal.(d) The nature and objectives of the proposal, as presented by the sponsors and represented in the hearing draft.(e) A discussion and analysis of the hearing arguments for and against the proposal.(f) A projection and analysis of the financial impact of the proposal on affected producers and handlers.(g) The projected market impact of the proposal, including the potential impact on consumers and small business.(3) If the proposal would create or expand the size of a marketing board, and if the secretary's decision advances the proposal to referendum, the decision shall include a call for nominations to the marketing board, pursuant to s. 96.10, Stats., and s. ATCP 140.20.(4) Copies of the secretary's findings and decision shall be mailed, within the time period provided under sub. (1), to all persons appearing at the hearings or submitting written comments for the hearing record. If the decision includes a call for nominations under sub. (3), the decision shall be announced in a statewide press release by the department. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 140.18
Cr. Register, November, 1985, No. 359, eff. 12-1-85.