Section SPS 361.48 - Suspension and revocation of approval The department shall suspend or revoke its approval of a modular multifamily building system or building system component if it determines that the standards for construction or the manufacture and installation of a modular multifamily building system or modular multifamily building system component do not meet the standards established under chs. SPS 361 to 366 or that those standards are not being enforced as required by chs. SPS 361 to 366. The procedure for suspension and revocation of approval shall be as follows:
(1) FILING OF COMPLAINT. Proceedings to suspend or revoke an approval may be initiated by the department or an independent inspection agency or Wisconsin commercial building certified inspector having a contract with the manufacturer whose approval is sought to be suspended or revoked. Initiation shall be by a signed, written complaint filed with the department. Any alleged violation of the code shall be set forth in the complaint with particular reference to the time, place, and circumstance of the alleged violation.(2) INVESTIGATION AND NOTIFICATION. The department may investigate alleged violations on its own initiative or upon the filing of a complaint. If the department determines that no further action is warranted, it shall notify the complainant and the respondent, and the municipality, if applicable. If the department determines that there is probable cause, it shall order a hearing and notify the complainant and the respondent, and the municipality, if applicable.(3) MAILING. Unless otherwise provided by law, all orders, notices, and other papers shall be served by the department by certified mail to the persons affected at their last known address. If the service is refused, service may be made by sheriff without amendment of the original order, notice, or other paper.(4) RESPONSE. Upon receipt of notification of hearing from the department, the person charged with noncompliance or nonenforcement may submit to the department a written response within 30 days of the date of service. If the person charged files a timely written response, such person shall thereafter be referred to as the respondent.(5) CONCILIATION AGREEMENT PRIOR TO HEARING. If the department and the respondent are able to reach agreement on the disposition of a complaint prior to a hearing, such agreement shall be transmitted in writing to the secretary. Until the agreement has been accepted by the secretary, it is not considered a waiver of any defense, nor is it considered an admission of any fact, and is not binding upon any party until signed by all parties.(6) HEARINGS.(a)Subpoenas; witness fees. The department or the clerk of any court of record shall sign and issue subpoenas. The respondent shall pay the witness fees and mileage of the witnesses subpoenaed on behalf of the department at the rate prescribed for witnesses in circuit court.(b)Conduct of hearings. All hearings shall be conducted in accordance with s. 101.02, Stats.(7) FINDINGS. The department shall make findings and enter its order in accordance with s. 101.02, Stats. The findings and order shall be in writing and shall be binding unless appealed.(8) APPEAL ARGUMENTS. Appeal arguments shall be submitted to the department in writing in accordance with s. 101.02, Stats., unless otherwise ordered. The department shall review and make a determination on an appeal of notification of suspension or revocation of approval in accordance with s. 101.02, Stats.Wis. Admin. Code Department of Safety and Professional Services § SPS 361.48
Adopted by, CR 16-094: cr., Register April 2018 No. 748, eff. 5/1/2018