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.
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(2)(o)(o) The person fails to comply with an order issued under s. DHS 163.32 (1) by the time specified in the order.
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)(a)(a) The person owes the department payment of fees.
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.