Chapter DHS 159

DHS 159.39 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.40 DHS 159.40 Department decisions on initial and renewal applications for principal instructor approval.

DHS 159.40(1) (1) Complete application. Within 30 calendar days after receiving a complete application for initial or renewal of approval, the department shall either approve the application and issue the applicant a certificate of approval for the disciplines in which the individual may instruct, or deny the application. If the department denies approval, the department shall provide the applicant with written notification of the reason for the denial and the appeal rights under subch. VI.

DHS 159.40(2) (2) Incomplete application. Within 15 calendar days after receiving an incomplete application for initial or renewal of approval, the department shall provide instructions to the applicant for completion of the application.

DHS 159.40(3) (3) Void application. An application the department determines is not complete within 90 calendar days after the department first receives the application is void. To be reconsidered for approval, the applicant shall submit a new application, and the applicable fee.

DHS 159.40 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.41 DHS 159.41 Principal instructor approval effective dates and expiration dates.

DHS 159.41(1) (1) Principal instructor approval is effective on the date the department issues the certificate of approval.

DHS 159.41(2) (2) Principal instructor approval shall expire on the date the instructor’s qualifying certification under s. DHS 159.37 (2) expires.

DHS 159.41 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.42 DHS 159.42 Guest instructor designation.

DHS 159.42(1) (1) Eligibility. No person may act as a guest instructor for an accredited asbestos training course unless the person is designated by the training provider of the accredited training course and meets all of the following qualifications:

DHS 159.42(1)(a) (a) Appropriate work experience or professional training in each topic the guest instructor will teach.

DHS 159.42(1)(b) (b) Certification in a discipline that qualifies an individual to perform the hands-on activities the guest instructor will teach.

DHS 159.42(2) (2) Designation by training provider. The training provider shall designate a guest instructor by submitting to the department verifiable documentation describing the person’s qualifications before the person may assist in teaching an accredited asbestos training course.

DHS 159.42(3) (3) Withdrawal of designation. If the department determines that the individual’s work experience, training or certification does not meet the eligibility requirements, or if the individual fails to comply with applicable regulations, the department shall notify the training provider that the designated guest instructor does not meet the qualifications. Upon notification from the department, the training provider shall immediately withdraw the guest instructor designation. If the training provider submits additional documentation of the individual’s work experience or training to the department that demonstrates to the department’s satisfaction that the person meets guest instructor qualifications, the training provider may again designate the individual as a guest instructor.

DHS 159.42 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

subch. VI of ch. DHS 159 Subchapter VI — Enforcement

DHS 159.43 DHS 159.43 General provisions.

DHS 159.43(1) (1) Departmental action. The department may initiate an action in the name of this state against any person for violating a provision of this chapter or to require compliance with this chapter.

DHS 159.43(2) (2) Other agency action.

DHS 159.43(2)(a) (a) If any other state agency, in the course of performing its duties, determines that a person has committed a violation of the certification requirements of this chapter or s. 254.20, Stats., and notifies the department pursuant to s. 254.20 (10) (d), Stats., the department may take enforcement action against that person under this subchapter based on the other agency’s determination.

DHS 159.43(2)(b) (b) If a local governmental agency, in the course of performing its duties, determines that a person has committed a violation of this chapter, s. 254.20, Stats., or a local ordinance that adopts or incorporates all or part of this chapter, the department may take enforcement action against that person under this chapter based on the local agency’s determination.

DHS 159.43(3) (3) Authority to investigate.

DHS 159.43(3)(a) (a) An authorized representative of the department may enter at any reasonable time any property in order to determine compliance with this chapter or s. 254.20, Stats., where the department has reason to believe that at least one of the following applies:

DHS 159.43(3)(a)1. 1. A person is violating or has violated any provision of this chapter or s. 254.20, Stats.

DHS 159.43(3)(a)2. 2. A regulated asbestos activity is being or has been conducted.

DHS 159.43(3)(a)3. 3. Asbestos waste or alleged asbestos waste is stored or disposed.

DHS 159.43(3)(a)4. 4. Business relating to regulated asbestos activities is conducted or records relating to a regulated activity are stored.

DHS 159.43(3)(b) (b) The department representative may conduct tests, interview persons, take samples, review work practices, review and copy records, and conduct other activities to determine compliance with this chapter.

