DHS 157.89(6)(a)(a) If after reviewing a request submitted under sub. (4), the department decides not to conduct an inspection, the department shall notify the worker or workers’ representative in writing of that determination.
DHS 157.89(6)(b)(b) A worker or workers’ representative may request a review of a decision under par. (a) by submitting a written request for review and statement of position to the department. The department shall send by certified mail to the licensee or registrant a copy of the statement of position received by the department under this paragraph.
DHS 157.89(6)(c)(c) The licensee or registrant may submit to the department a written response to a statement of position submitted under par. (b). The department shall send by certified mail to the worker or workers’ representative a copy of the response received by the department under this paragraph.
DHS 157.89(6)(d)(d) Upon the request of the worker or workers’ representative or the licensee or registrant, the department may hold an informal conference in which the worker or the workers’ representative and the licensee or registrant may orally present their views on the reason for the initial request for inspection. Disclosure of the identity of the worker or the workers’ representative may be made only following receipt of written authorization from the worker or the workers’ representative. After considering all written and oral views presented, the department shall affirm, modify or reverse the original determination and furnish the worker or the workers’ representative and the licensee or registrant a written notice of the decision and the reason for the decision.
DHS 157.89 NoteNote: Requests may be made in writing to: Department of Health Services, Radiation Protection Section, PO Box 2659, Madison WI 53701-2659.
DHS 157.89 HistoryHistory: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.
subch. XII of ch. DHS 157Subchapter XII — Enforcement
DHS 157.90DHS 157.90Violation and penalty criteria.
DHS 157.90(1)(1)severity levels.
DHS 157.90(1)(a)(a) Each violation of a condition of a license or registration or a requirement of ss. 254.31 to 254.45, Stats., or this chapter shall be classified as specified in pars. (b) to (f) after considering all of the following:
DHS 157.90(1)(a)1.1. The actual or potential injury to the environment or to occupational or public health.
DHS 157.90(1)(a)2.2. The actual or potential costs of the damage or injury to the environment or to occupational or public health caused by the violation.
DHS 157.90(1)(a)3.3. The potential danger to the environment or to occupational or public health.
DHS 157.90(1)(a)4.4. The willfulness of the violation.
DHS 157.90(1)(a)5.5. The compliance history of the licensee or registrant.
DHS 157.90(1)(b)(b) A violation may be classified at severity level one if any of the following exist:
DHS 157.90(1)(b)1.1. Actual damage or injury to occupational or public health or to the environment are caused by the violation.
DHS 157.90(1)(b)2.2. The violation is characterized by any of the following:
DHS 157.90(1)(b)2.a.a. Willful action.
DHS 157.90(1)(b)2.b.b. Multiple occurrence between inspections.
DHS 157.90(1)(b)2.c.c. Contribution to one or more additional violations.
DHS 157.90(1)(c)(c) A violation may be classified at severity level 2 if both of the following exist:
DHS 157.90(1)(c)1.1. The violation results in a circumstance that creates a significant potential for injury or costs to occupational or public health or to the environment.
DHS 157.90(1)(c)2.2. Any of the factors listed in par. (b) 2. are present.
DHS 157.90(1)(d)(d) A violation may be classified at severity level 3 if any of the following exist:
DHS 157.90(1)(d)1.1. The potential for danger to the environment or occupational or public health is significant.
DHS 157.90(1)(d)2.2. Any of the factors listed in par. (b) 2. b. and c. are present.
DHS 157.90(1)(e)(e) A violation may be classified at severity level 4 if both of the following exist:
DHS 157.90(1)(e)1.1. The violation threatens the environment or occupational or public health.