DHS 157.91(1)(c)1. 1. Cease and abate the violation and take action as necessary to comply with ss. 254.31 to 254.45, Stats., or this chapter, before the time specified in the order.

DHS 157.91(1)(c)2. 2. Send to the department a written plan of correction for each violation, within 10 days after receipt of the notice of violation and order, that describes the action taken to comply with the order and the date within which the violation was corrected.

DHS 157.91(1)(d) (d) The department shall, within a reasonable period after receipt of the plan of correction, inspect the source of radiation to ensure that the violation that is the subject of an order under this subsection is in compliance with ss. 254.31 to 254.45, Stats., and this chapter.

DHS 157.91(1)(e) (e) The department may extend the period specified in par. (c) 2., for submission by the person in control of a plan of correction.

DHS 157.91 Note Note: A plan of correction should be sent to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St., Room 150, Madison, WI 53702-0007.

DHS 157.91(2) (2) Petition for review.

DHS 157.91(2)(a) (a) A person to whom an order is issued under sub. (1) may petition the department for review of the order by submitting within 10 days after receipt of the department’s order, to the administrator of the division of public health, a written petition for review. A petition for review shall include all of the following:

DHS 157.91(2)(a)1. 1. Name and address of the person filing the petition.

DHS 157.91(2)(a)2. 2. License number.

DHS 157.91(2)(a)3. 3. Reason for requesting the review.

DHS 157.91(2)(a)4. 4. Alternative solution.

DHS 157.91(2)(a)5. 5. Relief sought.

DHS 157.91(2)(a)6. 6. A copy of the notice of violation and order subject to review.

DHS 157.91(2)(a)7. 7. Written documentation in support of the petition for review.

DHS 157.91 Note Note: A petition for review should be sent to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St, Room 150, Madison, WI 53702-0007.

DHS 157.91(2)(b) (b) Failure to petition the department for review as required under par. (a) may result in a denial of the review.

DHS 157.91(3) (3) Emergency orders.

DHS 157.91(3)(a) (a) If the department finds that an emergency exists concerning a matter subject to regulation under ss. 254.31 to 254.45, Stats., or this chapter, that requires immediate action to protect the public health or safety, the department may issue an emergency order without hearing or notice. The order shall recite the existence of the emergency and state such action the department deems necessary to mitigate the emergency.

DHS 157.91(3)(b) (b) An emergency order shall be issued within 24 hours of finding the emergency and shall be effective upon issuance. An emergency order shall remain in effect for up to 90 days after issuance, unless revoked or modified by the results of a hearing held under sub. (4). Any person to whom an emergency order is issued shall immediately comply with the order.

DHS 157.91(3)(c) (c) A person to whom an emergency order is issued may contest the action by filing with the division of hearings and appeals, within 10 days after receipt of the emergency order, a written request for hearing under sub. (4).

DHS 157.91(4) (4) Hearing.

DHS 157.91(4)(a) (a) Any person against whom the department takes an action under sub. (3) or s. DHS 157.90 (2), may contest the action by sending to the division of hearings and appeals, within 10 days after receipt of the action, a written request for hearing under s. 227.44, Stats. The hearing request shall contain all of the following:

DHS 157.91(4)(a)1. 1. Name and address of the person filing the request.

DHS 157.91(4)(a)2. 2. The license number.

DHS 157.91(4)(a)3. 3. Reason for the hearing request.

DHS 157.91(4)(a)4. 4. Relief sought.

DHS 157.91(4)(a)5. 5. A copy of any notice issued by the department that is the subject of the action.

DHS 157.91(4)(b) (b) Materials mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date the materials are received by the division. Materials transmitted by facsimile shall be considered filed on the date the materials are received by the division as recorded on the division facsimile machine.

DHS 157.91 Note Note: The mailing address of the Division of Hearings and Appeals is: 5005 University Avenue, Suite 201, Madison, WI 53705-5400. The facsimile transmission number is 608-267-2744.