ATCP 73.06(1)(a)3. 3. To determine compliance with previously written violation orders.

ATCP 73.06(1)(a)4. 4. To secure samples or specimens.

ATCP 73.06(1)(a)5. 5. To examine and copy relevant documents and records provided such information is related to the operation of the bed and breakfast establishment.

ATCP 73.06(1)(a)6. 6. To obtain photographic or other evidence needed to enforce this chapter.

ATCP 73.06(1)(b) (b) Reinspections.

ATCP 73.06(1)(b)1. 1. The department or its agent may reinspect a bed and breakfast establishment whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the bed and breakfast establishment.

ATCP 73.06(1)(b)2. 2. A reinspection shall be scheduled to allow the owner a reasonably sufficient time to correct the deficiencies.

ATCP 73.06(1)(b)3. 3. A reinspection fee shall be charged for the reinspection according to Table ATCP 73.05 A or B, or applicable charges as determined by an agent of the department.

ATCP 73.06(1)(b)4. 4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the owner an additional fee as specified in Table ATCP 73.05 A or B as authorized under s. ATCP 73.05 (2) (d), and the department may order the owner to show just cause why the license should not be suspended or revoked under s. ATCP 73.07.

ATCP 73.06(2) (2) General orders to correct violations.

ATCP 73.06(2)(a) (a) If upon inspection of a bed and breakfast establishment, the department or agent finds that the bed and breakfast establishment is not designed, constructed, equipped, or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.

ATCP 73.06(2)(b) (b) If the order to correct violations is not carried out by the expiration of the time period stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under s. ATCP 73.07 to suspend or revoke the license to operate the bed and breakfast establishment.

ATCP 73.06(2)(c) (c) Under s. 97.12 (5), Stats., any person who fails to comply with an order of the department shall forfeit $50 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under s. ATCP 73.08.

ATCP 73.06(3) (3) Temporary orders.

ATCP 73.06(3)(a) (a) As provided in s. 97.65, Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:

ATCP 73.06(3)(a)1. 1. Prohibit the continued operation or method of operation of specific equipment.

ATCP 73.06(3)(a)2. 2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.

ATCP 73.06(3)(b) (b)

ATCP 73.06(3)(b)1. 1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in par. (c), the temporary order shall remain in effect for 14 days from the date of delivery, but a temporary order may be reissued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.

ATCP 73.06(3)(b)2. 2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation, or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.

ATCP 73.06(3)(c) (c) If the analysis or examination shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under s. ATCP 73.08. The notice shall include a statement that the facility has a right to request a hearing under s. ATCP 73.08 within 15 days after issuance of the notice.

ATCP 73.06(3)(d) (d) Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, under s. 97.65 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture under s. ATCP 73.08.

ATCP 73.06 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.06 Register June 2016 No. 726; correction in (1) (a) (intro.), (b) 3., 4., (2) (b), (c), (3) (a) (intro.), (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (3) (b) 1. made under s. 35.17, Stats., Register June 2016 No. 726; CR 18-019: am. (1) (b) 4., (2) (b) Register January 2020 No. 769, eff. 2-1-20.

ATCP 73.07 ATCP 73.07 Suspension or revocation of license. The department may, after a hearing under s. ATCP 73.08, suspend or revoke a license for violation of ss. 97.603 to 97.65, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under s. ATCP 73.08 (1).

ATCP 73.07 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.07 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. Register January 2020 No. 769, eff. 2-1-20.

ATCP 73.08 ATCP 73.08 Appeals of actions by the department.

ATCP 73.08(1) (1) 

ATCP 73.08(1)(a) (a) Except as provided in sub. (2) or (3), a request for a hearing for denial of a license, a voided license, suspension, revocation, forfeiture, or an order given under s. ATCP 73.06 (1) (b) 4. or (2) shall be submitted in writing to the department of administration’s division of hearings and appeals within 15 days after receipt of the notice of the department’s action.

ATCP 73.08(1)(b) (b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.