ATCP 79.07(2)(b)2. 2. Under s. 97.12 (5), any person who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under s. ATCP 79.09.

ATCP 79.07(2)(c) (c) Requests for an extension to correct a violation.

ATCP 79.07(2)(c)1. 1. The department or its agent may extend the time to correct a violation based on a determination of the seriousness of the violation, the operator’s progress towards correcting the violation, and the operator’s previous history of compliance.

ATCP 79.07(2)(c)2. 2. To request an extension to correct a violation, the operator shall submit a written request to the department or agent before the time specified in the written order to correct the violation. The operator shall provide information that demonstrates to the department or its agent that corrective action has been initiated, but additional time is needed to fully correct the violation.

ATCP 79.07(3) (3) Temporary orders.

ATCP 79.07(3)(a) (a) Conditions for a temporary order. As provided in s. 97.65 (2) (a), Stats., whenever, as a result of an inspection under sub. (1), the department or its agent has reasonable cause to believe that an immediate danger to health or safety exists, the department or its agent may issue a temporary order without advance notice or hearing to do any of the following:

ATCP 79.07(3)(a)1. 1. Prohibit the continued operation or method of operation of specific equipment.

ATCP 79.07(3)(a)2. 2. Require that the premises or affected areas within the premises to cease operations and close until remedies are applied that eliminate the immediate danger to health or safety.

ATCP 79.07(3)(b) (b) Duration of a temporary order; actions prohibited.

ATCP 79.07(3)(b)1. 1. A temporary order shall take effect upon delivery of the order 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 its 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 79.07(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, unless as provided under par. (c), the department or its agent provides notice that an immediate danger to health or safety is present. 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 79.07(3)(c) (c) Notice of findings upon analysis or examination. If the analysis or examination under sub. (1), 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 79.09. The notice shall include a statement that the facility has a right to request a hearing under s. ATCP 79.09 within 15 days after issuance of the notice.

ATCP 79.07(3)(d) (d) Failure to comply with temporary order; forfeitures and penalties. Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, 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. A person may appeal a forfeiture under s. ATCP 79.09.

ATCP 79.07(4) (4) Action plans.

ATCP 79.07(4)(a) (a) When required by the department, its agent, or this chapter, the operator and the department or its agent shall develop, on a form provided by the department, an action plan for compliance. The action plan shall include all of the following:

ATCP 79.07(4)(a)1. 1. A description of the violation and code citation.

ATCP 79.07(4)(a)2. 2. The steps the operator will take to correct the violation.

ATCP 79.07(4)(a)3. 3. The date compliance will be achieved.

ATCP 79.07(4)(b) (b) The department or its agent shall void the campground license under s. ATCP 79.05 (5) (b), if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.

ATCP 79.07 History History: CR 15-001: cr. Register October 2015 No. 718, eff. 2-1-16; correction of numbering in (1) (a) made under s. 13.92 (4) (b) 1., Stats., Register October 2015 No. 718; renum. from DHS 178.07 Register June 2016 No. 726; correction in (1) (a) (intro.), 2., (b) 3., 4., (2) (b), (3) (intro.), (c), (d), (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (x) Register January 2020 No. 769, eff. 2-1-20; CR 18-019: am. (1) (b) 4., (2) (b) 1., (4) (b) Register January 2020 No. 769, eff. 2-1-20.

ATCP 79.08 ATCP 79.08 Suspension or revocation of license. The department may, after a hearing under s. ATCP 79.09, suspend or revoke a license for violation of s. 97.67, 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 79.09 (1).

ATCP 79.08 History History: CR 15-001: cr. Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.08 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 79.09 ATCP 79.09 Appeals of actions by the department.

ATCP 79.09(1) (1) 

ATCP 79.09(1)(a) (a) Except as provided in sub. (2) or (3), a request for a hearing to contest the denial of a license, a voided license, suspension, revocation, forfeiture, or the issuance of an order under s. ATCP 79.07 (2) shall be submitted in writing to, and be received by, the department of administration’s division of hearings and appeals within 15 calendar days after the date of the department’s action.

ATCP 79.09(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 79.09(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 79.09(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 79.09 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.