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)1.1. Name of the course and if it was an initial or refresher course.
DHS 163.25(11)(b)2.2. The course dates.
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)6.6. The student’s course test score.
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.
subch. IV of ch. DHS 163Subchapter IV — Enforcement
DHS 163.30DHS 163.30General provisions.
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)(3)Authority to investigate.
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 163.31Reasons 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)(a)(a) The person owes the department payment of fees.
DHS 163.31(2)(b)(b) The person deceptively issued or used training diplomas.
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.