DHS 159.43(3)(c) (c) An authorized representative of the department may conduct an onsite audit of a course to determine if an accredited training course meets requirements for accreditation.

DHS 159.43(3)(d) (d) No person may refuse entry or access to any representative of the department authorized by the department to act under this subsection if that representative requests entry for the purposes of determining compliance with this chapter and the representative complies with par. (e). No person required to maintain records under s. DHS 159.19 (7) may refuse to permit access to records, refuse to provide original records to, or refuse to copy or permit the copying of records for, an authorized representative of the department, if that representative complies with par. (e). No person may obstruct, hamper, or interfere with the actions of the representative under this subsection.

DHS 159.43(3)(e) (e) An authorized representative of the department entering the site of an investigation under this subchapter shall present identification and shall comply with applicable health and safety procedures established by law for persons engaged in asbestos abatement activities.

DHS 159.43 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.44 DHS 159.44 Reasons for enforcement actions.

DHS 159.44(1) (1) Reasons for accreditation enforcement actions. The department may take an action under s. DHS 159.45 against a person owning, managing, offering or conducting a training course that is regulated under this chapter, regardless whether the course is accredited, if the person has violated a provision of this chapter. The specific reason for an accreditation enforcement action may include, but is not limited to, any of the following:

DHS 159.44(1)(a) (a) The person owes the department payment of fees.

DHS 159.44(1)(b) (b) The person issued a training certificate to an individual who did not successfully complete an accredited course, or otherwise deceptively issued or used a training certificate.

DHS 159.44(1)(c) (c) The person misrepresented the accreditation status of a training course or the contents of a training course to the department, EPA, another state, or the student population.

DHS 159.44(1)(d) (d) The person made false or misleading statements to the department in the application for accreditation or reaccreditation.

DHS 159.44(1)(e) (e) The person provided any false or misleading information to the department relating to a regulated activity.

DHS 159.44(1)(f) (f) The person failed to establish or maintain records required under this chapter, or to give an authorized representative of the department copies of or access to such records.

DHS 159.44(1)(g) (g) The person falsified records required under this chapter, including but not limited to accreditation records, class rosters, or other accreditation-related information or documentation.

DHS 159.44(1)(h) (h) The person offered or conducted a course that failed to meet a requirement of this chapter.

DHS 159.44(1)(i) (i) The person conducted a course using individuals who were not certified when certification was required or individuals who were not approved when approval was required.

DHS 159.44(1)(j) (j) The person failed to comply with the accreditation standards and requirements under this chapter.

DHS 159.44(1)(k) (k) The person failed to submit a required course notification or revised notification to the department in a timely manner.

DHS 159.44(1)(L) (L) The person failed or refused to permit a department representative to attend, evaluate, or monitor a training course, without charge or hindrance.

DHS 159.44(1)(m) (m) The person failed to respond to a letter of inquiry, a notice of noncompliance, or written order within the required time.

DHS 159.44(1)(n) (n) The person failed to comply with a federal, state, or local government statute, rule, regulation, or ordinance relating to a regulated asbestos activity.

DHS 159.44(2) (2) Reasons for approval enforcement actions. The department may take an action under s. DHS 159.45 against a person required to be an approved principal instructor under this chapter, regardless whether the person is approved, if the person has violated a provision of this chapter. The specific reason for an approval enforcement action may include, but is not limited to, any of the following:

DHS 159.44(2)(a) (a) The person owes the department payment of fees.

DHS 159.44(2)(b) (b) The person failed to comply with accreditation standards and requirements under this chapter while instructing or supervising a department-regulated training course.

DHS 159.44(2)(c) (c) The person failed to submit a required course notification or revised notification to the department in a timely manner.

DHS 159.44(2)(d) (d) The person violated a provision of this chapter, including certification requirements, or a related federal, state, or local statute, rule, regulation, or ordinance.

DHS 159.44(2)(e) (e) The person provided false or misleading information, or misrepresented credentials or documentation of qualifications submitted to the department as the basis for approval.

DHS 159.44(2)(f) (f) The person provided any false or misleading information relating to a regulated activity to the department.

DHS 159.44(2)(g) (g) The person issued a training certificate to an individual who did not successfully complete an accredited course, or otherwise deceptively issued a training certificate.

DHS 159.44(2)(h) (h) The person failed to respond to a letter of inquiry, a notification of noncompliance or written orders within the required time.

