Wis. Stat. § 93.20
Enforcement costs
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2015
As of January 1, 2003
(1) Definition. In this section, “action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88 , 91 to 100 or 126 .
(1) Definition. In this section, “action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce ch. 88 , 89 , 91 to 100 , 126 , 136 , 344 , 704 , 707 , or 846 .
(2) Enforcement costs order. If a court imposes costs under s. 814.04 or 973.06 against a defendant in an action, the court may order that defendant to pay to the department any of the enforcement costs specified under sub. (3) that the department has incurred. The prosecutor shall present evidence of the enforcement costs and the defendant shall be given an opportunity to refute that evidence. If any cost that a court orders a defendant to pay under this section may also be recovered by the department under s. 814.04 or 973.06 , the department may recover that cost only under this section, but that cost is not limited to the amounts specified in s. 814.04 or 973.06 .
(2) Enforcement costs order. If a court imposes costs under s. 814.04 or 973.06 against a defendant in an action, the court may order that defendant to reimburse the department for reasonable, documented enforcement costs incurred by the department to prepare and prosecute that action. The prosecutor shall present evidence of the enforcement costs and the defendant shall be given an opportunity to refute that evidence. If any cost that a court orders a defendant to pay under this section may also be recovered by the department under s. 814.04 or 973.06 , the department may recover that cost only under this section, but that cost is not limited to the amounts specified in s. 814.04 or 973.06 .
(3) Enforcement costs available. The court may include as an enforcement cost in an order under sub. (2) , the department's reasonable cost of any of the following:
(a) Expert witnesses who are not employees of the department.
(b) Depositions, transcripts or photocopying.
(c) Any investigation, study, analysis, engineering report, test or project that the court finds necessary for the preparation of the action, including the reasonable cost of compensation of laboratory personnel who are employed by the department, but excluding the cost of any other department personnel compensation.
(4) Restriction on use of enforcement costs. The department shall use the amounts received for enforcement costs in the appropriation under s. 20.115 (8) (gm) that consist of laboratory personnel compensation to purchase laboratory equipment, supplies or service.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.