Section 140.13. Petition or request to initiate proceedings; requirements.

 

(1)  Before initiating proceedings on any proposal to adopt, amend or repeal a marketing order, the secretary may require the sponsors of the proposal to submit or deposit with the secretary:

(a) A written draft of the proposed marketing order or marketing order amendment, if the sponsors propose to adopt or amend a marketing order. A written draft shall be included with all petitions under s. 96.05 (2) , Stats., and with other proposals if required by the secretary. The draft proposal may be modified by the department as provided in s. ATCP 140.14 before any hearing is held on the proposal.

(b) A clear statement of the substance or nature of the proposal. The statement shall be included with all petitions under s. 96.05 (2) , Stats., and with other proposals if required by the secretary. If the sponsors propose to adopt a marketing order, the statement shall include:

1. The objectives of the proposed marketing order. Objectives shall be consistent with the provisions of s. 96.03 (2) , Stats.

2. A description of the class of producers or handlers who would be affected by the proposed marketing order, including the approximate number of producers or handlers who would be affected.

3. A specific statement describing how marketing order assessments would be computed and paid under the marketing order. The description shall indicate:

a. How the basis for assessments would be determined.

b. The situations in which handlers would be expected to collect and remit assessments.

c. The situations in which producers would be expected to collect and remit assessments.

d. The point at which assessments would become due and payable.

e. The records which producers or handlers would be required to keep in order to document whether assessments are due and payable, and in what amounts.

4. The size of the marketing board and the representation of producers and handlers on the marketing board under the proposed marketing order, pursuant to s. 96.10 , Stats.

5. The amount of revenue, in the form of producer or handler assessments, needed each year to accomplish the purposes of the proposed marketing order.

6. A proposed voting requirement to be used in determining whether the proposal is approved or disapproved in a referendum of affected producers or handlers. The voting requirement shall be chosen from among the alternative voting requirements set forth in s. 96.08 , Stats. 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.

(c) An amount of money sufficient to defray the reasonably anticipated expenses which may be incurred by the department in the proposed proceedings to adopt, amend or repeal the marketing order, pursuant to s. 96.05 (6) , Stats. In lieu of a single deposit to cover the entire proceedings, the secretary may permit the sponsors of the proposed marketing order to make deposit installments at various stages of the proceedings. Deposit installments shall be sufficient to defray the department's reasonably anticipated expenses for each stage of the proceedings. The department shall provide the sponsors with an accounting of all expenses incurred by the department, and refund any portion of the sponsor's deposit which exceeds the department's actual expenses. Actual expenses may include general overhead and operating expenses which are reasonably attributable to the marketing order proceedings.

(2)  Sponsors of a proposal to adopt, amend or repeal a marketing order may withdraw their sponsorship at any point in the proceedings. A sponsor shall be liable for any expenses incurred by the department up to the time of the withdrawal of sponsorship. If sponsorship is withdrawn, the department may terminate the proceedings or proceed at the department's expense.

History: Cr. Register, November, 1985, No. 359 , eff. 12-1-85; CR 07-067 : am. (1) (b) 3. (intro.) and a. Register July 2008 No. 631 , eff. 8-1-08.