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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.
1. An applicant may request and make an appointment with the department to review the applicant’s examination.
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.
3. The department shall retain certification or registration examinations at least 2 months after the date of the examination.
Note: This subsection only applies to examinations administered by the department.
(10)Enforcement actions.
(a) The department may take actions to ensure compliance with the provisions of this chapter, including denying, revoking, or suspending credentials.
(b) The department may require attendance at a specified education class.
(11)Denial, suspension, and revocation.
(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:
1. Fails to meet the qualifications for the certification or registration.
2. Has obtained the certification or registration through fraud or deceit.
3. Has demonstrated negligence or incompetence in fulfilling the responsibilities or obligations of the certification or registration.
4. Has a conflict of interest in fulfilling the responsibilities or obligations under the certification or registration.
5. Has demonstrated misconduct in fulfilling the responsibilities or obligations under the certification or registration.
6. Has been arrested or convicted for a crime substantially related to the certification or registration.
7. Has a physical or mental impairment which prevents the applicant or holder from fulfilling the responsibilities or obligations under the certification or registration.
8. Has violated state, federal or local laws or regulations relating to the conduct of the activities under the certification or registration.
9. Has attempted to defraud, including but not limited to falsifying test reports.
10. If registered or certified under this section, has performed any of the following:
a. Failed to maintain required records.
b. Denied the department access to requested records.
c. Failed to submit a required notice or report to the department within a required time period.
d. Submitted false reports to the department or other persons.
e. Exhibited a pattern of submitting substantially inadequate reports.
(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:
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.
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.
(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.
(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.
(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.
(f) Reinstatement.
1. ‘Suspension.’
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.
b. The request to the department to have a suspended certification or registration reissued shall be made in writing.
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.
d. The department may impose conditions on the reissued certification or registration to assure compliance with this chapter.
2. ‘Revocation.’ A person whose certification or registration has been revoked may not apply to ever receive such a certification or registration.
(12)Responsibilities.
(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.
(b) A person who holds a certification under this chapter shall present the certification for identification upon request of the department or its representative.
(c) The requirements of this subsection apply to certifications or registrations issued to an individual and not to a business.
(13)Tank system inspectors.
(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.
(b) Application for examination. A person applying to take a tank system inspector certification examination shall submit all of the following:
1. An application in accordance with this section.
2. An application fee and examination fee in accordance with Table 93.240.
(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.
(d) Examination. A person seeking to obtain a tank system inspector certification shall take and pass an examination in accordance with sub. (9).
(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.
(f) Responsibilities. A person who inspects tank systems as a certified tank system inspector shall:
1. Perform regulatory enforcement of related code requirements in this chapter.
2. Issue non-compliance or violation-correction orders and conduct follow-up inspections as necessary to verify correction.
Note: Inspectors with authority granted by the local municipality may utilize the respective enforcement procedures as granted by the respective authority.
3. Pursue failure to comply with correction orders through local or department enforcement referral procedures.
4. Maintain a record of the inspections made including the dates and the findings of the inspections.
5. Provide a copy of the inspection report to the owner of the tank system or the owner’s agent.
6. Make available to the department tank system inspection records upon request.
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.
(g) Renewal.
a. A person may renew a certification as a tank system inspector.
b. A tank system inspector certification shall be renewed in accordance with sub. (7).
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.
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.
(14)Tank specialty firms.
(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:
1. A registration issued by the department as a registered tank specialty firm.
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.
(b) Application for registration. An entity applying for a tank specialty firm registration shall submit all of the following:
1. An application in accordance with sub. (2).
2. An application fee and a registration fee in accordance with Table 93.240.
3. Proof of the liability coverage specified in par. (a) 2.
4. A list of technicians certified under subs. (15) to (21) including the areas of certification for each technician.
(c) Qualifications for registration. The person applying for a tank specialty firm registration shall be the owner of the business, a partner in the business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the corporation.
(d) Responsibilities. An entity that provides storage tank system installation, removal, testing, lining, cleaning or site assessments as a registered tank specialty firm shall utilize the appropriate credentialed persons to install, remove, test, line, or clean storage tanks; to design or install a cathodic protection system for a tank system; or to provide tank-system site assessments.
(e) Renewal.
1. A person may renew a registration as a tank specialty firm.
2. A tank specialty firm registration shall be renewed in accordance with sub. (7).
3. An application for a renewal under this paragraph shall include proof of the liability coverage specified in par. (a) 2.
4. A list of technicians certified under subs. (15) to (21) including the areas of certification for each technician.
(15)Tank system site assessors.
(a) General.
1. No person may conduct a tank-system site assessment required under this chapter unless the person holds a certification issued by the department as a certified tank-system site assessor.
2. Each tank-system site assessment shall be performed by a person who has no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility.
(b) Application for examination. A person applying to take a tank-system site assessor certification examination shall submit all of the following:
1. An application in accordance with sub. (2).
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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.