DHS 163.30(1)(1) Departmental action. The department may initiate an action in the name of this state against any person to require compliance with this chapter or for failure or refusal to comply with any provision of this chapter. DHS 163.30(2)(2) Other agency action. Any other state agency in the course of the performance of its duties may determine that an individual, company or training provider has violated or is violating one or more requirements of this chapter. If that agency determines that there is a potential violation of this chapter, the agency may notify the department of that potential violation. The department may delegate all or part of its enforcement authority to any other state or federal agency through a memorandum of understanding. DHS 163.30(3)(a)(a) Whenever the department is advised or has reason to believe that any person is violating or has violated any provision of this chapter, the department may make an investigation to determine the facts. For purposes of this investigation, the department shall have authority to inspect the site where the violation is alleged to be occurring or to have occurred. DHS 163.30(3)(b)(b) An authorized representative of the department may enter a site where a regulated activity is being or has been conducted or a site that the authorized representative of the department has reason to believe may be involved with a regulated activity. An authorized representative of the department may also enter the site where a person regulated under this chapter conducts business. The representative may conduct tests, take samples, review work practices, review and copy records and perform other activities necessary to determine compliance with this chapter. No person who is required to establish or maintain records under this chapter may refuse to provide or copy records, or refuse to permit entry or access to an authorized representative of the department if that representative presents a valid identification issued to the representative by the department and if that representative is complying with par. (a). No person may obstruct, hamper or interfere with the actions of that representative under this paragraph. DHS 163.30(3)(c)(c) An authorized representative of the department may conduct an audit under s. DHS 163.22 (6) to ascertain whether an accredited training course continues to meet requirements for accreditation. DHS 163.30(3)(d)(d) An authorized representative of the department entering the site of an investigation under this subsection shall present identification and any authorization issued by the department and shall comply with applicable health and safety procedures established by law. DHS 163.30(4)(4) Referral to district attorney. The department may report any violation of this chapter or orders issued under this chapter to the district attorney of the county in which the dwelling is located. Pursuant to s. 254.30, Stats., the district attorney shall enforce this chapter or orders issued under this chapter upon receiving a report from the department or from the department’s designee under s. 254.152, Stats. DHS 163.30 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (1) and (2), eff. 10-16-09; CR 09-085: am. (1) and (2) Register March 2010 No. 651, eff. 4-1-10. DHS 163.31DHS 163.31 Reasons for enforcement actions. DHS 163.31(1)(1) Execution of a consent agreement. In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action may constitute, for purposes of this section, conclusive evidence of a failure to comply with relevant statutes or rules. DHS 163.31(2)(2) Reasons for accreditation enforcement actions. The department may take an action under s. DHS 163.32 against a person offering or conducting a training course that is required to be accredited under this chapter if the person has violated any provision of this chapter. Reasons for accreditation enforcement actions may include any of the following violations: DHS 163.31(2)(c)(c) The person misrepresented a training course or the contents of a training course to the department, EPA, another EPA-authorized state, an EPA-authorized tribe or the student population. DHS 163.31(2)(d)(d) The person made false or misleading statements to the department in its application for accreditation or reaccreditation. DHS 163.31(2)(e)(e) The person falsified accreditation records, instructor qualifications or other accreditation-related information or documentation. DHS 163.31(2)(f)(f) The person offered or conducted a course that failed to meet a requirement of this chapter. DHS 163.31(2)(g)(g) The person failed to comply with the accreditation standards and requirements under this chapter. DHS 163.31(2)(h)(h) The person falsified records or failed or refused to establish, maintain, provide, copy or permit access by an authorized representative of the department to records or reports. DHS 163.31(2)(i)(i) The person failed to submit required information or notices to the department in a timely manner. DHS 163.31(2)(j)(j) The person failed to comply with any other federal, state or local lead-based paint statute, ordinance, rule or regulation. DHS 163.31(2)(k)(k) The person failed or refused to permit a department representative entry to a training course without charge or hindrance to attend, evaluate or monitor the course. DHS 163.31(2)(L)(L) The person used an instructor to teach a course accredited under this chapter who was not qualified to teach at the time the course was offered. DHS 163.31(2)(m)(m) The person failed to respond to a letter of inquiry, notice of noncompliance, or written orders within the required time. DHS 163.31(2)(n)(n) The person continues to violate or resumes violation of a provision for which notice of noncompliance was previously issued. DHS 163.31(3)(3) Reasons for approval enforcement actions. The department may take an action under s. DHS 163.32 against a person required to be approved as a training manager, principal instructor or guest instructor under this chapter if the person has violated any provision of this chapter. The reason for an approval enforcement action may include any of the following violations: