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:
DHS 163.40(2)(c)3.a.a. Not the property owner or an immediate family member, agent or employee of the property owner.
DHS 163.40(2)(c)3.b.b. Not a company or associated with a company that is directly or beneficially owned, controlled or managed by the property owner, or by an immediate family member, agent or employee of the property owner.
DHS 163.40(2)(c)3.c.c. Not a person hired by or under contract with the property owner to manage or maintain the property owner’s real property as directed by the property owner.
DHS 163.40(2)(c)3.d.d. Not a person who has been authorized by the property owner to manage or maintain the property owner’s real property on the property owner’s behalf.
DHS 163.40(2)(c)3.e.e. Not a person who has a financial interest in the laboratory results of the sampling or testing or in the determination of whether the property meets the registered lead-free property standard or the registered lead-safe property standard.
DHS 163.40(2)(c)5.5. ‘Conducting sampling or testing.’ If sampling or testing of paint is conducted on registered lead-free property or registered lead-safe property, the certified individual shall use documented methodologies that incorporate adequate quality control procedures to do one of the following:
DHS 163.40(2)(c)5.a.a. Using the procedures under s. DHS 163.14 (8), test the paint with an XRF and, if the XRF reading is more than 1 milligram lead per square centimeter, determine that lead-based paint is present. If the reading is less than or equal to 1 milligram lead per square centimeter, determine that lead-based paint is not present. When a reading is in the inconclusive range for the XRF used, treat the paint as lead-based paint unless a paint chip sample taken under subd. 5. b. results in a determination that lead-based paint is not present.
DHS 163.40(2)(c)5.b.b. Collect a paint chip sample; have the paint chip sample analyzed by a recognized laboratory to determine detectable levels of lead that can be quantified numerically; and determine that lead-based paint is present if the laboratory result for the paint chip sample is more than 0.5% lead by weight. If the laboratory result for the paint chip sample is equal to or less than 0.5% lead by weight, determine that lead-based paint is not present.
DHS 163.40(3)(3)Transfer of certificate ownership.
DHS 163.40(3)(a)(a) Requirement to transfer. When a person obtains both equitable title and legal possession of a registered lead-free property or registered lead-safe property, any certificate issued to the previous property owner is no longer in effect unless transferred under par. (b).
DHS 163.40(3)(b)(b) Written notice to transfer.
DHS 163.40(3)(b)1.1. To request a transfer of ownership and an amended certificate, one of the new property owners shall submit a signed and dated written notice of the change in ownership of the property to the department within 60 days after the date on which the new property owner obtains both equitable title and legal possession of a registered lead-free property or registered lead-safe property. In the written notice, the property owner who provides the notice shall provide the names and mailing addresses of the property owners or the name and mailing address of the authorized representative of the property owners.
DHS 163.40(3)(b)2.2. The property owner shall submit the appropriate fee for an amended certificate under s. DHS 163.41 (2) (f) or 163.42 (2).
DHS 163.40(3)(c)(c) Amended certificate. After receiving a written notice and fee under par. (b), the department shall issue an amended certificate that reflects the change in the ownership of the property.
DHS 163.40(3)(d)(d) Maintaining a certificate of lead-safe status. The new owners shall comply with the conditions for maintaining the certificate under s. DHS 163.42 until the certificate expires or is terminated or revoked.
DHS 163.40 NoteNote: Along with the amended certificate, the department will send the new owners information about the conditions for maintaining the certificate.