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ATCP 93.240(9)(b)1. 1. The applicant fails to have the application on file with the department within the required time.
ATCP 93.240(9)(b)2. 2. The application information or required qualifications are incomplete.
ATCP 93.240(9)(b)3. 3. The examination center is filled to capacity.
ATCP 93.240(9)(c) (c) Upon verification of the application and the required qualifications, the department shall notify an applicant in writing of the date, time and place of the examination.
ATCP 93.240(9)(d)1.1. An applicant for certification examination shall provide a photo identification or other appropriate evidence to gain admittance to an examination.
ATCP 93.240(9)(d)2. 2. An applicant shall bring to a certification examination all necessary materials as specified by the department.
ATCP 93.240(9)(d)3.a.a. Except as provided in subd. 3. b., an applicant who fails to appear at a scheduled certification examination without giving notice to the department at least 24 hours before the examination shall be considered to have failed the examination and shall be required to submit a reexamination application and examination fee.
ATCP 93.240(9)(d)3.b. b. The department may waive the 24-hour notification requirement of subd. 3. a. due to inclement weather, if the applicant notifies the department the day of the examination.
ATCP 93.240(9)(e) (e) The examination for a certification shall be based on a job analysis of the knowledge, skills and abilities associated with the certification. The examination shall include all of the following subject matter:
ATCP 93.240(9)(e)1. 1. Regulations and standards governing the work or activities required or permitted under the certification.
ATCP 93.240(9)(e)2. 2. Theories, principles, and practices associated with the activities required or permitted under the certification.
ATCP 93.240(9)(f) (f) A grade of 70 percent or greater in each part of a certification or registration examination shall be considered a passing grade.
ATCP 93.240(9)(g)1.1. The department shall inform an applicant of the results of an examination in writing within 21 calendar days from the examination date.
ATCP 93.240(9)(g)2. 2. Upon notification of failing a certification or registration examination, an applicant may request another examination in accordance with this section.
ATCP 93.240(9)(g)3. 3. An applicant who has successfully passed a certification or registration examination may submit an application and the certification or registration fee as specified under Table 93.240 for the appropriate certification or registration within 3 months after the date the department had mailed the results of the examination.
ATCP 93.240(9)(g)4. 4. Failure to apply for a certification or registration in accordance with subd. 3. shall necessitate the applicant to apply, retake, and pass another certification or registration examination in order to obtain the certification or registration.
ATCP 93.240(9)(h)1.1. An applicant may request and make an appointment with the department to review the applicant's examination.
ATCP 93.240(9)(h)2. 2. An applicant who has failed an applicant's examination may not review the examination less than 7 calendar days before the applicant is scheduled to retake the examination.
ATCP 93.240(9)(h)3. 3. The department shall retain certification or registration examinations at least 2 months after the date of the examination.
ATCP 93.240 Note Note: This subsection only applies to examinations administered by the department.
ATCP 93.240(10) (10)Enforcement actions.
ATCP 93.240(10)(a)(a) The department may take actions to ensure compliance with the provisions of this chapter, including denying, revoking, or suspending credentials.
ATCP 93.240(10)(b) (b) The department may require attendance at a specified education class.
ATCP 93.240(11) (11)Denial, suspension, and revocation .
ATCP 93.240(11)(a) (a) Reasons. The department may deny, suspend, or revoke a certification or registration under this chapter if the department determines that an applicant or holder of the certification or registration is responsible for any of the following:
ATCP 93.240(11)(a)1. 1. Fails to meet the qualifications for the certification or registration.
ATCP 93.240(11)(a)2. 2. Has obtained the certification or registration through fraud or deceit.
ATCP 93.240(11)(a)3. 3. Has demonstrated negligence or incompetence in fulfilling the responsibilities or obligations of the certification or registration.
ATCP 93.240(11)(a)4. 4. Has a conflict of interest in fulfilling the responsibilities or obligations under the certification or registration.
ATCP 93.240(11)(a)5. 5. Has demonstrated misconduct in fulfilling the responsibilities or obligations under the certification or registration.
ATCP 93.240(11)(a)6. 6. Has been arrested or convicted for a crime substantially related to the certification or registration.
ATCP 93.240(11)(a)7. 7. Has a physical or mental impairment which prevents the applicant or holder from fulfilling the responsibilities or obligations under the certification or registration.
ATCP 93.240(11)(a)8. 8. Has violated state, federal or local laws or regulations relating to the conduct of the activities under the certification or registration.
ATCP 93.240(11)(a)9. 9. Has attempted to defraud, including but not limited to falsifying test reports.
ATCP 93.240(11)(a)10. 10. If registered or certified under this section, has performed any of the following:
ATCP 93.240(11)(a)10.a. a. Failed to maintain required records.
ATCP 93.240(11)(a)10.b. b. Denied the department access to requested records.
ATCP 93.240(11)(a)10.c. c. Failed to submit a required notice or report to the department within a required time period.
ATCP 93.240(11)(a)10.d. d. Submitted false reports to the department or other persons.
ATCP 93.240(11)(a)10.e. e. Exhibited a pattern of submitting substantially inadequate reports.
ATCP 93.240(11)(b) (b) Notice of denial, suspension, or revocation. A notice of denial, suspension, or revocation shall be sent to the applicant or the certification or registration holder. The notice shall include all of the following:
ATCP 93.240(11)(b)1. 1. The basis for the denial, suspension, or revocation, including the facts relied on by the department to make its decision and a citation of applicable statutes and administrative rules establishing the legal basis for the decision.
ATCP 93.240(11)(b)2. 2. A statement that the applicant or the certification or registration holder may file a request for a hearing with the department as specified in s. ATCP 1.06.
