Section DHS 110.57 - Summary suspension of a license, permit or certification(1) The department may summarily suspend a license, permit, or certification if the department has probable cause to believe that the licensee, permit holder, or certificate holder has violated a provision of this chapter or ch. 256, Stats., has engaged in conduct described in s. DHS 110.54, or has engaged in or is likely to engage in other conduct, such that public health, safety or welfare imperatively requires emergency action. A summary suspension order is effective upon issuance, requires the immediate cessation of all activity authorized by the license, certification, or permit, and continues through the date of a final decision and order issued in an enforcement action based on the violation, unless the license, permit or certification is restored under sub. (4) (d).(2) An order for summary suspension may be issued orally or in writing. If the order is issued orally, the department shall send written notice of the order to the person who is subject to the order within 48 hours after the issuance of the order. The department may serve a written order or notice of order by e-mail to the person's e-mail address on file with the department, or by regular mail, certified mail or personal service delivered to the person's address on file with the department. Receipt of an order or notice sent by e-mail is presumed at the time of transmission. Receipt of an order or notice sent by regular mail is presumed within 5 days of the date the notice was mailed.(3) The summary suspension order shall include all of the following: (a) A finding that public health, safety or welfare imperatively requires emergency suspension of the license, permit, or certification.(b) A statement that the suspension order is in effect and continues until the effective date of a final order and decision in an enforcement action against the person who is the subject of the order.(c) Notification of the right under sub. (4) to request a hearing to show cause why the summary suspension order should not be continued.(4)(a) A person subject to a summary suspension order may request a hearing to show cause why the summary suspension should not be continued by filing a written request for a hearing with the division of hearings and appeals, as provided under s. DHS 110.59, within 30 days after the date of the written order or notice of order.(b) A hearing shall be held within 30 days of the date on which the hearing request is filed with the division of hearings and appeals, unless the person requests or agrees to a later time.(c) The sole issue for hearing shall be whether the suspension shall remain in effect pending the conclusion of the department's investigation and any enforcement action based on the investigation.(d) The hearing examiner shall issue a decision within 10 days after the hearing. If it is determined that summary suspension should not be continued, the license, certification, or permit shall be immediately restored.(5) The department shall commence and prosecute an enforcement action under s. DHS 110.58 with reasonable promptness and without undue delay in light of all the circumstances of the case and the time required to complete an appropriate investigation into all the facts of the case and determine the proper enforcement action.Wis. Admin. Code Department of Health Services DHS 110.57
CR 10-085: cr. Register December 2010 No. 660, eff. 1-1-11; (4) (title) removed under s. 13.92(4) (b) 2, Stats., Register December 2010 No. 660.