ATCP 76.07 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (3) (c) made under s. 35.17, Stats., Register June 2023 No. 810. ATCP 76.08ATCP 76.08 Suspension or revocation of license. The department or its agent may, by summary order and without prior notice or hearing, suspend a license issued under this chapter if the department or its agent finds that there has been a substantial failure to comply with the applicable requirements of this chapter and that the continuation of the violations constitutes a serious danger to public health. The order shall be in writing, have the force and effect of an order issued pursuant to s. 93.18, Stats., and is subject to right of hearing before the department or its agent, if requested within 10 days after date of service. ATCP 76.08 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction made under. s. 35.17, Stats., Register June 2023 No. 810. ATCP 76.09ATCP 76.09 Appeals of actions by the department. If requested in writing within 10 days after date of the service of an order, a hearing shall be conducted pursuant to ch. ATCP 1. Enforcement of the order shall not be stayed pending action on the hearing. A request for hearing does not automatically stay or modify a summary special order. ATCP 76.09 NoteNote: A request for hearing shall be submitted to the DATCP Secretary via email at datcpappeals@wisconsin.gov, faxed to (608) 224-5034, 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 76.09 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23. ATCP 76.10ATCP 76.10 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the operator shall appeal enforcement action to the agent health department. ATCP 76.10 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23. ATCP 76.105ATCP 76.105 Qualifications of an authorized representative conducting inspections. An authorized representative of the department or its agent who inspects a pool or conducts a plan review for compliance pursuant to ch. ATCP 76 shall meet the staffing qualification requirements pursuant to s. ATCP 74.08. ATCP 76.105 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23. ATCP 76.106(1)(1) Refused inspection; process. If a person denies access to the department or its agent to the licensed pool, the department or its agent shall inform the person of all the following: ATCP 76.106(1)(a)(a) Department access. The license holder is required to allow access to the department or its agent pursuant to s. 97.65 (1), Stats. ATCP 76.106(1)(c)(c) Denied access. If the pool license holder denies access to an authorized representative of the department or its agent, the department or its agent may apply for an inspection warrant to allow access pursuant to s. 66.0119, Stats. ATCP 76.106(2)(2) Reporting of refused access. If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub. (1), and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form. ATCP 76.106(3)(3) Frequency of inspection. The department or its agent shall inspect a pool at least once during the licensing period or as approved by the department. ATCP 76.106(4)(4) Inspection documentation. The department or its agent shall document all of the following on an inspection report form: ATCP 76.106(4)(a)(a) Establishment information. Administrative information about the pool’s legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required at the pool. ATCP 76.106(4)(b)(b) Inspection findings. The conditions or other violations from this chapter that require corrective action by the license holder. An accompanying narrative shall contain all of the following: ATCP 76.106(4)(b)1.1. A factual description of the violation observed, including location of the observed violation. ATCP 76.106(4)(b)2.2. Citation and a brief description of the statute, administrative rule, or local ordinance for the observed violation. ATCP 76.106(4)(b)3.3. A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule, statute, or local ordinance. ATCP 76.106(4)(b)4.4. Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria: ATCP 76.106(4)(b)4.a.a. The nature of the potential hazard involved and the complexity of the corrective action needed. The department or its agent may agree to or specify additional time, not to exceed 72 hours after the inspection, for the license holder to correct violations of a priority item. ATCP 76.106(4)(b)4.b.b. The license holder has a maximum time of 10 calendar days after the inspection for the license holder to correct violations of a priority foundation item. ATCP 76.106(4)(b)4.c.c. The license holder shall correct core items by a deadline agreed to or specified by the department or its agent, but no later than 90 calendar days after the inspection. The department or its agent may approve a written compliance schedule that extends beyond 90 calendar days, if the license holder submits a written schedule of compliance and no health hazard exists, or will result, from allowing an extended schedule for compliance. ATCP 76.106(5)(5) Issuing a report and obtaining acknowledgment of receipt. At the conclusion of the inspection, an authorized representative of the department or its agent shall sign the completed inspection report. The department or its agent shall then perform an exit interview and obtain a signature on the inspection report from the license holder’s designated person in charge. A copy of the inspection report shall be left with the person in charge at the completion of the inspection, emailed, or otherwise presented within 2 business days after completion of the inspection.