ATCP 72.06(3)(b) (b)

ATCP 72.06(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 72.06(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 72.06(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 97.08. The notice shall include a statement that the facility has a right to request a hearing under s. ATCP 97.08 within 15 days after issuance of the notice.

ATCP 72.06(3)(d) (d) 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.

ATCP 72.06 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.06 Register June 2016 No. 726; correction in (1) (a) (intro.), 2., (b) 3., 4., (2) (b), (c), (3) (a), (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 72.07 ATCP 72.07 Suspension or revocation of licenses. The department may, after a hearing under s. ATCP 72.08, suspend or revoke a license for violation of subch. III of ch. 97, 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 72.08 (1).

ATCP 72.07 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; renum. from DHS 195.07 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 72.08 ATCP 72.08 Appeals of actions by the department.

ATCP 72.08(1) (1) 

ATCP 72.08(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 72.06 (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 72.08(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.

ATCP 72.08(1)(c) (c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.

ATCP 72.08(1)(d) (d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division’s facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.

ATCP 72.08 Note Note: Effective 7-1-16, pursuant to 2015 Wis. Act 55 and s. 227.43 (1m), Stats., a request for hearing shall be submitted to the DATCP Secretary via e-mail 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.

ATCP 72.08(1)(e) (e) As a condition for requesting a hearing under this subsection to appeal the voiding of a license, an applicant or operator shall comply with sub. (3). In an appeal concerning voiding a license, the burden is on the applicant or operator to show that the entire applicable fees, late fees and processing charges have been paid.

ATCP 72.08(2) (2) A request for hearing on a temporary order given by the department under s. ATCP 72.06 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the operator agree to a later date, the immediate danger to health is removed, the order is not contested or the operator and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s. 227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:

ATCP 72.08(2)(a) (a) Changes to or replacement of equipment or construction.

ATCP 72.08(2)(b) (b) Changes in or cessations of any operation or method of operation of the equipment or premises.

ATCP 72.08 Note Note: A request for hearing, under sub. (2), shall be submitted to the DATCP Secretary via e-mail 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 72.08(3) (3) If the department voids a license under s. ATCP 72.04 (6), the operator shall submit, within 15 days after receipt of the notice of the department’s action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.

ATCP 72.08 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.08 Register June 2016 No. 726; correction in (1) (a), (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (1) (a), (e), (3) Register January 2020 No. 769, eff. 2-1-20; correction in (1) (a), (e) Register January 2020 No. 769.

ATCP 72.09 ATCP 72.09 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the agent shall create enforcement and appeal procedures under ss. 66.0417 and 97.615 (2) (g), Stats.

ATCP 72.09 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.09 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 72.10 ATCP 72.10 Water supply and waste disposal.

ATCP 72.10(1) (1) Service availability. The requirements covering water supply and sewage disposal facilities for all hotels, motels, and tourist rooming houses are based upon the availability of public utilities as well as the practicability of connection to public utilities.

ATCP 72.10(2) (2) Public utilities. If an approved public water supply and approved public sewerage facilities are available to the premises of a hotel, motel, or tourist rooming house, connection and use are required.

ATCP 72.10(3) (3) Private wells. A private well is permitted as a source of water when a public water facility is not available to the premises. The well shall be located on the premises and be constructed and the pump installed in accordance with ch. NR 812, rules of the department of natural resources governing well drilling and pump installation. Whenever safe water cannot be obtained consistently from a well constructed in apparent compliance with ch. NR 812, as evidenced by laboratory reports, the well shall be reconstructed or a new well constructed in accordance with ch. NR 812 except that if the reconstruction or new construction is determined to be impractical or is found to be ineffective, the use of the well shall be discontinued and water shall be transported on a temporary basis from a source and in a manner approved by the department.

ATCP 72.10(4) (4) Plumbing. All plumbing and fixtures shall meet the requirements contained in ch. SPS 382 and shall be maintained in good repair and in a sanitary condition.