SPS 221.07 HistoryHistory: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; correction under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.08SPS 221.08Appeals of actions by the department.
SPS 221.08(1)(1)
SPS 221.08(1)(a)(a) Except as specified under sub. (2) or (3), a request for a hearing to contest denial of a license, a voided license, suspension, revocation, forfeiture, or order given under s. SPS 221.06 (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.
SPS 221.08(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.
SPS 221.08(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.
SPS 221.08(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.
SPS 221.08 NoteNote: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
SPS 221.08(2)(2)As a condition for requesting a hearing to appeal the voiding of a license, a license applicant or operator, or practitioner, as applicable, shall comply with sub. (4). In an appeal concerning voiding a license, the burden is on the applicant or owner to show that the entire applicable fees and processing charges have been paid.
SPS 221.08(3)(3)A request for hearing on a temporary order given by the department under s. SPS 221.06 (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 appellant agree to a later date, the immediate danger to health is removed, the order is not contested or the appellant 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:
SPS 221.08(3)(a)(a) Changes to or replacement of equipment or construction.
SPS 221.08(3)(b)(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
SPS 221.08(4)(4)If the department voids a license under s. SPS 221.04 (5), for failure to pay fees, the licensee 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.
SPS 221.08 HistoryHistory: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction in (1) (a), (3) (intro.), (4) under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.09SPS 221.09Appeals of actions by agent health departments. If an agent issues licenses directly under s. 463.16, Stats., the agent shall create enforcement and appeal procedures in accordance with s. 66.0417, Stats., which shall supersede enforcement and appeal procedures under s. SPS 221.08 (2) and (4).
SPS 221.09 HistoryHistory: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.10SPS 221.10Patrons.
SPS 221.10(1)(1)Limitations.
SPS 221.10(1)(a)(a) Consent. A tattooist or body piercer may not tattoo or body pierce a patron without first obtaining the signed, informed consent of the person on a form approved by the department.
SPS 221.10(1)(b)(b) Minors.
SPS 221.10(1)(b)1.1. No person under 16 years of age may be body pierced.
SPS 221.10(1)(b)2.2. No person age 16 or 17 may be body pierced unless an informed consent form has been signed by his or her parent or legal guardian in the presence of the operator.
SPS 221.10(1)(b)3.3. No person under 18 years of age may be tattooed except by a physician in the course of the physician’s professional practice, as permitted under s. 948.70 (3), Stats.
SPS 221.10(1)(b)4.4. A body-piercing establishment shall post a notice in a conspicuous place in the establishment stating that it is illegal to body pierce a person under the age of 18 without the signed, informed consent of that person’s parent or legal guardian.
SPS 221.10(1)(b)5.5. A tattoo establishment shall post a sign in a conspicuous place in the establishment stating that no person under the age of 18 may be tattooed.
SPS 221.10(1)(c)(c) Barriers to procedure. A tattooist or body piercer may not tattoo or body pierce any of the following:
SPS 221.10(1)(c)1.1. A person who appears to be under the influence of alcohol or a mind-altering drug.
SPS 221.10(1)(c)2.2. A person who has evident skin lesions or skin infections in the area of the procedure.
SPS 221.10(2)(2)Record. Every tattooist and body piercer shall keep a record of each patron. A patron’s record shall include the patron’s name, address, age and consent form, the name of the practitioner doing the procedure and any adverse effects arising from the procedure. A patron’s record shall be retained for a minimum of 2 years following completion of the procedure.