SB285,12,9 (c) Any person who violates par. (a) shall be subject to the same penalty specified in s. 125.04 (13).

SB285,21 Section 21. 125.112 of the statutes is created to read:

SB285,12,13 125.112 Administrative forfeitures for violations. (1) (a) The department may directly assess against a person, for the person's violation as described in sub. (6), a forfeiture in the amount specified in sub. (6).

SB285,12,19 (b) The authority of the department to assess a forfeiture against a person under this section is in addition to the department's authority under s. 125.12 and any other authority or power of the department under this chapter or ch. 139 and in addition to any other penalty under this chapter, except that a person may not be both assessed a forfeiture under this section and subject to a court-imposed fine, forfeiture, or imprisonment under this chapter arising from the same violation.

SB285,12,25 (2) If the department determines that a forfeiture should be assessed for a violation identified in sub. (6), the department shall issue a notice of assessment to the person alleged to have committed the violation. The notice shall specify the amount of the forfeiture assessed and the alleged violation, including the statute alleged to have been violated, and shall inform the person of the right to hearing under sub. (3) (a).

SB285,13,13 (3) (a) A person upon whom a forfeiture is imposed may contest the assessment by sending, within 30 days after receipt of notice of the assessment, a written request for hearing under s. 227.44 to the division of hearings and appeals in the department of administration. The administrator of the division of hearings and appeals may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division of hearings and appeals shall be the final administrative decision. The division of hearings and appeals shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division of hearings and appeals are governed by ch. 227. In any petition for judicial review of a decision by the division of hearings and appeals, the party, other than the petitioner, who was in the proceeding before the division of hearings and appeals shall be the named respondent.

SB285,13,19 (b) In addition to or in lieu of requesting a hearing under par. (a), a person issued a notice of assessment under sub. (2) may settle the matter by agreeing to an offer in compromise with the department under which the person pays to the department a forfeiture of less than the amount stated in the notice of assessment but not less than the minimum applicable forfeiture amount specified in sub. (6) for the violation.

SB285,13,25 (4) All forfeitures shall be paid to the department within 60 days after receipt of the notice of assessment or according to a schedule agreed to by the department and the person issued the notice of assessment or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of all administrative and judicial reviews. The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund.

SB285,14,4 (5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action is whether the forfeiture amount has been paid.

SB285,14,6 (6) (a) The department may assess forfeitures under this section for the following violations in the following amounts:

SB285,14,10 1. For a violation of s. 125.07 (2) (a) or (3) (a) or (b) or 125.65 or a rule promulgated under s. 125.03 (1) (a) or (2), not more than $100 for a first violation, not less than $100 nor more than $250 for a 2nd violation, and not less than $250 nor more than $500 for a 3rd or subsequent violation.

SB285,14,17 2. For a violation of s. 125.04 (3) (j) or (10), 125.06 (13) (a), 125.09 (3), (6), (7), or (8), 125.27 (2) (e), 125.272, 125.28 (1) (d), 125.32 (3), (5), (6), or (7), 125.33 (1), (5), (6), (7) (a), (7m), (8), (11) (a), (12), or (13), 125.34 (2), (3), (4), (5), or (6), 125.51 (4) (am), (5) (c) 4., (6), or (7), 125.535 (4), (5), or (6), 125.54 (3), (5), or (8), 125.68 (4), (10) (a), or (11) (b), or 125.69 (3), (4) (a), or (5), not more than $250 for a first violation, not less than $250 nor more than $500 for a 2nd violation, and not less than $500 nor more than $1,000 for a 3rd or subsequent violation.

SB285,14,22 3. For a violation of s. 125.04 (1), 125.09 (1) or (9), 125.105 (1), 125.28 (5), 125.315 (1), 125.32 (2), 125.33 (9), 125.54 (7) (a) or (b), 125.545 (4) or (7), 125.66 (1), 125.67, or 125.68 (2), not more than $1,000 for a first violation, not less than $1,000 nor more than $2,500 for a 2nd violation, and not less than $2,500 nor more than $10,000 for a 3rd or subsequent violation.

SB285,14,24 4. For a violation of s. 125.07 (1) (a), an amount consistent with the forfeitures or fines provided under s. 125.07 (1) (b).

SB285,15,2 5. For a violation of s. 125.07 (4) (a), an amount consistent with the forfeitures provided under s. 125.07 (4) (bs).

SB285,15,4 6. For a violation of s. 125.07 (4) (b), an amount consistent with the forfeitures provided under s. 125.07 (4) (c).

SB285,15,6 7. For a violation of s. 125.085 (3) (a) 1., an amount consistent with the fines provided under s. 125.085 (3) (a).

SB285,15,8 8. For a violation of s. 125.085 (3) (b), an amount consistent with the forfeitures provided under s. 125.085 (3) (bd).

SB285,15,10 9. For a violation of s. 125.09 (2), an amount consistent with the forfeitures provided under s. 125.09 (2) (d).

SB285,15,12 10. For a violation of s. 125.66 (4), an amount consistent with the fines provided under s. 125.66 (4).

SB285,15,14 11. For a violation of s. 125.68 (8), an amount consistent with the fines provided under s. 125.68 (8) (a).

SB285,15,16 12. For a violation of s. 125.68 (9), an amount consistent with the fines provided under s. 125.68 (9) (g).

SB285,15,18 13. For a violation of s. 125.68 (10) (b), an amount consistent with the forfeiture provided under s. 125.68 (10) (b).

SB285,15,20 14. For a violation of s. 125.69 (6), an amount consistent with the forfeitures or fines provided under s. 125.69 (6).

SB285,15,23 (b) For purposes of par. (a), a violation is considered to be a separate violation if the act or omission giving rise to it did not arise out of the same incident or occurrence.

SB285,22 Section 22. 125.12 (7) of the statutes is created to read:

SB285,16,5 125.12 (7) Reapplication for permit after revocation or refusal to issue or renew. If the department refuses to issue, refuses to renew, or revokes any permit issued under this chapter, the applicant or permit holder may not reapply for the permit for a period of 12 months after the date of the refusal to issue, refusal to renew, or revocation.

SB285,23 Section 23. 134.65 (1g) of the statutes is created to read:

SB285,16,9 134.65 (1g) (a) The department of revenue shall create an application form for licenses issued under sub. (1). The form shall require all of the following information from an applicant: