Chapter ATCP 78

ATCP 78.08 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

subch. III of ch. ATCP 78 Subchapter III — Enforcement and Appeals

ATCP 78.09 ATCP 78.09 Enforcement.

ATCP 78.09(1) (1) Inspections and access to the premises.

ATCP 78.09(1)(a) (a) Inspections. Pursuant to ss. 93.07 (24) (e) and 97.65 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any camp at any reasonable time, for any of the following purposes:

ATCP 78.09(1)(a)1. 1. To inspect the camp.

ATCP 78.09(1)(a)2. 2. To determine if there has been a violation of this chapter or s. 97.67, Stats.

ATCP 78.09(1)(a)3. 3. To determine compliance with previously written orders to correct violations.

ATCP 78.09(1)(a)4. 4. To secure samples or specimens.

ATCP 78.09(1)(a)5. 5. To examine and copy relevant documents and records related to the operation of the camp.

ATCP 78.09(1)(a)6. 6. To obtain photographic or other evidence needed to enforce this chapter.

ATCP 78.09(1)(b) (b) Reinspections.

ATCP 78.09(1)(b)1. 1. The department or its agent may perform a reinspection at the camp or an administrative follow-up with a camp whenever an inspection or the investigation of a complaint reveals any of the following conditions:

ATCP 78.09(1)(b)1.a. a. Presence of an imminent hazard that cannot be corrected during the inspection.

ATCP 78.09(1)(b)1.b. b. An inspection reveals 6 or more priority violations, regardless if they have been corrected during the inspection.

ATCP 78.09(1)(b)1.c. c. Repeat violations, whether corrected during the inspection or not, are documented on 3 consecutive inspections regardless of inspection type.

ATCP 78.09(1)(b)1.d. d. The department’s authorized representative and that representative’s supervisor determine there is a lack of active managerial control at the camp, based on the quantity and the criticality of the violations observed on the most recent inspection.

ATCP 78.09(1)(b)2. 2. A reinspection or administrative follow-up shall be scheduled to allow the operator a reasonably sufficient time to correct the violations.

ATCP 78.09(1)(b)3. 3. A reinspection fee shall be charged for the reinspection or administrative follow-up in the amount listed in s. ATCP 78.08 Table B or C or the applicable amount as determined by an agent of the department.

ATCP 78.09(1)(b)4. 4. If an additional reinspection or administrative follow-up is required because a violation has not been corrected in the scheduled time, the department shall assess a second or subsequent reinspection fee listed in s. ATCP 78.08 Table B or C pursuant to s. ATCP 78.08 (3) (d), and the department may order the operator to show just cause why the license should not be suspended or revoked pursuant to s. ATCP 78.10.

ATCP 78.09(2) (2) General order to correct violations.

ATCP 78.09(2)(a) (a) Written orders. If upon inspection of a camp, the department or agent finds that the camp is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent as specified in par. (c).

ATCP 78.09(2)(b) (b) Failure to correct a violation.

ATCP 78.09(2)(b)1. 1. If a violation is not corrected by the expiration of the time period stated in the order given pursuant to par. (a), or any extension of time granted pursuant to par. (c), the department or agent may issue a special order pursuant to s. ATCP 78.10 to suspend or revoke the license to operate the camp. An order for suspension or revocation shall take effect as provided pursuant to s. ATCP 78.10.

ATCP 78.09(2)(b)2. 2. Pursuant to s. 97.12 (5), Stats., any person who fails to comply with an order of the department may be required to forfeit $50 for each day of noncompliance. A person may appeal a forfeiture pursuant to s. ATCP 78.11.

ATCP 78.09(2)(c) (c) Requests for an extension to correct a violation.

ATCP 78.09(2)(c)1. 1. The department or its agent may extend the time to correct a violation based on a determination of the seriousness of the violation, the operator’s progress towards correcting the violation, and the operator’s previous history of compliance.

ATCP 78.09(2)(c)2. 2. To request an extension to correct a violation, the operator shall contact the department or agent before the time specified in the written order to correct the violation expires. The operator shall provide information that demonstrates to the department or its agent that corrective action has been initiated, but additional time is needed to fully correct the violation.

ATCP 78.09(3) (3) Temporary orders.

ATCP 78.09(3)(a) (a) Conditions for a temporary order. As provided in s. 97.65 (2) (a), Stats., whenever, as a result of an inspection pursuant to sub. (1), the department or its agent has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation, or method of operation of the premises or equipment used on the premises creates, an immediate danger to health, the department or its agent may issue a temporary order and cause it to be delivered to the licensee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, or require the premises to cease other operations or methods of operation which create the immediate danger to health, or set forth any combination of these requirements. The department may order the cessation of all operations authorized by the license only if a more limited order does not remove the immediate danger to health.

ATCP 78.09(3)(b) (b) Duration of a temporary order; actions prohibited.

ATCP 78.09(3)(b)1. 1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in par. (c), the temporary order shall remain in effect for 14 days from the date of delivery, but a temporary order may be reissued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.

ATCP 78.09(3)(b)2. 2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in subd. 1., has expired, whichever occurs first, unless as provided pursuant to par. (c), the department or its agent provides notice that an immediate danger to health or safety is present. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation, or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.

ATCP 78.09(3)(c) (c) Notice of findings upon analysis or examination. If the analysis or examination pursuant to sub. (1), shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued pursuant to s. ATCP 78.11. The notice shall include a statement that the facility has a right to request a hearing pursuant to s. ATCP 78.11, within 15 days after issuance of the notice.

ATCP 78.09(3)(d) (d) Failure to comply with temporary order; forfeitures and penalties. Pursuant to s. 97.65 (5) (a), Stats., any person who fails to comply with a temporary order issued by the department may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture pursuant to s. ATCP 78.11.

ATCP 78.09(4) (4) Action plans.

ATCP 78.09(4)(a) (a) Required components. When required by the department, its agent, or this chapter, the camp operator and the department or its agent shall develop, on a form provided by the department, an action plan for compliance. The action plan shall include all of the following:

ATCP 78.09(4)(a)1. 1. A description of the violation and code citation.

ATCP 78.09(4)(a)2. 2. The steps the operator will take to correct the violation.

ATCP 78.09(4)(a)3. 3. The date by which compliance will be achieved.

ATCP 78.09(4)(b) (b) Continued noncompliance. The department or its agent shall void the camp license pursuant to s. ATCP 78.07 (5) (b), if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.

ATCP 78.09 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (1) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register June 2023 No. 810.

ATCP 78.10 ATCP 78.10 Suspension or revocation of license. Pursuant to s. 97.12 (3) (b), Stats., the department may, by summary order and without prior notice or hearing, suspend a license issued under this chapter if the department finds that there has been a substantial failure to comply with the applicable requirements of this chapter and that the continuation of the violations constitutes a serious danger to public health. The order shall be in writing, have the force and effect of an order issued pursuant to s. 93.18, Stats., and is subject to right of hearing before the department, if requested within 10 days after date of service.

ATCP 78.10 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 78.11 ATCP 78.11 Appeals of actions by the department. If requested in writing within 10 days after date of the service of an order, a hearing shall be conducted as specified in ch. ATCP 1. Enforcement of the order shall not be stayed pending action on the hearing. A request for hearing does not automatically stay or modify a summary special order.

ATCP 78.11 Note Note: A request for hearing shall be submitted to the department’s secretary via email at [e-mail], faxed to [phone], mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. The hearing may be conducted by the department secretary or designee.

ATCP 78.11 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 78.12 ATCP 78.12 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the operator shall appeal an enforcement action to the agent health department.

ATCP 78.12 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

subch. IV of ch. ATCP 78 Subchapter IV — Standards for Recreational and Educational Camps

ATCP 78.13 ATCP 78.13 Qualifications of an authorized representative conducting inspections. An authorized representative of the department or its agent who inspects a camp or conducts a plan review for compliance with this chapter, shall meet the staffing qualification requirements set forth in s. ATCP 74.08.

ATCP 78.13 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 78.14 ATCP 78.14 Inspections.

ATCP 78.14(1) (1) Refused inspection; process. If a person denies access to the department or its agent, the department or its agent shall inform the person of all the following:

ATCP 78.14(1)(a) (a) Access. The license holder is required to allow access to the department or its agent as specified pursuant to s. 97.12, Stats.

ATCP 78.14(1)(b) (b) License conditions. Access is a condition of the acceptance and retention of a license to operate a camp as specified pursuant to s. ATCP 78.04 (3).

ATCP 78.14(1)(c) (c) Inspection warrant. If the camp license holder denies access to an authorized representative of the department or its agent, the department or its agent may apply for an inspection warrant to allow access as provided in law pursuant to s. 66.0119, Stats.

ATCP 78.14(2) (2) Reporting of refused access. If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub. (1), and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form.

ATCP 78.14(3) (3) Frequency of inspection. The department or its agent shall inspect a camp at least once during the licensing period, except as provided for pursuant to s. ATCP 78.15 or as approved in writing by the department.

ATCP 78.14(4) (4) Inspection documentation. The department or its agent shall document all of the following on an inspection report form:

ATCP 78.14(4)(a) (a) Facility information. Administrative information about the camp’s legal identity, street and mailing addresses, type of establishment and operation, inspection date, type of water supply and sewage disposal, status of the license, and personnel certificates that may be required at the camp.

