DHS 163.32(1)(f)(f) That within a specified time the person implement and comply with a plan of correction provided by the department or previously submitted by the person and approved by the department.
DHS 163.32(1)(g)(g) That the person stop performing or supervising activities for which certification is required under this chapter until all violations are corrected. The order may require all activities that are regulated under this chapter to cease until the violation is corrected.
DHS 163.32(1)(h)(h) That the person stop advertising or conducting a training course accredited or approved under this chapter until all violations are corrected.
DHS 163.32(2)(2)Denial. The department may deny an application for certification, recertification, accreditation, renewal of accreditation or approval if the department provides an applicant with a written notice of its decision to deny the application, including the reason for the denial and an explanation of the process under s. DHS 163.33 for appealing the denial.
DHS 163.32(3)(3)Civil forfeiture. The department may impose a daily forfeiture of not less than $100 nor more than $5,000 for each violation against any person who violates a provision under this chapter if the department provides written notice of the grounds for a forfeiture and an explanation of the process under s. DHS 163.33 for appealing a forfeiture. Each day of continued violation constitutes a separate offense. All of the following apply to a civil forfeiture:
DHS 163.32(3)(a)(a) The department may directly assess a forfeiture by specifying the amount of the forfeiture in the notice provided under this subsection.
DHS 163.32(3)(b)(b) A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 working days after receipt of notice of the assessment or, if that person contests that assessment under s. DHS 163.33, within 10 working days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, Stats., within 10 working days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subsection to the state treasurer for deposit in the school fund.
DHS 163.32 NoteNote: The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this subsection that has not been paid as provided in par. (b).
DHS 163.32(4)(4)Suspension. The department may suspend a certification, an accreditation or an approval issued under this chapter if the department provides written notice of suspension, the grounds for suspension and an explanation of the process under s. DHS 163.33 for appealing a suspension not less than 30 days before the date of the suspension, and the violation on which the suspension is based remains substantially uncorrected at the end of the 30-day notice period. Any suspension of a certification, accreditation or approval shall remain in effect until the department determines the interests of the residents of the state are served.
DHS 163.32(5)(5)Summary suspension.
DHS 163.32(5)(a)(a) Under the authority of s. 227.51 (3), Stats., the department may summarily suspend a certification when the department finds that this action is required to protect the health, safety or welfare of any person. A finding of a requirement for summary suspension may be based on but is not limited to one or more reasons under s. DHS 163.31 (6).
DHS 163.32(5)(b)(b) An order by a representative of the department to summarily suspend certification of a person and therefore stop a regulated activity may be a verbal or written order. Within 10 working days after the order takes effect, the department shall either permit the continuation of the regulated activity or initiate proceedings to revoke certification. Unless waived by the certified person, an informal hearing on the sole issue of whether certification shall remain suspended during revocation proceedings shall be conducted by a department designee within 20 working days after the date of suspension if the department has initiated revocation proceedings.
DHS 163.32(6)(6)Revocation. The department may revoke a certification, an accreditation or an approval issued under this chapter if the department provides written notice of revocation, the grounds for revocation and an explanation of the process under s. DHS 163.33 for appealing a revocation not less than 30 days before the date of the revocation, and the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period.
DHS 163.32 NoteNote: Pursuant to s. 254.30 (2) (b), Stats., any person who knowingly violates any provision of this chapter or an order issued under sub. (3) shall be subject to criminal penalty and shall be fined not less than $100 or more than $5,000 per day for each violation. The court may also place the person on probation under s. 973.09, Stats., for a period not to exceed 2 years.
DHS 163.32 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (intro.) and (3) (intro.), eff. 10-16-09; CR 09-085: am. (intro.) and (3) (intro.) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1) (a) to (c), (e), (f), (2), (3), (5) (b) Register June 2021 No. 786, eff. 7-1-21.
DHS 163.33DHS 163.33Appeal.
DHS 163.33(1)(1)Right to appeal. An action taken by the department under s. DHS 163.32 (1) to (6) is subject to administrative review under ch. 227, Stats.
DHS 163.33(2)(2)Appeals process. To request a hearing under ch. 227, Stats., the aggrieved person shall file, within 10 working days after the date of the department’s action, a written request for a hearing under s. 227.44, Stats. A hearing request is considered filed when the division of hearings and appeals receives the request. A request by facsimile is complete upon transmission. If the request is filed by facsimile transmission and such transmission is completed between 5 PM and midnight, one day shall be added to the prescribed period.
DHS 163.33 NoteNote: A hearing request should be addressed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707. Hearing requests may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, WI. Hearing requests may be faxed to 608-264-9885.
DHS 163.33(3)(3)Administrative hearing. The division of hearings and appeals shall hold an administrative hearing under s. 227.42, Stats., within 30 calendar days after receipt of the request for the administrative hearing, unless the aggrieved person consents to an extension of that time period. The division of hearings and appeals shall issue a decision no later than 45 calendar days after holding the hearing, unless both parties agree to a later date.
DHS 163.33 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02.
subch. V of ch. DHS 163Subchapter V — Registry of Property with Certificates of Lead-Free Status or Lead-Safe Status
DHS 163.40DHS 163.40General provisions.
DHS 163.40(1)(1)Applicability. This subchapter applies to registered lead-free property and registered lead-safe property, the property owners and the employees and agents of property owners of registered lead-free property or registered lead-safe property, and persons performing lead-based paint activities on registered lead-safe property.
DHS 163.40(2)(2)Requirements and restrictions.
DHS 163.40(2)(b)(b) Registered lead-free property or registered lead-safe property. Only a dwelling, dwelling unit or premises with a valid certificate of lead-free status in effect may be claimed to be registered lead-free property and only a dwelling, dwelling unit or premises with a valid certificate of lead-safe status in effect may be claimed to be registered lead-safe property.
DHS 163.40(2)(c)(c) Sampling or testing.
DHS 163.40(2)(c)2.2. ‘Treating paint as lead-based paint for registered lead-free or lead-safe properties.’ For purposes of obtaining a certificate of lead-free status or a certificate of lead-safe status and for performing lead abatement or non-abatement lead-based paint activities on registered lead-safe property, untested paint shall be treated as lead-based paint.
DHS 163.40(2)(c)3.3. ‘Who may sample or test paint for a lead-free inspection or lead-safe investigation.’ To be included in a lead-free inspection or lead-safe investigation, sampling or testing of paint shall be conducted by an appropriately certified person who is: