ATCP 78.09(4)(a)1. 1. A description of the violation and code citation.

ATCP 78.09(4)(a)2. 2. The steps the operator will take to correct the violation.

ATCP 78.09(4)(a)3. 3. The date by which compliance will be achieved.

ATCP 78.09(4)(b) (b) Continued noncompliance. The department or its agent shall void the camp license pursuant to s. ATCP 78.07 (5) (b), if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.

ATCP 78.09 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (1) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register June 2023 No. 810.

ATCP 78.10 ATCP 78.10 Suspension or revocation of license. Pursuant to s. 97.12 (3) (b), Stats., the department may, by summary order and without prior notice or hearing, suspend a license issued under this chapter if the department finds that there has been a substantial failure to comply with the applicable requirements of this chapter and that the continuation of the violations constitutes a serious danger to public health. The order shall be in writing, have the force and effect of an order issued pursuant to s. 93.18, Stats., and is subject to right of hearing before the department, if requested within 10 days after date of service.

ATCP 78.10 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 78.11 ATCP 78.11 Appeals of actions by the department. If requested in writing within 10 days after date of the service of an order, a hearing shall be conducted as specified in ch. ATCP 1. Enforcement of the order shall not be stayed pending action on the hearing. A request for hearing does not automatically stay or modify a summary special order.

ATCP 78.11 Note Note: A request for hearing shall be submitted to the department’s secretary via email at [e-mail], faxed to [phone], mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. The hearing may be conducted by the department secretary or designee.

ATCP 78.11 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 78.12 ATCP 78.12 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the operator shall appeal an enforcement action to the agent health department.

ATCP 78.12 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

subch. IV of ch. ATCP 78 Subchapter IV — Standards for Recreational and Educational Camps

ATCP 78.13 ATCP 78.13 Qualifications of an authorized representative conducting inspections. An authorized representative of the department or its agent who inspects a camp or conducts a plan review for compliance with this chapter, shall meet the staffing qualification requirements set forth in s. ATCP 74.08.

ATCP 78.13 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 78.14 ATCP 78.14 Inspections.

ATCP 78.14(1) (1) Refused inspection; process. If a person denies access to the department or its agent, the department or its agent shall inform the person of all the following:

ATCP 78.14(1)(a) (a) Access. The license holder is required to allow access to the department or its agent as specified pursuant to s. 97.12, Stats.

ATCP 78.14(1)(b) (b) License conditions. Access is a condition of the acceptance and retention of a license to operate a camp as specified pursuant to s. ATCP 78.04 (3).

ATCP 78.14(1)(c) (c) Inspection warrant. If the camp license holder denies access to an authorized representative of the department or its agent, the department or its agent may apply for an inspection warrant to allow access as provided in law pursuant to s. 66.0119, Stats.

ATCP 78.14(2) (2) Reporting of refused access. If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub. (1), and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form.

ATCP 78.14(3) (3) Frequency of inspection. The department or its agent shall inspect a camp at least once during the licensing period, except as provided for pursuant to s. ATCP 78.15 or as approved in writing by the department.

ATCP 78.14(4) (4) Inspection documentation. The department or its agent shall document all of the following on an inspection report form:

ATCP 78.14(4)(a) (a) Facility information. Administrative information about the camp’s legal identity, street and mailing addresses, type of establishment and operation, inspection date, type of water supply and sewage disposal, status of the license, and personnel certificates that may be required at the camp.

ATCP 78.14(4)(b) (b) Violation documentation. The conditions or other violations from this chapter or applicable chapters shall be documented to include the required corrective action by the license holder. An accompanying narrative shall contain all of the following:

ATCP 78.14(4)(b)1. 1. A factual description of the violation observed, including location of the observed violation.

ATCP 78.14(4)(b)2. 2. Citation and a brief description of the statute, administrative rule, or local ordinance that was observed to be violated.

ATCP 78.14(4)(b)3. 3. A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule, statute, or local ordinance.

ATCP 78.14(4)(b)4. 4. Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria: