ATCP 92.21(1) (1) Certification required.

ATCP 92.21(1)(a) (a) No weights and measures service company may employ or direct an individual to do any of the following, with respect to a weighing or measuring device, unless the department has certified that individual in a category under sub. (4) that includes that device:

ATCP 92.21(1)(a)1. 1. Remove an official rejection tag or mark applied under s. ATCP 92.09 (2).

ATCP 92.21(1)(a)2. 2. Test, calibrate, service, or seal a weighing or measuring device.

ATCP 92.21(1)(a)3. 3. Verify that the weighing or measuring device is correct.

ATCP 92.21(1)(b) (b) No individual operating a weights and measures service company may engage in any of the activities under par. (a) unless that individual is certified under par. (a).

ATCP 92.21 Note Note: An individual operating a weights and measures service company must also be licensed under s. ATCP 92.20.

ATCP 92.21(2) (2) Application for certification. An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual certified under sub. (1). The applicant shall apply on a form provided by the department. An application shall include, for each individual to be certified, all the following:

ATCP 92.21(2)(a) (a) The individual’s full name (first, middle, and last) and birth date.

ATCP 92.21(2)(b) (b) Proof that the individual has met the examination requirement under sub. (3) (a), or is currently certified by another state as provided in sub. (3) (b).

ATCP 92.21 Note Note: You may obtain application forms at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

ATCP 92.21 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.21(3) (3) Examination required.

ATCP 92.21(3)(a) (a) The department may not certify an individual under sub. (1) in any category under sub. (4) unless one of the following applies:

ATCP 92.21(3)(a)1. 1. The individual has passed the central weights and measures association registered service persons examination, or another examination approved by the department, in that category.

ATCP 92.21(3)(a)2. 2. The individual is currently certified in an equivalent category in another state, and has passed an examination under subd. 1. within 5 years prior to the date on which the department receives the certification application under sub. (2).

ATCP 92.21(3)(b) (b) An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual take an examination required under par. (a). The applicant shall apply to the department, on a form provided by the department. The application shall include, for each individual, all the following:

ATCP 92.21(3)(b)1. 1. The individual’s full name (first, middle, and last) and birth date.

ATCP 92.21(3)(b)2. 2. An address and telephone number at which the applicant may be contacted to schedule the examination.

ATCP 92.21(3)(b)3. 3. A $30 examination fee. A single fee entitles an individual to take examinations in one or more certification categories on the same day.

ATCP 92.21 Note Note: You may obtain exam application forms by writing to:

ATCP 92.21 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.21(3)(c) (c) Whenever the department receives a complete application under par. (b), the department or its agent shall schedule an examination date with the applicant. The examination date shall be not later than 60 days after the date on which the department receives the complete application, unless the applicant agrees to a later date.

ATCP 92.21(4) (4) Certification category. The department may certify an individual in one or more of the device categories for which the central weights and measures association provides examinations.

ATCP 92.21 Note Note: Currently, the Central Weights and Measures Association provides examinations in the following device categories: HB44 general code, retail computing scales, medium capacity scales, livestock scales, vehicle scales, railroad track scales, belt conveyor scales, retail motor fuel dispensers, vehicle tank meters, LPG meters, loading rack meters, and agricultural chemical and mass flow meters.

ATCP 92.21(5) (5) Action on certification. The department shall grant or deny an application under sub. (2) within 45 days after the examination date under sub. (3) (c) except that, if no examination is required under sub. (3), the department shall grant or deny an application under sub. (2) within 45 days after the department receives a complete application.

ATCP 92.21(6) (6) Certification expires. A certification under sub. (1) expires 5 years after the department issues that certification.

ATCP 92.21(7) (7) Denying, suspending, or revoking a certification. The department may deny, suspend, or revoke a certification under sub. (1) for cause, pursuant to s. 93.06 (7), Stats., and ch. ATCP 1. Cause may include a violation of this chapter or ch. 98, Stats.

ATCP 92.21 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03, except (1) eff. 12-31-04; CR 09-105: am. (3) (b) 3. Register December 2010 No. 660, eff. 1-1-11.