Section DHS 159.45 - Enforcement actionsThe department may take one or more of the following actions for any applicable reason stated under s. DHS 159.44 against a person required to comply with this chapter:
(1) LETTER OF INQUIRY. The department may issue a non-appealable letter of inquiry regarding a potential violation of a provision of this chapter or s. 254.20 or 254.21, Stats.(2) NOTICE OF NONCOMPLIANCE. The department may issue a non-appealable notice of noncompliance for a violation of a provision of this chapter or s. 254.20 or 254.21, Stats.(3) ORDER. The department may issue any of the following orders, which shall be effective upon issuance, when a person violates a provision of this chapter or s. 254.20 or 254.21, Stats., if the department provides written notice of the grounds for the order and an explanation of the process for appeal of the order under s. DHS 159.46: (a) That the person stop performing, supervising, advertising, claiming to provide or offering to perform activities for which certification is required under this chapter.(b) That the person stop advertising, claiming to provide, offering, or conducting a training course for which accreditation is required under this chapter or which is represented as qualifying an individual for certification under this chapter.(c) That the individual stop serving as a principal instructor for a training course for which accreditation under this chapter is required. (d) That the person stops violating a provision of this chapter or a federal, state, or local asbestos statute, rule, or ordinance.(e) That within a specified time the person submits for department approval, and implements as approved by the department, a plan of correction for a violation of any provision under this chapter.(f) That within a specified time the person implements and complies with a plan of correction provided by the department or previously submitted by the person and approved by the department.(4) DENIAL. The department may deny an application for certification, accreditation, or approval under this chapter if the department provides written notice of the decision to deny the application that includes the reason for denial and an explanation of the process for appeal under s. DHS 159.46.(5) CIVIL FORFEITURE. The department may impose a daily forfeiture under subch. II, Stats., against any person who violates a provision of this chapter or s. 254.20 or 254.21, Stats., fails to respond to a letter of inquiry or a notice of non-compliance by the time specified in the letter or notice, or fails to comply with an order issued under sub. (3) by the time specified in the order, if the department provides written notice of the grounds for forfeiture and an explanation of the process for appeal under s. DHS 159.46. All of the following apply to a civil forfeiture: (a) The department may directly assess a forfeiture by specifying the amount of the forfeiture in the notice provided under this subsection.(b) Each day of continued violation constitutes a separate offense.(c) A person against whom the department assesses a forfeiture shall pay the forfeiture to the department within 10 working days after receiving notice of the forfeiture assessment or, if the person appeals the assessment under s. DHS 159.46, within 10 working days after receiving the final decision of administrative review or, if the person petitions for judicial review under ch. 227, Stats., within 10 working days after receiving the final decision of judicial review. The department shall remit all forfeitures paid under this subsection to the state treasurer for deposit in the school fund. Note: Section 254.20(11), Stats., provides that a person who violates this chapter or an order issued under s. 254.20, Stats., shall forfeit not less than $25 nor more than $100 for each day of a violation. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this subsection that has not been paid.
(6) SUSPENSION. The department may suspend certification, accreditation or approval issued under this chapter if the department provides written notice of the suspension, the grounds for suspension and an explanation of the process for appeal under s. DHS 159.46 not less than 30 days before the date of the suspension, and the violation on which the suspension is based remains substantially uncorrected at the end of the 30-day period. Suspension is effective 30 days from the date of the notice, unless the department notifies the person that substantial compliance has been achieved. A suspension shall remain in effect, regardless whether it is appealed, until the department determines that the interests of the residents of the state are served or a final decision issued in an appeal reverses the department's action. No person may perform an activity for which certification, accreditation or approval has been suspended.(7) SUMMARY SUSPENSION. (a) The department may summarily suspend certification, accreditation, or approval under the authority of s. 227.51(3), Stats., based on but not limited to one of the reasons under s. DHS 159.44(5), if the department finds that the health, safety or welfare of any person imperatively requires emergency action and incorporates a finding to that effect in the order.(b) An order for summary suspension shall be in writing and is effective immediately upon issuance. A person may not perform any activity for which certification, accreditation, or approval has been summarily suspended. Within 7 working days after an order is given, the department shall either permit the continuation of the regulated activity or initiate proceedings to revoke certification. If the department initiates revocation proceedings, an informal hearing on the sole issue of whether certification, accreditation or approval shall remain suspended during revocation proceedings shall be conducted by a department representative or designee within 15 working days after the date of suspension, unless waived by the person subject to the order.(8) REVOCATION. The department may revoke a certification, accreditation or approval issued under this chapter if the department provides written notice of the revocation, including the grounds for revocation and an explanation of the process for appealing a revocation under s. DHS 159.46, not less than 30 days before the date the revocation will take effect, and the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period. Revocation is effective 30 days from the date of the notice, unless the department notifies the person that substantial compliance has been achieved. A revocation shall remain in effect, regardless whether it is appealed, until the person reapplies for certification, accreditation or approval, and the department determines that the interests of the residents of the state are served, or a final decision issued in an appeal reverses the department's action. No person may perform an activity for which certification, accreditation or approval has been revoked.Wis. Admin. Code Department of Health Services DHS 159.45
CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.