DHS 159.44(2)(i) (i) The person failed or refused to permit a department representative to attend, evaluate, or monitor a training course, without charge or hindrance.

DHS 159.44(3) (3) Reasons for certification enforcement actions. The department may take an action under s. DHS 159.45 against a person required to be certified under this chapter, regardless whether the person is certified, if the person has violated a provision of this chapter. The specific reason for a certification enforcement action may include, but is not limited to, any of the following:

DHS 159.44(3)(a) (a) The person owes the department payment of fees.

DHS 159.44(3)(b) (b) The person obtained training documentation by fraudulent means.

DHS 159.44(3)(c) (c) The individual used a training certificate, or electronic equivalent, without having successfully completed the course for which the certificate was issued.

DHS 159.44(3)(d) (d) The individual gained admission to and completed an accredited training program through misrepresentation of admission requirements.

DHS 159.44(3)(e) (e) The person misrepresented facts or made false or misleading statements in applying for certification.

DHS 159.44(3)(f) (f) The individual completed a course that was not in compliance with accreditation standards under this chapter.

DHS 159.44(3)(g) (g) The person permitted the use of a training certificate or certification card by an individual to whom the certificate or card was not issued, or permitted duplication of a training certificate or card without labeling the duplicate a “copy.”

DHS 159.44(3)(h) (h) The person withheld or confiscated an employee’s training certificate or certification card.

DHS 159.44(3)(i) (i) The individual performed regulated work under provisional certification without meeting all conditions for provisional certification.

DHS 159.44(3)(j) (j) The person allowed an individual to work without supervision when supervision was required.

DHS 159.44(3)(k) (k) The person conducted regulated work requiring certification without being certified by the department.

DHS 159.44(3)(L) (L) The individual performed work that required certification without having proof of certification at the job site in violation of s. DHS 159.13 (4) (c).

DHS 159.44(3)(m) (m) The person conducted, advertised, claimed to provide, or offered to conduct or supervise work for which certification was required, without being appropriately certified.

DHS 159.44(3)(n) (n) The person conducted work using individuals who were not certified when certification was required or individuals who were not approved when approval was required.

DHS 159.44(3)(o) (o) The person failed to establish or maintain records required under this chapter, or to give an authorized representative of the department copies of or access to such records by.

DHS 159.44(3)(p) (p) The person failed or refused to permit entry to or inspection of a work site or place of business by an authorized representative of the department.

DHS 159.44(3)(q) (q) The person displayed conduct relating to a regulated asbestos activity that in the department’s judgment constitutes unreasonable risk to the health or safety of a person or the environment.

DHS 159.44(3)(r) (r) The person displayed a pattern of conduct that in the department’s judgment constitutes unreasonable risk to the health or safety of persons or the environment.

DHS 159.44(3)(s) (s) The person obtained certification when not eligible for certification.

DHS 159.44(3)(t) (t) The person failed to comply with a federal, state, or local government statute, rule, regulation, or ordinance relating to a regulated asbestos activity.

DHS 159.44(3)(u) (u) The person failed to submit a completed and timely notification under s. DHS 159.19 (2) or 159.20.

DHS 159.44(3)(v) (v) The person failed to respond to a letter of inquiry, a notice of noncompliance or written order within the required time.

DHS 159.44(3)(w) (w) The person provided false or misleading information to the department relating to a regulated activity.

DHS 159.44(4) (4) Reasons for denial. In addition to the reasons for enforcement actions under subs. (1) to (3), the department may deny an application for certification, recertification, accreditation, renewal of accreditation or approval for any of the following reasons:

DHS 159.44(4)(a) (a) A person’s certification, accreditation, or approval under this chapter was revoked within the previous 5 years.

DHS 159.44(4)(b) (b) The department determines that the person is not fit and qualified. In determining whether the person is fit and qualified, the department shall consider the person’s qualifications and any history of civil or criminal violations of statutes, regulations or ordinances of the United States, this state, any other state, or a local government, that are substantially related to regulated asbestos activities or other environmental remediation.

DHS 159.44(4)(c) (c) The person submitted false or inaccurate information in the application process.

DHS 159.44(4)(d) (d) The person seeks to renew contingent accreditation of a training course that has remained in contingent accreditation status for three years without obtaining full accreditation.