ATCP 78.14(4)(b) (b) Violation documentation. The conditions or other violations from this chapter or applicable chapters shall be documented to include the required corrective action by the license holder. An accompanying narrative shall contain all of the following:

ATCP 78.14(4)(b)1. 1. A factual description of the violation observed, including location of the observed violation.

ATCP 78.14(4)(b)2. 2. Citation and a brief description of the statute, administrative rule, or local ordinance that was observed to be violated.

ATCP 78.14(4)(b)3. 3. A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule, statute, or local ordinance.

ATCP 78.14(4)(b)4. 4. Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria:

ATCP 78.14(4)(b)4.a. a. A priority violation shall be corrected immediately. Depending on the nature of the potential hazard involved and the complexity of the corrective action needed, the department or its agent may agree to or specify additional time, not to exceed 3 calendar days after the inspection, for the license holder to correct violations of a priority item as defined in this chapter.

ATCP 78.14(4)(b)4.b. b. The license holder has a maximum time of 10 calendar days after the inspection for the license holder to correct violations of a priority foundation item.

ATCP 78.14(4)(b)4.c. c. The license holder shall correct core items, as defined in this chapter, by a deadline agreed to or specified by the department or its agent, but no later than 90 calendar days after the inspection. The department or its agent may approve a written compliance schedule that extends beyond 90 calendar days if the license holder submits a written schedule of compliance and no health hazard exists, or will result, from allowing an extended schedule for compliance.

ATCP 78.14(5) (5) Issuing a report and obtaining acknowledgment of receipt. At the conclusion of the inspection, an authorized representative of the department or its agent shall sign the completed inspection report. The department or its agent shall review the inspection findings with the operator and obtain a signature on the inspection report from the license holder’s designated person in charge. A copy of the inspection report shall be left with the person in charge at the completion of the inspection or emailed or otherwise presented within 2 business days after completion of the inspection.

ATCP 78.14(6) (6) Refusal to sign inspection report. If the license holder’s designated person in charge refuses to sign the inspection report, the department or its agent shall do all of the following:

ATCP 78.14(6)(a) (a) Signature is not agreement with findings. Inform the person who declines to sign the inspection report that a written acknowledgment of receipt is not an agreement with findings.

ATCP 78.14(6)(b) (b) Obligation to correct violations. Inform the person that refusal to sign the inspection report will not affect the license holder’s obligation to correct the violations noted in the inspection report by the deadlines specified.

ATCP 78.14(6)(c) (c) Documentation. Document the refusal to sign in the inspection report.

ATCP 78.14(7) (7) Posting of inspection reports. The department and its agents shall make inspection report information available to the public on the internet.

ATCP 78.14 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (4) (b) 4. a., c. made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 78.15 ATCP 78.15 Active managerial control.

ATCP 78.15(1) (1) Inspection frequency. An annual inspection may be waived for not more than 2 out of every 3 license years, if the camp has exhibited active managerial control of public health hazards.

ATCP 78.15(2) (2) Criteria. The operator shall meet all the following criteria to demonstrate active managerial control that may qualify for a reduced inspection frequency by the department or its agent:

ATCP 78.15(2)(a) (a) Reinspection history. No reinspections have occurred after the last 3 routine inspections related to this chapter, or any other license issued by the department or its agent pursuant to ss. 97.30, 97.605, and 97.67, Stats.

ATCP 78.15(2)(b) (b) Standard operation procedures. The camp has written standard operating procedures for all of the following, if applicable:

ATCP 78.15(2)(b)1. 1. Rental group agreements pursuant to s. ATCP 78.16.

ATCP 78.15(2)(b)2. 2. Food service operation procedures including: temperature monitoring, employee handwashing, employee illness restrictions and exclusions, cleaning and sanitizing utensils, surfaces and equipment; vomiting and diarrhea clean up, date marking, receiving delivery of food, no bare hand contact with ready-to-eat foods, and washing fruits and vegetables.

ATCP 78.15(2)(b)3. 3. Supervision, safety and staff coverage pursuant to s. ATCP 78.26, including specific procedures for specialized and non-specialized program activities.

ATCP 78.15(2)(b)4. 4. Health staffing and medication administration as required pursuant to s. ATCP 78.27.

ATCP 78.15(2)(b)5. 5. Primitive camping and backcountry trips as specified pursuant to s. ATCP 78.32.

ATCP 78.15(2)(c) (c) Monitoring and corrective action. The camp has implemented monitoring, corrective action and documentation procedures for standard operating procedures.

ATCP 78.15(2)(d) (d) Verification. The camp has implemented a verification and documentation process for the standard operating procedures.

ATCP 78.15 Note Note: Camps with a written strategic plan and involvement within professional organizations are indicators that a camp is focused on the continuous process of effective control over public health hazards.