SPS 221.06(2)(2)General orders to correct violations.
SPS 221.06(2)(a)(a) If upon inspection of an establishment, the department or agent finds that the establishment 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.
SPS 221.06(2)(b)(b) If the order to correct a violation is not carried out by the expiration of the time period stated in the order, or any extension of time granted by the department or agent, the department or agent may suspend or revoke the license to operate the establishment.
SPS 221.06(2)(c)(c) Any person who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under s. SPS 221.08.
SPS 221.06(3)(3)Temporary orders.
SPS 221.06(3)(a)(a) As provided under s. 227.51 (3), Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
SPS 221.06(3)(a)1.1. Prohibit the continued operation or method of operation of specific equipment.
SPS 221.06(3)(a)2.2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.
SPS 221.06(3)(a)3.3. Require a practitioner to cease tattooing or body piercing.
SPS 221.06(3)(b)(b)
SPS 221.06(3)(b)1.1. A temporary order shall take effect upon delivery to the operator, establishment, or practitioner, as applicable. Except as provided in par. (c), the temporary order shall remain in effect for 14 days from the date of delivery. A temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
SPS 221.06(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. 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 operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
SPS 221.06(3)(c)(c) If the analysis or examination 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 operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under s. SPS 221.08. The notice shall include a statement that the facility has a right to request a hearing under s. SPS 221.08 within 15 days after issuance of the notice.
SPS 221.06(3)(d)(d) Pursuant to s. 463.18, Stats., any person who willfully violates or obstructs a departmental order relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.
SPS 221.06 HistoryHistory: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction in (1) (a), 2., (b) 3., 4., (2) (c), (3) (a) (intro.), (c), (d) under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.065SPS 221.065Level III local health department. A level III local health department shall do all of the following:
SPS 221.065(1)(1)Conduct inspections and investigations, issue licenses and enforce the department’s rules, ch. SPS 221, promulgated under ss. 463.10 (4) and 463.12 (4), Stats., for regulation of tattooists and tattoo establishments and regulation of body piercers and body-piercing establishments, upon entering into an agreement with the department under s. 463.16, Stats., to serve as the department’s agent for this purpose in the local health department’s area of jurisdiction.
SPS 221.065 HistoryHistory: Renum. from DHS 140.06 (1) (d) under s. 13.92 (4) (b) 1., Stats., Register December 2015 No. 720; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734.
SPS 221.07SPS 221.07Suspension or revocation of license. The department may, after a hearing under s. SPS 221.08, suspend or revoke a license for violation of s. 463.10 or 463.12, Stats., this chapter, or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under s. SPS 221.08 (1).
SPS 221.07 HistoryHistory: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; correction under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.08SPS 221.08Appeals of actions by the department.
SPS 221.08(1)(1)
SPS 221.08(1)(a)(a) Except as specified under sub. (2) or (3), a request for a hearing to contest denial of a license, a voided license, suspension, revocation, forfeiture, or order given under s. SPS 221.06 (1) (b) 4. or (2), shall be submitted in writing to the department of administration’s division of hearings and appeals within 15 days after receipt of the notice of the department’s action.
SPS 221.08(1)(b)(b) 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.
SPS 221.08(1)(c)(c) A request for 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.
SPS 221.08(1)(d)(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and 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.
SPS 221.08 NoteNote: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
SPS 221.08(2)(2)As a condition for requesting a hearing to appeal the voiding of a license, a license applicant or operator, or practitioner, as applicable, shall comply with sub. (4). In an appeal concerning voiding a license, the burden is on the applicant or owner to show that the entire applicable fees and processing charges have been paid.
SPS 221.08(3)(3)A request for hearing on a temporary order given by the department under s. SPS 221.06 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the appellant agree to a later date, the immediate danger to health is removed, the order is not contested or the appellant and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s. 227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health: