1. (1) Division complaints. To obtain a special order from the secretary or final decisionmaker, other than in a recovery proceeding, a division shall file a written complaint with the secretary. The complaint shall be signed by the division administrator or designee, or other employee in a specified position in the division when the division administrator or designee is designated to sign the final order, and shall comply with sub. (3).

2. (2) Other complaints.

   1. (a) To obtain a special order under s. 100.20 (4) or 100.201 (9) (b), Stats., a complainant authorized under s. 100.20 (4) or 100.201 (9) (f), Stats., shall file a written complaint with the secretary. The complaint shall be signed by the complainant and shall comply with sub. (3).

      Note: A complaint may be filed with the secretary at the following address:

      Secretary
      Wisconsin Department of Agriculture, Trade and Consumer Protection
      2811 Agriculture Drive
      P.O. Box 8911
      Madison, WI 53708-8911

   2. (b) Before filing a complaint with the secretary under s. 100.20 (4), Stats., the department of justice shall provide a copy of the complaint to the trade and consumer protection division.

3. (3) Complaint form and contents. A complaint shall be captioned as provided under s. ATCP 1.13 (2), and shall include all of the following:

   1. (a) The identity of the complainant.
   2. (b) The statutory authority under which the complaint is filed.
   3. (c) The identity and address of each respondent against whom the complaint is filed.
   4. (d) An identification of the statutes, rules or orders, if any, which each respondent allegedly violated.
   5. (e) A concise statement of facts constituting the alleged violations, or forming the basis for the complaint.
   6. (f) A concise statement describing the order requested of the secretary, designee, or final decisionmaker, and the department’s authority to issue that order.

   7. (g) If the complainant seeks a summary special order, the additional material required under sub. (5) (b).

      Example: If a division seeks a special order suspending a retail food establishment license, the division’s complaint may be captioned as follows:

      - See PDF for table

      - See PDF for table

4. (4) Proceedings initiated in response to complaint.

   1. (a) In response to a complaint under sub. (1) or (2), the secretary shall initiate a contested case proceeding by issuing a hearing notice under s. ATCP 1.20. The department shall mail or deliver a copy of the notice, together with a copy of the complaint, to the administrative law judge, the complainant, and each respondent identified in the complaint.

   2. (b) Notwithstanding par. (a):

      1. 1. A party may move for dismissal of a contested case at any point in a contested case proceeding.

      2. 2. The final decisionmaker may dismiss a contested case at any point in a contested case proceeding if the final decisionmaker determines, based on the record, that the proceeding should be dismissed for lack of jurisdiction or other reasons.

         Note: For example, based on a party’s pre-hearing motion, the administrative law judge and final decisionmaker may conclude that a contested case should be dismissed for jurisdictional or other reasons notwithstanding the secretary’s action under par. (a).

5. (5) Request for summary special order.

   1. (a) In addition to or in lieu of other relief, a complainant may ask the secretary or final decisionmaker to issue a summary special order which is authorized by law. A complainant may request a summary special order as part of a complaint under sub. (1) or (2), or may file the request in the form of a motion at any time after a complaint is filed.

   2. (b) A request for a summary special order shall include all of the following:

      1. 1. A statement of the department’s authority to issue the summary special order.
      2. 2. A statement indicating why the summary special order is necessary and justified.
      3. 3. An affidavit setting forth the facts which justify the summary special order.
      4. 4. A copy of the proposed summary special order.
6. (6) Amending or withdrawing a complaint. A complainant may, with leave from the administrative law judge, amend or withdraw a complaint at any point in a contested case proceeding. The administrative law judge may withhold leave if the amendment or withdrawal would unduly delay or disrupt the proceeding, or would work a significant injustice against any party.

History

History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; CR 09-054: am. (1), (6), r. and recr. (4) Register December 2010 No. 660, eff. 1-1-11; CR 16-013: am. (1), (3) (f) Register August 2016 No. 728, eff. 9-1-16.