AB150-ASA1-AA34,2,139 100.18 (11) (a) The department of agriculture, trade and consumer protection
10justice shall enforce this section. Actions to enjoin violation of this section or any
11regulations thereunder may be commenced and prosecuted by the department of
12justice in the name of the state in any court having equity jurisdiction. This remedy
13is not exclusive.

AB150-ASA1-AA34,2,2215 100.18 (11) (b) 1. The department of agriculture, trade and consumer
16protection may request that the department of justice may commence an action to
17enjoin a violation of this section, in which event the latter department shall proceed
18with the requested action within a reasonable period of time or provide the
19department of agriculture, trade and consumer protection with a brief statement of
20its reasons for not proceeding. The department of justice shall further provide the
21department of agriculture, trade and consumer protection with periodic summaries
22of all activity under this section.

AB150-ASA1-AA34,3,9

---

1100.18 (11) (c) 1. Whenever the department of justice has reason to believe that
2a person is in possession, custody or control of any information or documentary
3material relevant to the enforcement of this section it may require that person to
4submit a statement or report, under oath or otherwise, as to the facts and
5circumstances concerning any activity in the course of trade or commerce; examine
6under oath that person with respect to any activity in the course of trade or
7commerce; and execute in writing and cause to be served upon such person a civil
8investigative demand requiring the person to produce any relevant documentary
9material for inspection and copying.

AB150-ASA1-AA34,3,1311 100.18 (11) (c) 2. The department of justice, in exercising powers under this
12subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
13any investigation.

AB150-ASA1-AA34,3,1815 100.18 (11) (c) 3. Service of any notice by the department of justice requiring
16a person to file a statement or report, or service of a subpoena upon a person, or
17service of a civil investigative demand shall be made in compliance with the rules of
18civil procedure of this state.

AB150-ASA1-AA34,3,2420 100.18 (11) (c) 4. If a person fails to file any statement or report, or fails to
21comply with any civil investigative demand, or fails to obey any subpoena issued by
22the department of justice, such person may be coerced as provided in s. 885.12, except
23that no person shall be required to furnish any testimony or evidence under this
24subsection which might tend to incriminate the person.

AB150-ASA1-AA34,4,10

---

1100.18 (11) (d) The department or the department of justice or any district
2attorney, upon informing the department of justice, may commence an action in
3circuit court in the name of the state to restrain by temporary or permanent
4injunction any violation of this section. The court may in its discretion, prior to entry
5of final judgment, make such orders or judgments as may be necessary to restore to
6any person any pecuniary loss suffered because of the acts or practices involved in
7the action, provided proof thereof is submitted to the satisfaction of the court. The
8department of justice may subpoena persons, and require the production of books
9and other documents, and may request the department to exercise its authority
10under par. (c) to aid in the investigation of alleged violations of this section.

AB150-ASA1-AA34,4,2112 100.18 (11) (e) In lieu of instituting or continuing an action pursuant to this
13section, the department or the department of justice may accept a written assurance
14of discontinuance of any act or practice alleged to be a violation of this section from
15the person who has engaged in such act or practice. The acceptance of such assurance
16by either the department or the department of justice shall be deemed acceptance by
17the other state officials enumerated in par. (d) if the terms of the assurance so
18provide. An assurance entered into pursuant to this section shall not be considered
19evidence of a violation of this section, provided that violation of such an assurance
20shall be treated as a violation of this section, and shall be subjected to all the
21penalties and remedies provided therefor.".

AB150-ASA1-AA34,5,6

---

1100.20 (2) The department of justice, after public hearing, may issue general
2orders forbidding methods of competition in business or trade practices in business
3which are determined by the department of justice to be unfair. The department of
4justice, after public hearing, may issue general orders prescribing methods of
5competition in business or trade practices in business which are determined by the
6department of justice to be fair.

AB150-ASA1-AA34,5,148 100.20 (3) The department of justice, after public hearing, may issue a special
9order against any person, enjoining such person from employing any method of
10competition in business or trade practice in business which is determined by the
11department of justice to be unfair or from providing service in violation of sub. (1t).
12The department of justice, after public hearing, may issue a special order against any
13person, requiring such person to employ the method of competition in business or
14trade practice in business which is determined by the department of justice to be fair.

AB150-ASA1-AA34,5,2417 100.20 (6) The department of justice may commence an action in circuit court
18in the name of the state to restrain by temporary or permanent injunction the
19violation of any order issued under this section. The court may in its discretion, prior
20to entry of final judgment make such orders or judgments as may be necessary to
21restore to any person any pecuniary loss suffered because of the acts or practices
22involved in the action, provided proof thereof is submitted to the satisfaction of the
23court. The department of justice may use its authority in ss. 93.14 and 93.15 to
24investigate violations of any order issued under this section.".

AB150-ASA1-AA34,6,63 100.30 (4) Penalties. For any violation of sub. (3), the department of justice
4or a district attorney may commence an action on behalf of the state to recover a
5forfeiture of not less than $50 nor more than $500 for the first violation and not less
6than $200 nor more than $2,500 for each subsequent violation.

AB150-ASA1-AA34,6,158 100.30 (5) (a) The department of justice may issue a special order as provided
9in s. 93.18 against a retailer or wholesaler requiring the retailer or wholesaler to
10cease and desist from violating this section in the sale of cigarettes or other tobacco
11products, fermented malt beverages, intoxicating liquor or wine or motor vehicle
12fuel. The department of justice or a district attorney may commence an action on
13behalf of the state against a retailer or wholesaler who violates a special order issued
14under this paragraph to recover a forfeiture of not less than $200 nor more than
15$5,000 for each violation.

AB150-ASA1-AA34,6,2217 100.30 (5) (b) The department of justice or a district attorney may bring an
18action to enjoin a violation of this section without being compelled to allege or prove
19that an adequate remedy at law does not exist. An action under this paragraph may
20be commenced and prosecuted by the department of justice or a district attorney, in
21the name of the state, in a circuit court in the county where the offense occurred or
22in Dane county, notwithstanding s. 801.50.".