Wis. Admin. Code Department of Safety and Professional Services SPS 306.10

Current through August 26, 2024

Section SPS 306.10 - Enforcement of rules

The department shall consider the following criteria for allowing discretion in the enforcement of rules and the reduction or waiver of penalties with respect to an entity that identifies itself as a small business, when the penalties are under the direct control of the department:

Note: Most monetary penalties are determined and imposed by the judicial system. The department may only determine the amount of a monetary penalty that is imposed by citation or administrative forfeiture under specific statutory authority.

Note: Under s. 101.02(6), Stats., the department may grant an extension of time to any entity, regardless of size, as may be reasonably necessary to achieve compliance with a rule or guideline.

(1) The difficulty and cost of compliance with the rule by the small business.

(2) The financial capacity of the small business, including the ability of the small business to pay the amount of any penalty that may be imposed.

(3) The compliance options available, including options for achieving voluntary compliance with the rule.

(4) The level of public interest and concern.

(5) The opportunities available to the small business to understand and comply with the rule.

(6) Fairness to the small business and to other persons, including competitors and the public.

Wis. Admin. Code Department of Safety and Professional Services SPS 306.10

Renumbered from Chapter SPS 500 by, CR 07-005: cr. Register March 2008 No. 627, eff. 4-1-08; CR 14-019: r. and recr. Register August 2014 No. 704, eff. 9-1-14; Register November 2017 No. 743, eff. 12/1/2017