AB312: Bill Text

AB312,7,2 a. The applicant has completed a course of study in mold assessment that is approved by the department.

AB312,7,4 b. The applicant has satisfied a qualification other than as specified under subd. 3. a., as determined by the department.

AB312,7,6 4. Submits evidence satisfactory to the department that all of the following apply:

AB312,7,7 a. The applicant has passed an examination that the department develops.

AB312,7,9 b. The applicant has insurance coverage for workers compensation, liability, and property damage, in types and amounts required by the department.

AB312,7,11 c. The applicant demonstrates financial responsibility, including an acceptable credit history and limits of bondability and credit, as determined by the department.

AB312,7,14 d. The applicant complies with the educational and fitness requirements for performance of mold assessment promulgated as rules by the department under sub. (2) (a) 2.

AB312,7,20 (b) Mold remediator. An applicant for licensure as a mold remediator shall be at least 18 years of age and be a U. S. citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Subject to sub. (11) (a) and (d), the department shall issue a biennial license, other than a license renewal, as a mold remediator to an applicant who does all of the following:

AB312,7,22 1. Submits an application for the license to the department on a form provided by the department.

AB312,7,23 2. Pays a fee of $53.

AB312,7,25 3. Submits evidence satisfactory to the department that all of the following apply:

AB312,8,2 a. The applicant has completed a course of study in mold remediation that is approved by the department.

AB312,8,4 b. The applicant has passed successful completion of an examination that the department develops.

AB312,8,6 c. The applicant has insurance coverage for worker's compensation, liability, and property damage, in types and amounts required by the department.

AB312,8,8 d. The applicant demonstrates financial responsibility, including an acceptable credit history and limits of bondability and credit, as determined by the department.

AB312,8,11 e. The applicant complies with the educational and fitness requirements for performance of mold remediation promulgated as rules by the department under sub. (2) (a) 2.

AB312,8,16 (5) License amendment, renewal, and expiration. (a) A licensed mold assessor or mold remediator shall file an amendment to his or her licensure within 20 days after any change occurs in the information required under sub. (4) (a) or (b), as applicable. The department may not require a fee for the filing of a license amendment under this paragraph.

AB312,8,24 (b) 1. The department shall give a notice of renewal to each holder of a license under this section at least 30 days prior to the renewal date of the license. Notice may be mailed to the last address provided to the department by the licensee or may be given by electronic transmission. Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against the holder or in any proceeding against the holder for practicing without a license. Failure to receive a notice of renewal does not relieve the holder from the obligation to pay a penalty for late renewal under subd. 5.

AB312,9,4 2. An application for renewal of a mold assessor license or a mold remediator license shall be submitted to the department on a form provided by the department on or before January 1 of each even-numbered year and shall include a renewal fee of $53.

AB312,9,9 3. Except as provided in subd. 4., the department may not renew a mold assessor or mold remediator license unless the applicant certifies that he or she has completed, during the preceding 2-year licensure period, at least 24 hours of continuing education programs or courses that meet standards promulgated as rules by the department under sub. (2) (a) 3.

AB312,9,11 4. Subdivision 3. does not apply to an applicant who applies to renew a license that expires on the first expiration date after initial issuance of the license.

AB312,9,16 5. If the department does not receive an application to renew a mold assessor or mold remediator license before the renewal date specified in subd. 2., the applicant for renewal may restore the license by complying with the requirements of this paragraph within 30 days after the renewal date specified in subd. 1. and paying a late renewal fee of $100.

AB312,9,18 (c) A mold assessor license or a mold remediator license that is not timely renewed under par. (b) is expired.

AB312,9,21 (6) Requirements for performance of mold assessment or mold remediation. (a) A holder of a mold assessor license shall, in the performance of mold assessment, do all of the following:

AB312,9,25 1. Affix his or her signature and mold assessor license number to each document that is prepared or approved for use by the holder of the mold assessor license in connection with a mold assessment project and to each offer, bid, or contract submitted to a mold assessment client or potential client.

AB312,10,3 2. Except during a grace period as provided in rules promulgated by the department, ensure that his or her mold assessor license number is included in any marketing or advertising medium for his or her mold assessment services.

AB312,10,6 3. If performing mold assessment services for compensation, provide to each person for whom the services are performed a written report that satisfies requirements promulgated by the department by rule.

AB312,10,8 (b) A holder of a mold assessor license may not be required to provide an estimate related to the cost of repair of an assessed property.

AB312,10,10 (c) A holder of a mold remediator license shall, in the performance of mold remediation, do all of the following:

AB312,10,14 1. Affix his or her signature and mold remediator license number to each document that is prepared or approved for use by the holder of the mold remediator license in connection with a mold remediation project and to each offer, bid, or contract submitted to a mold remediation client or potential client.

AB312,10,17 2. Except during a grace period as provided in rules promulgated by the department, ensure that his or her mold remediator license number is included in any marketing or advertising medium for his or her mold remediation services.

AB312,10,19 3. Provide a written report of any mold remediation performed to each person for which he or she performs mold remediation.

AB312,10,20 (7) Inapplicability. This section does not apply to any of the following:

AB312,10,21 (a) Routine cleaning that is not conducted for purposes of mold remediation.

AB312,11,2 (b) Mold assessment or mold remediation activities performed by an owner of residential property on his or her residence or by maintenance staff for a property who are operating at the direction of the property owner or of the board of directors of a corporation that controls the property. In this paragraph, "maintenance staff" are permanent full-time or part-time staff who were not hired specifically for the treatment of mold.

AB312,11,4 (c) Mold remediation activities performed by a tenant on rental property that is the tenant's residence.

AB312,11,7 (8) Annual report. Beginning January 1, 2011, and annually by January 1 thereafter, the department shall provide to the legislature under s. 13.172 (3) and to the governor a report that specifies all of the following:

AB312,11,9 (a) The number of individuals currently licensed by the department under this section.

AB312,11,12 (b) Measures taken by the department to disseminate information about holders of licenses as mold assessors or mold remediators so as to better protect the public.

AB312,11,15 (c) Any mold assessment and mold remediation education and research conducted in the previous year and any proposed to be conducted by the department in the ensuing fiscal year.

AB312,11,17 (9) Prohibited acts. (a) No licensed mold assessor or employer or contractor of a mold assessor may do any of the following:

AB312,11,19 1. Perform or offer to perform a mold assessment that is not in compliance with the requirements of this section or of rules promulgated under this section.

AB312,11,23 2. Perform or offer to perform mold remediation to a structure on which the licensed mold assessor or employer or contractor of the mold assessor provided a mold assessment within the previous 12 months, unless the projected mold remediation costs are less than $5,000.

AB312,12,3 3. Inspect for a fee any property in which the licensed mold assessor or any entity that employs the licensed mold assessor, or with which the licensed mold assessor contracts has a financial interest.

AB312,12,7 4. Accept any compensation, inducement, or reward from a licensed mold remediator or any entity that employs a licensed mold remediator or with which a licensed mold remediator contracts, for the referral of any business to the mold remediator or the entity.

AB312,12,11 5. Offer any compensation, inducement, or reward to a licensed mold remediator or any entity that employs a licensed mold remediator or with which a licensed mold remediator contracts, for the referral of any business from the mold remediator or the entity.

AB312,12,14 6. Accept an engagement to conduct a mold assessment under which the mold assessment itself, or the fee payable for the mold assessment, is contingent upon the conclusions of the mold assessment.

AB312,12,16 (b) No licensed mold remediator or employer or contractor of a mold remediator may do any of the following:

AB312,12,18 1. Perform or offer to perform mold remediation that is not in compliance with this section or with rules promulgated under this section.

AB312,12,22 2. Perform or offer to perform mold assessment to a structure on which the licensed mold remediator or employer or contractor of the mold remediator provided mold remediation within the previous 12 months, unless the projected mold assessment costs are less than $1,000.

AB312,12,25 3. Perform mold remediation for a fee on a property in which the licensed mold remediator or the entity that employs the licensed mold remediator or with which the licensed mold remediator contracts has a financial interest.

AB312,13,4 4. Accept any compensation, inducement, or reward from a licensed mold assessor or an entity that employs a licensed mold assessor or with which a licensed mold assessor contracts, for the referral of any business from the mold assessor or the entity.

AB312,13,7 5. Offer any compensation, inducement, or reward to a licensed mold assessor or an entity that employs a licensed mold assessor with which a licensed mold assessor contracts, for the referral of any business to the mold assessor or the entity.

AB312,13,10 6. Perform mold remediation without having reviewed a written report that is issued by a licensed mold assessor for the property for which mold remediation is intended to be performed.

AB312,13,13 (c) 1. No person, as specified in sub. (5) (c), whose license as a mold assessor has expired may perform a mold assessment activity that requires licensure under this section.

AB312,13,16 2. No person, as specified in sub. (5) (c), whose license as a mold remediator has expired may perform a mold remediation activity that requires licensure under this section.

AB312,13,18 (10) Investigations. (a) The department shall conduct an investigation of a person or circumstance if any of the following applies:

AB312,13,19 1. The department receives a complaint related to any of the following:

AB312,13,20 a. The manner in which a mold assessment or mold remediation was conducted.

AB312,13,21 b. The licensure of a mold assessor or mold remediator.

AB312,13,24 (b) A person who is the subject of an investigation under this subsection shall cooperate in the investigation, including providing assistance or relevant information requested.

