Section 74.04. Agent status.

 

(1)   Agent plan for administration and enforcement. A village, city, or county wishing to become a new agent shall enter into an agent agreement with the department by submitting a written proposal to the department which shall include a plan for the administration and enforcement of subchs. III and IV of ch. 97 , Stats., and related administrative rules. The plan shall include, at minimum:

(a) Identification of the agency or agencies of village, city, or county government that will issue permits and conduct investigations and inspections;

(b) A description of the projected staffing and budget for issuing permits, making investigations and inspections, providing technical assistance, and enforcing applicable state rules and local ordinances;

(c) A list of the fees to be charged by the village, city, or county for facilities issued permits under the agent agreement;

(d) A description of the proposed permit issuance and recordkeeping system to be maintained by the village, city, or county under the agent agreement;

(e) A declaration that the village, city, or county granted agent status will contract with the department, as permitted by s. 97.615 (2) (dm) , Stats., if the village, city or county wants the department to collect fees and issue permits;

(f) A description of the proposed inspection and enforcement program to be implemented by the village, city, or county, with a copy of the applicable city or county ordinance;

(g) A plan of action to ensure that there will be cooperation with appropriate federal, state, and local agencies in the event of a natural disaster or other emergency;

(h) Procedures for the investigation and follow-up of citizen complaints about facilities that were issued permits under the agent agreement;

(i) Procedures for the investigation and follow-up of reports of suspected foodborne illness;

(j) The time period within which the village, city, or county will make a determination on an application for a permit. The time period may not exceed 30 days following receipt of a complete application;

(k) An assurance of continued support by the village, city, or county for carrying out the agent agreement; and

(L) Any other information which the department considers necessary or relevant for its review of a village, city, or county plan.

(2)   Department review of agent plan. The department shall review the agent's plan under sub. (1) for completeness and for the adequacy and appropriateness of the proposed program, fee schedules and procedures for proper administration and enforcement of subchs. III and IV of ch. 97 , Stats., and related administrative rules.

(3)   Agent agreement. If the department approves the agent's plan, the department shall prepare an agent agreement. The agent agreement shall be signed by both parties. By signing the agent agreement, the village, city, or county agrees to comply with this subchapter. In return, the department authorizes the village, city or county to enforce, on behalf of the department, subchs. III and IV of ch. 97 , Stats., and related administrative rules.

(4)   Implementation of agreement.

(a) Dependent on local ordinance. The implementation of the agent agreement shall be contingent on the village, city, or county adopting an ordinance that incorporates the department's rules by reference or an ordinance that consists of requirements which are at least as stringent as those in the department's rules and do not conflict with those rules. Nothing in this subchapter shall prevent a village, city, or county from adopting more stringent requirements.

(b) Agent authority and responsibility. Upon both parties signing the agent agreement, the agent shall have the authority and responsibility to enforce provisions of subchs. III and IV of ch. 97 , Stats., and related administrative rules.

(c) Department discontinuation of activities. Upon execution of an agent agreement, the department shall discontinue all permit issuance and enforcement activities under subchs. III and IV of ch. 97 , Stats., in the area of the agent's jurisdiction for the period of the agreement, except as provided in s. ATCP 74.07 (4) and s. 97.615 (2) (h) , Stats.

(d) Duration and amendment. An agent agreement shall continue in effect until terminated by the agent or terminated, suspended or revoked by the department pursuant to s. ATCP 74.11 . An agent agreement may be amended by the written agreement of both parties.

(e) Permit issuance and inspection. The agent shall issue permits to facilities and make investigations and inspections of facilities as specified in the agent agreement.

Cr. Register, January, 1988, No. 385 , eff. 2-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476 ; renum. from DHS 192.04 Register June 2016 No. 726 ; correction in (1) (intro.), (e), (2), (3), (4) (a) to (d) made under s. 13.92 (4) (b) 7., Stats., and correction in numbering in (4) (c) made under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726 .