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. DHS 163.31(5)(5) Reasons for denial. In addition to reasons for enforcement actions under subs. (1) to (4), the department may deny an application for certification, recertification, accreditation, renewal of accreditation or approval under this chapter to any of the following persons: DHS 163.31(5)(a)(a) A person who has had a certification, recertification, accreditation, renewal of accreditation or approval under this chapter revoked within the previous 5 years. DHS 163.31(5)(b)(b) A person whom the department determines is not fit or qualified. In determining whether a person is fit or qualified, the department shall consider the person’s qualifications and any history of civil or criminal violation of statutes, regulations or ordinances of the United States, this state, any other state or any tribal or local government substantially related to regulated activities or other environmental remediation. DHS 163.31(6)(6) Reasons for summary suspension. A finding of a requirement for summary suspension under s. DHS 163.32 (5) may be based on, but is not limited to, any the following: DHS 163.31(6)(a)(a) The person has committed a substantial violation of this chapter or an order under this section, as determined by the department. A substantial violation may include one of the following: DHS 163.31(6)(a)1.1. Performance of work for which certification is required but for which appropriate certification was not received. DHS 163.31(6)(a)2.2. Performance of work using individuals who were not certified when certification was required. DHS 163.31(6)(a)3.3. Failure or refusal to comply with the work practice standards under s. DHS 163.14, or to ensure that employed or contracted persons comply with those work practice standards. DHS 163.31(6)(b)(b) The person has committed an action or has created a condition relating to a regulated activity that in the department’s judgment directly threatens the health, safety or welfare of any person. DHS 163.31 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (1), (2) (d), (h), (4) (intro.), (L), (n), (5) (b), and (6) (a) 3., cr. (2) (L) and (3) (c), eff. 10-16-09; CR 09-085: am. (1), (2) (d), (h), (4) (intro.), (L), (n), (5) (b), and (6) (a) 3., cr. (2) (L) and (3) (c) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (2) (b), (i), cr. (2) (m) to (o), am. (4) (b), (g) to (j), (L), cr. (4) (Lm), am. (4) (o), cr. (4) (t) to (w), am. (6) (a), (b) Register June 2021 No. 786, eff. 7-1-21; correction in (2) (o), (4) (w) made under s. 35.17, Stats., Register June 2021 No. 786. DHS 163.32DHS 163.32 Enforcement actions. In addition to issuing letters of inquiry, warning letters and noncompliance statements, which are not appealable, the department may take one or more of the following appealable actions for any reason stated under s. DHS 163.31 against a person performing or offering to perform activities regulated under this chapter: DHS 163.32(1)(1) Order. If the department provides written notice of the grounds for an order and an explanation of the process for appealing an order imposed under this subsection, the department may order any of the following when a person violates a provision under this chapter or continues to violate or resumes violation of a provision for which notice was previously issued: DHS 163.32(1)(a)(a) That the person stop performing, supervising, advertising, claiming to provide or offering activities for which certification is required under this chapter.