AB312,14,3 (11) Discipline. (a) The department may limit, suspend, revoke, or refuse to issue or renew a license issued under this section if it finds that the applicant or licensee has done any of the following:

AB312,14,6 1. Made any false statement or given any false information in connection with an application for a license or for renewal or reinstatement of a license or received a license through error.

AB312,14,9 2. Violated this section, rules promulgated under this section, or a federal statute or regulation that relates to the practice of mold assessment or mold remediation, as applicable.

AB312,14,11 3. In connection with the performance of or otherwise relating to mold assessment or mold remediation, done any of the following:

AB312,14,12 a. Engaged in fraud, omission of a material fact, or negligence.

AB312,14,14 b. Engaged in misconduct, as specified by rule by the department under sub. (2) (a) 5.

AB312,14,15 c. Acted maliciously or in intentional disregard for the rights of another.

AB312,14,16 d. Provided false testimony before the department.

AB312,14,18 4. Knowingly conspired with a person with no license for mold assessment or mold remediation to evade this section.

AB312,14,21 5. Has had revoked or suspended any licensure, certification, registration, or permit for mold assessment or mold remediation issued by another state, for activity consistent with an activity specified under this subsection.

AB312,14,24 6. Is incapable, for a medical reason or another good cause, of performing mold assessment or mold remediation in a manner that is consistent with the health, safety, or welfare of the public.

AB312,15,3 7. With respect to mold assessment or mold remediation, has been convicted of, or has pleaded nolo contendere or its equivalent to, criminal negligence, as defined in s. 939.25 (1), or theft under s. 943.20 (1) (d).

AB312,15,9 (b) As a condition of a license limitation, suspension, or revocation under par. (a), the department may directly assess the relevant licensee partial or all costs of the department's investigation of any act by the licensee, as specified under par. (a) 1. to 7. The costs may include fees of investigators, stenographers, and attorneys. All costs paid under this paragraph shall be credited to the appropriation account under s. 20.435 (1) (gm).

AB312,15,14 (c) 1. In lieu of suspending or revoking a license under par. (a), the department may impose a forfeiture of not less than $1,000 nor more than $5,000 on a person that violates par. (a) 1. to 5. In determining whether a forfeiture is to be imposed for a violation, the department shall consider factors that the department promulgates as rules under sub. (2) (a) 10.

AB312,15,20 2. The department may directly assess the forfeiture provided for under subd. 1. If the department determines that a forfeiture should be imposed for a particular violation or for failure to correct it, it shall send a notice of imposition to the alleged violator. The notice shall specify the amount of the forfeiture, the statute or rule alleged to have been violated, and shall inform the alleged violator of the right to hearing under subd. 3.

AB312,16,6 3. A person may contest the imposition of a forfeiture, if any, by sending a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the department, if not the petitioner who was in the proceeding before the division, shall be the named respondent.

AB312,16,12 4. All forfeitures shall be paid to the department within 10 days of notice of imposition or, if the forfeiture is contested under subd. 2., within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund.

AB312,16,16 5. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this paragraph if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.

AB312,16,22 (d) 1. The department may issue a license under sub. (4) (a) or (b) to a qualified applicant, regardless of whether the applicant has previously been subject to license suspension or revocation under par. (a) or imposition of a forfeiture under par. (c), except that the department may refuse to issue a new license for an applying former licensee whose license is revoked under par. (a), for a period of 12 months from the date of the revocation.

AB312,16,25 2. An applying former licensee whose license is revoked under par. (a) shall complete the course of study specified under sub. (4) (a) 3. a. or (b) 3. a., as applicable, before license issuance is made under subd. 1.

AB312,17,5 (12) Order; enforcement; penalty. (a) In addition to or in lieu of suspending or revoking a license under sub. (11) (a) or imposing a forfeiture under sub. (11) (c), the department may issue an order to any person that is engaged in conduct or an activity that is a violation of this section or a rule promulgated under this section. The order shall direct the person to cease and desist from the condition or activity.

AB312,17,9 (b) If the person issued an order under par. (a) fails to cease and desist from the condition or activity that is specified in the order, the department of justice may bring an action to prosecute a violation of this section or the rules promulgated under this section, including an action for temporary or permanent injunction.

AB312,17,14 (c) Upon finding that a person has violated par. (a), the court may make any necessary order or judgment, including but not limited to injunction, restitution, and, notwithstanding s. 814.04, award of reasonable attorney fees and costs of investigation and litigation and may impose a forfeiture of not less than $1,000 nor more than $10,000 for each violation.

AB312, s. 5 Section 5. 254.30 of the statutes is renumbered 254.1825.

AB312, s. 6 Section 6. Effective dates. This act takes effect on January 1, 2010, except as follows:

AB312,17,19 (1) Rules. The treatment of section 254.24 (2) (intro.) and (a) of the statutes takes effect on the day after publication.

AB312,17,20 (End)