1. (1) The department may, for cause, deny, suspend, revoke, or impose conditions on a license or permit issued under this chapter. Cause includes any of the following:

   1. (a) Failure to comply with s. 94.64 or 94.65, Stats., or this chapter.
   2. (b) Failure to provide information required under s. 94.64 or 94.65, Stats., or this chapter.
   3. (c) Failure to comply with the terms and conditions of a license or permit issued under this chapter. This may include violations resulting from material changes in product contents, product labeling, or product advertising or promotional claims.
   4. (d) In the case of a permit issued under s. ATCP 40.12 or 40.28, the permit holder no longer holds a license under s. ATCP 40.04 or 40.28 that is required for the validity of the permit.

   5. (e) In the case of a permit issued under s. ATCP 40.12 or 40.28, the permit holder has not distributed any product pursuant to the permit for at least 12 months.

      Note: Sections 93.06 (7) and (8), Stats., authorize the department to deny, suspend, revoke, or impose conditions on licenses or permits.

2. (2) Summary permit suspension.

   1. (a) The department’s division of agricultural resource management may, by written notice, summarily suspend or impose conditions on a permit issued under s. ATCP 40.12 or 40.28, for any of the reasons identified in sub. (1).
   2. (b) A summary suspension under par. (a) shall take effect on a date specified in the suspension notice, but not sooner than 10 days after the suspension notice is served on the permit holder. The division administrator shall sign the suspension order.
   3. (c) A permit holder may request a hearing on a summary suspension under this subsection, pursuant to s. ATCP 1.03. The administrative law judge or final decision maker may stay the summary suspension pending hearing or decision, but a request for hearing does not automatically stay a summary suspension.

History

History: CR 04-140: cr. Register September 2005 No. 597, eff. 10-1-05.