DHS 163.25 NoteNote: Submit training course changes to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445 or by any other method acceptable to the department.
DHS 163.25(8)(8) Permission to audit. The training manager shall permit department representatives to attend, evaluate and monitor any accredited training course and have access to records associated with any accredited training course at any reasonable time without charge or hindrance to the department for the purpose of an accreditation audit or any other evaluation of compliance with this chapter and any other applicable statute or regulation. DHS 163.25(9)(9) Quality control. The training manager shall be responsible for developing and implementing a written quality control plan with measures that include all of the following: DHS 163.25(9)(a)(a) Compliance. Ensuring that the training course and course personnel comply with all provisions of this chapter. DHS 163.25(9)(b)(b) Instructor review. Annually reviewing instructor competency and taking measures to improve competency when necessary. DHS 163.25(9)(c)(c) Material review. Annually reviewing and revising training materials and course tests to reflect innovations and changes in the field. DHS 163.25(9)(d)(d) Training and meetings. Attending training and meetings to which the training manager has been invited by the department as a means of improving the quality of training offered. DHS 163.25(9)(f)(f) Validity of skills assessment. Maintaining the validity and integrity of the hands-on skills assessment under s. DHS 163.20 (8) (i) to ensure that it accurately evaluates the trainees’ performance of skills taught during hands-on training. DHS 163.25(10)(a)(a) Requirement to retain records. The training manager shall ensure that the training provider offering an accredited training course retains the records in par. (b) at its principal place of business in Wisconsin. If no office is maintained in Wisconsin, records shall be retained at the office location closest to Wisconsin. Records shall be retained for a minimum of 3 years 6 months and shall be given to the department upon request. DHS 163.25(10)(b)(b) Records to be retained. The following records shall be retained: DHS 163.25(10)(b)1.1. A copy of each department-approved instructor and student manual, course test, course test blueprint, all printed materials used in the course, other training material and any document reflecting changes made to any material. DHS 163.25(10)(b)3.3. A copy of each student’s training diploma and original photo saved in digital format. DHS 163.25(10)(b)4.4. Documentation of training manager, principal instructor and guest instructor qualifications, including copies of any principal instructor approvals under s. DHS 163.24 (3) and guest instructor designations under sub. (4). DHS 163.25(10)(b)5.5. Original attendance forms signed by students, and any other attendance records. DHS 163.25(10)(b)6.6. The quality control plan when required under s. DHS 163.25 (9), including documentation of activities performed in compliance with the quality control plan. DHS 163.25(10)(b)7.7. Documentation of hands-on skills assessment completed for each student and signed by the principal instructor. DHS 163.25(10)(b)9.9. Any other material submitted to the department as part of the application for accreditation or later at the request of the department to provide a basis for granting accreditation. DHS 163.25(11)(a)(a) Within 2 working days after an accredited lead training course is completed, the training manager shall submit student data to the department in an electronic format provided by or approved by the department or in another format approved by the department. DHS 163.25(11)(b)(b) The student data submitted shall include all of the following information for each student: DHS 163.25(11)(b)3.3. For each training diploma issued, the date the training diploma was issued. DHS 163.25(11)(b)4.4. The student’s full legal name and address. The same name shall be used on the student’s training diploma. DHS 163.25(11)(b)5.5. For each training diploma issued, the unique training diploma number as it appears on the training diploma. DHS 163.25(11)(b)7.7. A clearly identifiable picture of the student’s face clearly labeled with the student’s full legal name. DHS 163.25(11)(b)9.9. The student’s date of birth as it appears on the student’s official photo identification. DHS 163.25 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (3) (a), (b) 2. to 4., (c) 2., (d), (5), (7) (intro.), (e), (10) (b) 1., (11) (b) 4., 6. and 9., r. (7) (f) and (11) (b) 8., eff. 10-16-09; CR 09-085: am. (3) (a), (b) 2. to 4., (c) 2., (d), (5), (7) (intro.), (e), (10) (b) 1., (11) (b) 4., 6. and 9., r. (7) (f) and (11) (b) 8. Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1), (2), (3) (title), (a) (title), (b) (title), (c) (title), 2., (d), (6), (7) (intro.), (d), (9) (intro.), (e), (10) (a), (b) 2., 3., 5., r. and recr. (10) (b) 7., r. (10) (b) 8., am. (11) (b) 3. to 5. Register June 2021 No. 786, eff. 7-1-21. DHS 163.30(1)(1) Departmental action. The department may initiate an action in the name of this state against any person to require compliance with this chapter or for failure or refusal to comply with any provision of this chapter. DHS 163.30(2)(2) Other agency action. Any other state agency in the course of the performance of its duties may determine that an individual, company or training provider has violated or is violating one or more requirements of this chapter. If that agency determines that there is a potential violation of this chapter, the agency may notify the department of that potential violation. The department may delegate all or part of its enforcement authority to any other state or federal agency through a memorandum of understanding. DHS 163.30(3)(a)(a) Whenever the department is advised or has reason to believe that any person is violating or has violated any provision of this chapter, the department may make an investigation to determine the facts. For purposes of this investigation, the department shall have authority to inspect the site where the violation is alleged to be occurring or to have occurred. DHS 163.30(3)(b)(b) An authorized representative of the department may enter a site where a regulated activity is being or has been conducted or a site that the authorized representative of the department has reason to believe may be involved with a regulated activity. An authorized representative of the department may also enter the site where a person regulated under this chapter conducts business. The representative may conduct tests, take samples, review work practices, review and copy records and perform other activities necessary to determine compliance with this chapter. No person who is required to establish or maintain records under this chapter may refuse to provide or copy records, or refuse to permit entry or access to an authorized representative of the department if that representative presents a valid identification issued to the representative by the department and if that representative is complying with par. (a). No person may obstruct, hamper or interfere with the actions of that representative under this paragraph. DHS 163.30(3)(c)(c) An authorized representative of the department may conduct an audit under s. DHS 163.22 (6) to ascertain whether an accredited training course continues to meet requirements for accreditation. DHS 163.30(3)(d)(d) An authorized representative of the department entering the site of an investigation under this subsection shall present identification and any authorization issued by the department and shall comply with applicable health and safety procedures established by law. DHS 163.30(4)(4) Referral to district attorney. The department may report any violation of this chapter or orders issued under this chapter to the district attorney of the county in which the dwelling is located. Pursuant to s. 254.30, Stats., the district attorney shall enforce this chapter or orders issued under this chapter upon receiving a report from the department or from the department’s designee under s. 254.152, Stats. DHS 163.30 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (1) and (2), eff. 10-16-09; CR 09-085: am. (1) and (2) Register March 2010 No. 651, eff. 4-1-10. DHS 163.31DHS 163.31 Reasons for enforcement actions. DHS 163.31(1)(1) Execution of a consent agreement. In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action may constitute, for purposes of this section, conclusive evidence of a failure to comply with relevant statutes or rules. DHS 163.31(2)(2) Reasons for accreditation enforcement actions. The department may take an action under s. DHS 163.32 against a person offering or conducting a training course that is required to be accredited under this chapter if the person has violated any provision of this chapter. Reasons for accreditation enforcement actions may include any of the following violations: DHS 163.31(2)(c)(c) The person misrepresented a training course or the contents of a training course to the department, EPA, another EPA-authorized state, an EPA-authorized tribe or the student population. DHS 163.31(2)(d)(d) The person made false or misleading statements to the department in its application for accreditation or reaccreditation. DHS 163.31(2)(e)(e) The person falsified accreditation records, instructor qualifications or other accreditation-related information or documentation. DHS 163.31(2)(f)(f) The person offered or conducted a course that failed to meet a requirement of this chapter. DHS 163.31(2)(g)(g) The person failed to comply with the accreditation standards and requirements under this chapter. DHS 163.31(2)(h)(h) The person falsified records or failed or refused to establish, maintain, provide, copy or permit access by an authorized representative of the department to records or reports. DHS 163.31(2)(i)(i) The person failed to submit required information or notices to the department in a timely manner. DHS 163.31(2)(j)(j) The person failed to comply with any other federal, state or local lead-based paint statute, ordinance, rule or regulation. DHS 163.31(2)(k)(k) The person failed or refused to permit a department representative entry to a training course without charge or hindrance to attend, evaluate or monitor the course. DHS 163.31(2)(L)(L) The person used an instructor to teach a course accredited under this chapter who was not qualified to teach at the time the course was offered. DHS 163.31(2)(m)(m) The person failed to respond to a letter of inquiry, notice of noncompliance, or written orders within the required time. DHS 163.31(2)(n)(n) The person continues to violate or resumes violation of a provision for which notice of noncompliance was previously issued. DHS 163.31(3)(3) Reasons for approval enforcement actions. The department may take an action under s. DHS 163.32 against a person required to be approved as a training manager, principal instructor or guest instructor under this chapter if the person has violated any provision of this chapter. The reason for an approval enforcement action may include any of the following violations: DHS 163.31(3)(a)(a) The training manager, principal instructor or guest instructor has violated a provision of this chapter or any related state, federal or local statute, ordinance, rule or regulation. DHS 163.31(3)(b)(b) The training manager, principal instructor or guest instructor has misrepresented his or her credentials or documentation of qualifications submitted to the department as the basis for approval. DHS 163.31(3)(c)(c) The principal instructor failed to maintain the instructor approval or certification upon which the approval was granted, before teaching a course accredited under subch. III. DHS 163.31(4)(4) Reasons for certification enforcement actions. The department may take an action under s. DHS 163.32 against a person required to be certified under this chapter, whether an individual or a company, if the person has violated any provision of this chapter. Reasons for certification enforcement actions may include any of the following violations: DHS 163.31(4)(b)(b) The person used a training diploma or electronic equivalent without having successfully completed the course for which the diploma was issued. DHS 163.31(4)(c)(c) The person obtained training documentation through fraudulent means. DHS 163.31(4)(d)(d) The person gained admission to and completed an accredited training program through misrepresentation of admission requirements. DHS 163.31(4)(e)(e) The person misrepresented facts or made false or misleading statements in applying for certification. DHS 163.31(4)(f)(f) The person obtained certification through misrepresentation of certification requirements or related documents dealing with education, training, professional registration or experience. DHS 163.31(4)(g)(g) The person permitted the use of one person’s training diploma, certification card or certificate, or copies of those documents by another. DHS 163.31(4)(h)(h) The person withheld or confiscated an employee’s valid training diploma or valid certification card. DHS 163.31(4)(i)(i) The person performed work requiring certification at a job site without having proof of certification on site. DHS 163.31(4)(j)(j) The person performed, advertised, claimed to provide or offered to perform or supervise work for which certification is required without being appropriately certified. DHS 163.31(4)(k)(k) The person performed work using individuals who were not certified when certification was required. DHS 163.31(4)(L)(L) The person falsified records or reports required under this chapter. DHS 163.31(4)(Lm)(Lm) The person failed or refused to establish, maintain, provide, or permit department access to, the records or reports required under this chapter. DHS 163.31(4)(m)(m) The person failed or refused to permit entry or inspection by an authorized representative of the department. DHS 163.31(4)(n)(n) The person failed or refused to comply with, or to ensure that employed or contracted persons comply with, the work practice standards and protocols under this chapter. DHS 163.31(4)(o)(o) The person committed an action or created a condition relating to a regulated activity that in the department’s judgment constitutes unreasonable risk to the health, safety, or welfare of any person. DHS 163.31(4)(p)(p) The person displayed a pattern of conduct that in the department’s judgment constitutes unreasonable risk to the health and safety of persons or the environment. DHS 163.31(4)(q)(q) The person failed the mandatory certification examination 3 times in any 6-month period. DHS 163.31(4)(s)(s) The person failed to comply with any federal, state or local government lead-based paint statute, ordinance, rule or regulation. DHS 163.31(4)(t)(t) The person performed regulated work under provisional certification without meeting all conditions for provisional certification. DHS 163.31(4)(u)(u) The person failed to respond to a letter of inquiry, notice of noncompliance, or written orders within the required time. DHS 163.31(4)(v)(v) The person continues to violate or resumes violation of a provision for which notice of noncompliance was previously issued.
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