DHS 163.32(5)(a)(a) Under the authority of s. 227.51 (3), Stats., the department may summarily suspend a certification when the department finds that this action is required to protect the health, safety or welfare of any person. A finding of a requirement for summary suspension may be based on but is not limited to one or more reasons under s. DHS 163.31 (6).

DHS 163.32(5)(b)(b) An order by a representative of the department to summarily suspend certification of a person and therefore stop a regulated activity may be a verbal or written order. Within 10 working days after the order takes effect, the department shall either permit the continuation of the regulated activity or initiate proceedings to revoke certification. Unless waived by the certified person, an informal hearing on the sole issue of whether certification shall remain suspended during revocation proceedings shall be conducted by a department designee within 20 working days after the date of suspension if the department has initiated revocation proceedings.

DHS 163.32(6)(6) Revocation. The department may revoke a certification, an accreditation or an approval issued under this chapter if the department provides written notice of revocation, the grounds for revocation and an explanation of the process under s. DHS 163.33 for appealing a revocation not less than 30 days before the date of the revocation, and the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period.

DHS 163.32 NoteNote: Pursuant to s. 254.30 (2) (b), Stats., any person who knowingly violates any provision of this chapter or an order issued under sub. (3) shall be subject to criminal penalty and shall be fined not less than $100 or more than $5,000 per day for each violation. The court may also place the person on probation under s. 973.09, Stats., for a period not to exceed 2 years.

DHS 163.32 HistoryHistory: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (intro.) and (3) (intro.), eff. 10-16-09; CR 09-085: am. (intro.) and (3) (intro.) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1) (a) to (c), (e), (f), (2), (3), (5) (b) Register June 2021 No. 786, eff. 7-1-21.

DHS 163.33(1)(1) Right to appeal. An action taken by the department under s. DHS 163.32 (1) to (6) is subject to administrative review under ch. 227, Stats.

DHS 163.33(2)(2) Appeals process. To request a hearing under ch. 227, Stats., the aggrieved person shall file, within 10 working days after the date of the department’s action, a written request for a hearing under s. 227.44, Stats. A hearing request is considered filed when the division of hearings and appeals receives the request. A request by facsimile is complete upon transmission. If the request is filed by facsimile transmission and such transmission is completed between 5 PM and midnight, one day shall be added to the prescribed period.

DHS 163.33 NoteNote: A hearing request should be addressed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707. Hearing requests may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, WI. Hearing requests may be faxed to 608-264-9885.

DHS 163.33(3)(3) Administrative hearing. The division of hearings and appeals shall hold an administrative hearing under s. 227.42, Stats., within 30 calendar days after receipt of the request for the administrative hearing, unless the aggrieved person consents to an extension of that time period. The division of hearings and appeals shall issue a decision no later than 45 calendar days after holding the hearing, unless both parties agree to a later date.

DHS 163.40(1)(1) Applicability. This subchapter applies to registered lead-free property and registered lead-safe property, the property owners and the employees and agents of property owners of registered lead-free property or registered lead-safe property, and persons performing lead-based paint activities on registered lead-safe property.

DHS 163.40(2)(b)(b) Registered lead-free property or registered lead-safe property. Only a dwelling, dwelling unit or premises with a valid certificate of lead-free status in effect may be claimed to be registered lead-free property and only a dwelling, dwelling unit or premises with a valid certificate of lead-safe status in effect may be claimed to be registered lead-safe property.

DHS 163.40(2)(c)(c) Sampling or testing.

DHS 163.40(2)(c)2.2. ‘Treating paint as lead-based paint for registered lead-free or lead-safe properties.’ For purposes of obtaining a certificate of lead-free status or a certificate of lead-safe status and for performing lead abatement or non-abatement lead-based paint activities on registered lead-safe property, untested paint shall be treated as lead-based paint.

DHS 163.40(2)(c)3.3. ‘Who may sample or test paint for a lead-free inspection or lead-safe investigation.’ To be included in a lead-free inspection or lead-safe investigation, sampling or testing of paint shall be conducted by an appropriately certified person who is:

DHS 163.40(2)(c)3.b.b. Not a company or associated with a company that is directly or beneficially owned, controlled or managed by the property owner, or by an immediate family member, agent or employee of the property owner.

DHS 163.40(2)(c)3.c.c. Not a person hired by or under contract with the property owner to manage or maintain the property owner’s real property as directed by the property owner.

DHS 163.40(2)(c)3.d.d. Not a person who has been authorized by the property owner to manage or maintain the property owner’s real property on the property owner’s behalf.

DHS 163.40(2)(c)3.e.e. Not a person who has a financial interest in the laboratory results of the sampling or testing or in the determination of whether the property meets the registered lead-free property standard or the registered lead-safe property standard.

DHS 163.40(2)(c)5.5. ‘Conducting sampling or testing.’ If sampling or testing of paint is conducted on registered lead-free property or registered lead-safe property, the certified individual shall use documented methodologies that incorporate adequate quality control procedures to do one of the following:

DHS 163.40(2)(c)5.a.a. Using the procedures under s. DHS 163.14 (8), test the paint with an XRF and, if the XRF reading is more than 1 milligram lead per square centimeter, determine that lead-based paint is present. If the reading is less than or equal to 1 milligram lead per square centimeter, determine that lead-based paint is not present. When a reading is in the inconclusive range for the XRF used, treat the paint as lead-based paint unless a paint chip sample taken under subd. 5. b. results in a determination that lead-based paint is not present.

DHS 163.40(2)(c)5.b.b. Collect a paint chip sample; have the paint chip sample analyzed by a recognized laboratory to determine detectable levels of lead that can be quantified numerically; and determine that lead-based paint is present if the laboratory result for the paint chip sample is more than 0.5% lead by weight. If the laboratory result for the paint chip sample is equal to or less than 0.5% lead by weight, determine that lead-based paint is not present.