Refusal to initiate proceedings; denial of petition or request

Refusal to initiate proceedings; denial of petition or request.

(1) The secretary may deny a petition under s. 96.05 (2) , Stats., if the secretary determines that the proposal does not effectuate the declared policy of ch. 96 , Stats., or exceeds the purposes or limitations of ch. 96 , Stats. The secretary’s decision to deny a petition shall be made in consultation with the board of agriculture, trade and consumer protection. If a petition under s. 96.05 (2) , Stats., is denied, the secretary shall publish notice setting forth the specific reasons for the denial, as provided in s. 96.05 , Stats. If denied, the petition may not be reconsidered by the secretary for a period of one year from the date of notice of the denial.

(2) If a proposal to adopt, amend or repeal a marketing order is not received in the form of a petition under s. 96.05 (2) , Stats., the proposal may be summarily denied by the secretary, with or without a written or published explanation. The denial of a proposal does not preclude the secretary from reconsidering the proposal within one year of the denial, except as provided under sub. (1) .