ATCP 93.240(11)(c) (c) Summary suspension. Under s. 227.51 (3), Stats., the department may summarily suspend any certification or registration if the department finds that immediate action is necessary for public health, safety or welfare. The summary suspension of a certification or registration shall remain in effect until after a final decision is issued following a hearing.
ATCP 93.240(11)(d) (d) Hearing. The request for an administrative hearing shall be received by the office of legal counsel of the department no later than 30 days following the date of mailing of the notice under par. (b). Otherwise, the request for hearing shall be denied by the department.
ATCP 93.240(11)(e) (e) Surrender of certification or registration. A person whose certification or registration has been suspended or revoked shall surrender the certification or registration to the department upon request.
ATCP 93.240(11)(f) (f) Reinstatement.
ATCP 93.240(11)(f)1.1. `Suspension.'
ATCP 93.240(11)(f)1.a.a. A person whose certification or registration has been suspended may apply to have the certification or registration reissued only after the time set for suspension by the department or hearing examiner has passed and by complying with the conditions set forth in the suspension order.
ATCP 93.240(11)(f)1.b. b. The request to the department to have a suspended certification or registration reissued shall be made in writing.
ATCP 93.240(11)(f)1.c. c. The department may require a person whose certification or registration has been suspended to apply for the certification or registration by complying with all of the requirements for a new applicant, including paying the application fees and successfully passing an examination.
ATCP 93.240(11)(f)1.d. d. The department may impose conditions on the reissued certification or registration to assure compliance with this chapter.
ATCP 93.240(11)(f)2. 2. `Revocation.' A person whose certification or registration has been revoked may not apply to ever receive such a certification or registration.
ATCP 93.240(12) (12)Responsibilities.
ATCP 93.240(12)(a)(a) A person who holds a certification under this chapter shall carry on person the certification issued by the department while performing or conducting the activity or activities permitted under the certification.
ATCP 93.240(12)(b) (b) A person who holds a certification under this chapter shall present the certification for identification upon request of the department or its representative.
ATCP 93.240(12)(c) (c) The requirements of this subsection apply to certifications or registrations issued to an individual and not to a business.
ATCP 93.240(13) (13)Tank system inspectors.
ATCP 93.240(13)(a) (a) General. No person may conduct a regulatory inspection of a tank system that is regulated under this chapter, to administer and enforce this chapter, unless the person holds a certification issued by the department as a certified tank system inspector.
ATCP 93.240(13)(b) (b) Application for examination. A person applying to take a tank system inspector certification examination shall submit all of the following:
ATCP 93.240(13)(b)1. 1. An application in accordance with this section.
ATCP 93.240(13)(b)2. 2. An application fee and examination fee in accordance with Table 93.240.
ATCP 93.240(13)(c) (c) Qualifications for examination. A person applying to take a tank system inspector certification examination shall have completed an approved educational course and training program that included at least 3 days of field exercises within the 2 years immediately preceding the application.
ATCP 93.240(13)(d) (d) Examination. A person seeking to obtain a tank system inspector certification shall take and pass an examination in accordance with sub. (9).
ATCP 93.240(13)(e) (e) Application for certification. Upon notification of successfully passing the examination for a tank system inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with subs. (2) and (9) (g) 3.
ATCP 93.240(13)(f) (f) Responsibilities. A person who inspects tank systems as a certified tank system inspector shall:
ATCP 93.240(13)(f)1. 1. Perform regulatory enforcement of related code requirements in this chapter.
ATCP 93.240(13)(f)2. 2. Issue non-compliance or violation-correction orders and conduct follow-up inspections as necessary to verify correction.
ATCP 93.240 Note Note: Inspectors with authority granted by the local municipality may utilize the respective enforcement procedures as granted by the respective authority.
ATCP 93.240(13)(f)3. 3. Pursue failure to comply with correction orders through local or department enforcement referral procedures.
ATCP 93.240(13)(f)4. 4. Maintain a record of the inspections made including the dates and the findings of the inspections.
ATCP 93.240(13)(f)5. 5. Provide a copy of the inspection report to the owner of the tank system or the owner's agent.
ATCP 93.240(13)(f)6. 6. Make available to the department tank system inspection records upon request.
ATCP 93.240 Note Note: Section 19.32 (2), Stats., considers a record to be material containing written or electromagnetic information. The department will consider computer records to be equivalent to written reports.
ATCP 93.240(13)(g) (g) Renewal.
ATCP 93.240(13)(g)1.a.a. A person may renew a certification as a tank system inspector.
ATCP 93.240(13)(g)1.b. b. A tank system inspector certification shall be renewed in accordance with sub. (7).
ATCP 93.240(13)(g)2.a.a. The renewal of a certification as a certified tank system inspector shall be contingent upon the inspector obtaining at least 12 hours of acceptable continuing education prior to the 2-year expiration date of the certification, except as provided in subd. 2. b.
ATCP 93.240(13)(g)2.b. b. A person who holds a certification as a certified tank system inspector may apply to the department for waiver of the continuing education requirements under subd. 2. a. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
ATCP 93.240(14) (14)Tank specialty firms.
ATCP 93.240(14)(a)(a) General. A corporation, partnership, sole proprietor, independent contractor, or person that provides or offers to provide installation, removal, testing, lining, cleaning or assessments for a tank system which is regulated under this chapter shall hold both of the following:
ATCP 93.240(14)(a)1. 1. A registration issued by the department as a registered tank specialty firm.
ATCP 93.240(14)(a)2. 2. Insurance liability coverage, including pollution impairment liability, of no less than $1,000,000 per claim and $1,000,000 annual aggregate and with a deductible of no more than $100,000 per claim.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.