DHS 157.90(2)(b)(b) A forfeiture assessment may not be less than $100 nor more than $100,000 for each violation.

Table DHS 157.90B
Percentage of Base Amounts Based on Severity
Level of Violation

DHS 157.90(2)(c)(c) Each day of continued violation constitutes a separate offense.

DHS 157.90(2)(d)(d) The department shall send written notice of a forfeiture assessment to the person against whom the forfeiture is assessed. The notice shall specify all of the following:

DHS 157.90(2)(d)2.2. The violation and severity level of the violation on which the forfeiture is based.

DHS 157.90(2)(d)4.4. Notice that the person may contest the department’s assessment of a forfeiture by requesting a hearing before the division of hearings and appeals. The notice shall describe the appeal process under s. DHS 157.91 (4).

DHS 157.90(2)(e)(e) The department may, at any time, negotiate a settlement related to a violation.

DHS 157.90(3)(a)(a) A person against whom the department has assessed a forfeiture shall pay the forfeiture to the department within 10 days of the receipt of the notice under sub. (2) (d).

DHS 157.90(3)(b)(b) Except as provided in par. (c), if a person contests a forfeiture under s. DHS 157.91 (4), and the division of hearings and appeals upholds the forfeiture assessment, the person shall pay the forfeiture within 10 days after receipt of the final decision after exhaustion of administrative review.

DHS 157.90(3)(c)(c) If a person petitions for judicial review under ch. 227, Stats., and the court upholds the forfeiture assessment, the person shall pay the forfeiture within 10 days after receipt of the final judicial decision.

DHS 157.90 NoteNote: Send forfeiture payments to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St., Room 150, Madison, WI 53702-0007.

DHS 157.90(3)(d)(d) The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

DHS 157.90 HistoryHistory: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

DHS 157.91(1)(a)(a) If the department finds that a source of radiation as constructed, operated or maintained results in a violation of ss. 254.31 to 254.45, Stats., or of this chapter, the department shall notify in writing, the person in control that is causing, allowing or permitting the violation as to the nature of the violation. The notification shall do all of the following:

DHS 157.91(1)(a)1.1. Specify each statute, rule or condition of a license or registration alleged to have been violated and the severity level of each violation.

DHS 157.91(1)(a)2.2. Order, that prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with ch. 254, Stats., or this chapter.

DHS 157.91(1)(a)4.4. Give notice that an order issued under this paragraph is subject to review by the department.

DHS 157.91(1)(b)(b) If the department finds that a condition exists that constitutes an immediate threat, the department shall include in a notice of violation and order issued under par. (a), the recitation of the existence of the threat and the findings pertaining to the threat. The department may summarily cause the abatement of the violation.

DHS 157.91(1)(c)(c) Upon receipt of a notice of violation and order under this subsection the person in control shall do all of the following:

DHS 157.91(1)(c)1.1. Cease and abate the violation and take action as necessary to comply with ss. 254.31 to 254.45, Stats., or this chapter, before the time specified in the order.