Chapter DHS 159

DHS 159.45(8) (8) Revocation. The department may revoke a certification, accreditation or approval issued under this chapter if the department provides written notice of the revocation, including the grounds for revocation and an explanation of the process for appealing a revocation under s. DHS 159.46, not less than 30 days before the date the revocation will take effect, and the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period. Revocation is effective 30 days from the date of the notice, unless the department notifies the person that substantial compliance has been achieved. A revocation shall remain in effect, regardless whether it is appealed, until the person reapplies for certification, accreditation or approval, and the department determines that the interests of the residents of the state are served, or a final decision issued in an appeal reverses the department’s action. No person may perform an activity for which certification, accreditation or approval has been revoked.

DHS 159.45 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.46 DHS 159.46 Appeals.

DHS 159.46(1) (1) Right to appeal. An action taken by the department under s. DHS 159.45 (3) to (8) is subject to review under ch. 227, Stats. To request a hearing under ch. 227, Stats., the aggrieved person shall submit a written request to the department of administration’s division of hearings and appeals within 15 calendar days after the date of the department’s action.

DHS 159.46(2) (2) Appeals process.

DHS 159.46(2)(a) (a) Filing date. A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. A request for a hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals. A request for a hearing that is transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and at the time imprinted by the division’s facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.

DHS 159.46(2)(b) (b) Content of appeal. Appeals shall contain the following information:

DHS 159.46(2)(b)1. 1. The name and address of the person requesting the hearing.

DHS 159.46(2)(b)2. 2. A description of the action that is being contested and a copy of the department’s notice of action.

DHS 159.46(2)(b)3. 3. A concise statement of the reasons for objecting to the action.

DHS 159.46(2)(b)4. 4. The type of relief requested.

DHS 159.46(2)(b)5. 5. A request for hearing.

DHS 159.46(2)(c) (c) Service on department. The person requesting a hearing shall submit a copy of the hearing request to the department on the same day the request is filed with the division of hearings and appeals.

DHS 159.46(3) (3) Administrative hearing. The division of hearings and appeals shall conduct an administrative hearing under s. 227.42, Stats.

DHS 159.46 Note Note: A request for a hearing shall be submitted to the Division of Hearings and Appeals, 5005 University Ave, Suite 201, Madison, WI 53705-5400, or faxed to 608-264-9885. A copy of the request for hearing shall be submitted to the department at 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659 or faxed to 608-261-6876.

DHS 159.46 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

subch. VII of ch. DHS 159 Subchapter VII — Designated Asbestos Person

Subch. VII of ch. DHS 159 Note Note: The purpose of this subchapter is to assist local education agencies (LEA’s) in complying with the U.S. EPA school asbestos regulations under 40 CFR 763, Subpart E (AHERA). The department needs contact information for the designated asbestos person for communication regarding regulatory and other asbestos issues.

DHS 159.47 DHS 159.47 Responsibilities of a local education agency.

DHS 159.47(1) (1) A local education agency shall designate an individual to serve as the designated asbestos person, also known as the designated person, under AHERA.

DHS 159.47(2) (2) The local education agency shall ensure that the designated asbestos person is trained to conduct duties assigned under this subchapter and shall maintain documentation that the training has been completed. Training shall provide basic knowledge of all the following:

DHS 159.47(2)(a) (a) Health effects of asbestos.

DHS 159.47(2)(b) (b) Detection, identification and assessment of asbestos-containing material.

DHS 159.47(2)(c) (c) Options for controlling asbestos-containing material.

DHS 159.47(2)(d) (d) Asbestos management programs.

DHS 159.47(2)(e) (e) Relevant federal and state regulations.

DHS 159.47(3) (3) The local education agency shall notify the department by November 1, 2009, and annually by October 1 thereafter, of the name and contact information of the designated asbestos person on a form obtained from the department.

DHS 159.47 Note Note: Training may be obtained by taking a training course for designated school asbestos coordinators or by reading and understanding “How to Manage Asbestos in School Buildings, AHERA Designated Person’s Self-Study Guide,” which may be ordered by contacting the TSCA Hotline at 202-554-1404 between 7:30 a.m. and 4:00 p.m. Monday though Friday. For contact information about training providers that may offer designated asbestos person training, call 608-261-6876.

DHS 159.47 Note Note: Forms are available on the department’s website at www.dhs.wi.gov/asbestos or may be obtained from the Asbestos and Lead Unit: [e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659

DHS 159.47 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.48 DHS 159.48 Responsibilities of a designated asbestos coordinator.

DHS 159.48(1) (1) The designated asbestos person shall ensure that the LEA complies with AHERA requirements under 40 CFR 763, Subpart E.

DHS 159.48(2) (2) The designated asbestos person shall ensure that the LEA complies with this chapter.

DHS 159.48 Note Note: The entire AHERA regulation and related materials may be found on EPA’s Internet web site at http://www.epa.gov/asbestos/pubs/asbestos_in_schools.html. Publications may be ordered by contacting the TSCA Hotline at 202-554-1404 between 7:30 a.m. and 4:00 p.m. Monday though Friday.

DHS 159.48 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.