Section DHS 157.91 - Notices, orders, reviews and appeals(1) NOTICE OF VIOLATION AND ORDER OF ABATEMENT. (a) If the department finds that a source of radiation as constructed, operated or maintained results in a violation of ss. 254.31 to 254.45, Stats., or of this chapter, the department shall notify in writing, the person in control that is causing, allowing or permitting the violation as to the nature of the violation. The notification shall do all of the following: 1. Specify each statute, rule or condition of a license or registration alleged to have been violated and the severity level of each violation.2. Order, that prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with ch. 254, Stats., or this chapter.3. Give notice of any forfeiture assessment.4. Give notice that an order issued under this paragraph is subject to review by the department.(b) If the department finds that a condition exists that constitutes an immediate threat, the department shall include in a notice of violation and order issued under par. (a), the recitation of the existence of the threat and the findings pertaining to the threat. The department may summarily cause the abatement of the violation. (c) Upon receipt of a notice of violation and order under this subsection the person in control shall do all of the following:1. Cease and abate the violation and take action as necessary to comply with ss. 254.31 to 254.45, Stats., or this chapter, before the time specified in the order.2. Send to the department a written plan of correction for each violation, within 10 days after receipt of the notice of violation and order, that describes the action taken to comply with the order and the date within which the violation was corrected. (d) The department shall, within a reasonable period after receipt of the plan of correction, inspect the source of radiation to ensure that the violation that is the subject of an order under this subsection is in compliance with ss. 254.31 to 254.45, Stats., and this chapter.(e) The department may extend the period specified in par. (c) 2., for submission by the person in control of a plan of correction. Note: A plan of correction should be sent to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St., Room 150, Madison, WI 53702-0007.
(2) PETITION FOR REVIEW. (a) A person to whom an order is issued under sub. (1) may petition the department for review of the order by submitting within 10 days after receipt of the department's order, to the administrator of the division of public health, a written petition for review. A petition for review shall include all of the following: 1. Name and address of the person filing the petition.3. Reason for requesting the review.6. A copy of the notice of violation and order subject to review.7. Written documentation in support of the petition for review. Note: A petition for review should be sent to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St, Room 150, Madison, WI 53702-0007.
(b) Failure to petition the department for review as required under par. (a) may result in a denial of the review. (3) EMERGENCY ORDERS. (a) If the department finds that an emergency exists concerning a matter subject to regulation under ss. 254.31 to 254.45, Stats., or this chapter, that requires immediate action to protect the public health or safety, the department may issue an emergency order without hearing or notice. The order shall recite the existence of the emergency and state such action the department deems necessary to mitigate the emergency.(b) An emergency order shall be issued within 24 hours of finding the emergency and shall be effective upon issuance. An emergency order shall remain in effect for up to 90 days after issuance, unless revoked or modified by the results of a hearing held under sub. (4). Any person to whom an emergency order is issued shall immediately comply with the order.(c) A person to whom an emergency order is issued may contest the action by filing with the division of hearings and appeals, within 10 days after receipt of the emergency order, a written request for hearing under sub. (4).(4) HEARING. (a) Any person against whom the department takes an action under sub. (3) or s. DHS 157.90(2), may contest the action by sending to the division of hearings and appeals, within 10 days after receipt of the action, a written request for hearing under s. 227.44, Stats. The hearing request shall contain all of the following: 1. Name and address of the person filing the request.3. Reason for the hearing request.5. A copy of any notice issued by the department that is the subject of the action.(b) Materials mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date the materials are received by the division. Materials transmitted by facsimile shall be considered filed on the date the materials are received by the division as recorded on the division facsimile machine. Note: The mailing address of the Division of Hearings and Appeals is: 5005 University Avenue, Suite 201, Madison, WI 53705-5400. The facsimile transmission number is 608-267-2744.
(c) On the date a hearing request is sent to the division of hearings and appeals under par. (a), the petitioner shall send a copy of the hearing request to the department. Note: A copy of the hearing request should be sent to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St, Room 150, Madison, WI 53702-0007.
(d) The division of hearings and appeals shall commence a hearing within 30 days of receipt of a request for hearing and issue a final decision within 15 days after the close of the hearing. Proceedings before the division shall be governed by ch. 227, Stats.Wis. Admin. Code Department of Health Services DHS 157.91
CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.