Section DWD 60.12 - Corrective action(1) CONDUCT OR PERFORMANCE SHORTCOMINGS. If the operator fails to conduct the business enterprise in compliance with the operator's agreement or to maintain reasonable performance levels as demonstrated by comparison with prior periods of operation in the same location or other business enterprises of a similar type, the department shall review the evidence with the committee and solicit the committee's recommendations for corrective action.(2) CORRECTIVE ACTION ALTERNATIVES. Corrective action alternatives available to the department include but are not limited to :(a) Specific or additional management and supervision services;(b) Suspension of the license for a period not to exceed 30 days;(c) Demotion of the operator to a less-demanding business enterprise; and(d) Termination of the license.(3) NOTICE. (a) Exchange as provided in par. (b), no suspension, demotion or termination shall be made until the department gives notice to the operator, by registered or certified mail, with return receipt requested, of facts or conduct which warrant the intended action, and the operator has been given an opportunity to show compliance with all lawful requirements for the retention of the license.(b) The department may immediately suspend an operator's license, followed by notice and the opportunity to contest the action, if in the judgment of the department there is a substantial probability that the behavior of the operator will result in harm to the health, safety or welfare of other persons.(4) GROUNDS FOR SUSPENSION. An operator's license may be suspended for a period not to exceed 30 calendar days, except in cases of extended illness or incapacity, on one or more of the following grounds: (a) Failure to operate the business enterprise in compliance with the operator's agreement;(b) Failure to maintain acceptable performance levels after being provided the opportunity for additional training; or(c) Refusal to accept needed training without cause.(5) GROUNDS FOR DEMOTION. An operator may be demoted to a lesser-demanding business enterprise on one or both of the following grounds:(a) Recurring noncompliance with terms of the operator's agreement; or(b) Repeated failure to maintain acceptable levels of performance in operation of the business enterprise.(6) GROUNDS FOR TERMINATION. An operator's license may be terminated for one or more of the following reasons: (a) Withdrawal of the operator without notice;(b) Withdrawal of the permit or contract by the controlling body or organization of the building or property in which the business enterprise is operating, due to fault of the operator;(c) Decision by the department after recommendation of the committee that an enterprise is not being operated in accordance with the law or this chapter or within the terms and conditions of the agreement between the department and the operator;(d) Any willful or malicious destruction of any equipment furnished to the operator;(e) Willful falsification of any record or report required to be kept or made by the operator; or(f) Misconduct specified in s. DWD 60.10(1).(7) INFORMING THE OPERATOR OF RIGHTS. In the event of suspension, demotion or termination, the operator shall be informed of his or her right to review of the decision as provided in s. DWD 60.05.(8) SURRENDER OF PREMISES.(a) Upon suspension, demotion or termination, the operator shall vacate the business enterprise premises upon the effective date of that action.(b) If a vendor-owner does not vacate the premises as required under par. (a), the department may remove any of the property of the business enterprise owned by the vendor-owner and place this property in storage at the expense of the vendor-owner or else deliver it to the vendor-owner at that person's expense. (9) INVENTORY. Upon suspension, demotion or termination, a physical inventory and valuation of equipment, accessories and merchandise shall be made by the department and the operator or the operator's representative. If the operator chooses not to be present and not to be represented by an agent, the department may engage the assistance of a third party.Wis. Admin. Code Department of Workforce Development DWD 60.12
Cr. Register, May, 1983, No. 329, eff. 6-1-83.