DHS 173.04(4)(e)
(e) If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under
s. DHS 173.08.
DHS 173.04(5)
(5) Voided license for failure to pay fees. If a license applicant, operator, or practitioner fails to pay all applicable fees and processing charges under
s. DHS 173.05 within 15 days after the license applicant, operator, or practitioner receives notice of an insufficiency under
s. DHS 173.05, or within 45 days after the expiration of the license, whichever occurs first, the license is void. An operator or practitioner whose license is voided under this subsection may appeal the decision under
s. DHS 173.08. In an appeal concerning a voided license under this subsection, the burden is on the license applicant, operator, or practitioner to show that the entire applicable fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of an establishment, or practice as a tattooist or body piercer, is deemed to be operation or practice without a license and is subject to the fees under
s. DHS 173.05 (2) (e) in addition to the fees otherwise due, unless the license applicant, operator, or practitioner meets its burden of proof under this subsection.
DHS 173.04(7)
(7) Display of license. The operator of an establishment shall display in the establishment, in a place visible to the public, the licenses issued by the department or its agent for the establishment and for all practitioners working in the establishment. A license may not be altered or defaced.
DHS 173.04 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.04, r. and recr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.05(1)
(1)
Fee schedules. The fees listed in Table DHS 173.05 A shall apply to licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table DHS 173.05 B shall apply to licenses issued on or after April 1, 2011.
DHS 173.05 Note
Note: Local health departments that are agents for the department have authority under s.
252.245 (4), Stats., to establish and collect fees for licenses issued by the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.
DHS 173.05(2)(a)(a)
Preinspection fee. The operator of an establishment shall, pursuant to
sub. (1), pay the applicable preinspection fee listed in Table DHS 173.05 A or B to the department before an initial or new license is issued under
s. DHS 173.04.
DHS 173.05(2)(b)1.1. `Establishment'. The operator of an establishment shall, pursuant to
sub. (1), pay the applicable license fee listed in Table DHS 173.05 A or B to the department for each establishment that the operator applies for a license to operate under
s. DHS 173.04 (1) or
(2).
DHS 173.05(2)(b)2.
2. `Practitioner'. A practitioner shall, pursuant to
sub. (1), pay the applicable license fee listed in the Table DHS 173.05 A or B to the department.
DHS 173.05(2)(c)
(c)
Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the operator shall pay to the department a late fee of $85.00 in addition to the renewal license fee.
DHS 173.05(2)(d)
(d)
Reinspection fee. If the department conducts a reinspection of an establishment under
s. DHS 173.06 (1) (b), the operator shall, pursuant to
sub. (1), pay to the department the applicable reinspection fee listed in Table DHS 173.05 A or B. The department shall assess an additional reinspection fee as listed in Table DHS 173.05 A or B, whichever is applicable, for any additional reinspection conducted under
s. DHS 173.06 (1) (b) 4.
DHS 173.05(2)(e)
(e)
Fees for operating without a license. An establishment found to be operating without a license shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges under
s. DHS 173.04 (5). A practitioner found to be practicing without a license shall pay to the department $150, in addition to all applicable fees and any processing charges under
s. DHS 173.04 (5).
DHS 173.05 Note
Note: Any person who willfully violates or obstructs the execution of any state statute or rule, county, city or village ordinance or departmental order under this chapter and relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.
DHS 173.05(2)(f)
(f)
Duplicate license. The department shall charge the operator or practitioner, as applicable, $15.00 for a duplicate license.
DHS 173.05(2)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's licensing responsibilities, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.
DHS 173.05(3)
(3) Method of payment. If the payment for an initial or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or owner shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under
sub. (1) and the financial institution's processing charges by cashier's check or other certified draft, money order, or cash.
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See PDF for table 
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See PDF for table DHS 173.05 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.06(1)(a)(a)
Inspections. Under s.
252.23,
252.24, or
252.245, Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any establishment at any reasonable time, for any of the following purposes:
DHS 173.06(1)(a)5.
5. To examine and copy relevant documents and records provided such information is related to the operation of the establishment.
DHS 173.06(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 173.06(1)(b)1.1. The department or its agent may reinspect an establishment whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the establishment.
DHS 173.06(1)(b)2.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
DHS 173.06(1)(b)3.
3. A reinspection fee shall be charged for the reinspection according to Table DHS 173.05 A or B, or applicable charges as determined by an agent of the department.
DHS 173.06(1)(b)4.
4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the operator an additional reinspection fee. The department may order the operator to show just cause why the license should not be suspended or revoked under
s. DHS 173.07.
DHS 173.06(2)(a)(a) If upon inspection of an establishment, the department or agent finds that the establishment is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.
DHS 173.06(2)(b)
(b) If the order to correct a violation is not carried out by the expiration of the time period stated in the order, or any extension of time granted by the department or agent, the department or agent may suspend or revoke the license to operate the establishment.
DHS 173.06(2)(c)
(c) 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. DHS 173.08.
DHS 173.06(3)(a)(a) As provided under ss.
227.51 (3) and
250.04 (1) and
(2) (a), Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under
sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
DHS 173.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 173.06(3)(a)2.
2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.
DHS 173.06(3)(b)1.1. A temporary order shall take effect upon delivery to the operator, establishment, or practitioner, as applicable. Except as provided in
par. (c), the temporary order shall remain in effect for 14 days from the date of delivery. A temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
DHS 173.06(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. 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 operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
DHS 173.06(3)(c)
(c) If the analysis or examination 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 operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
s. DHS 173.08. The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 173.08 within 15 days after issuance of the notice.
DHS 173.06(3)(d)
(d) Pursuant to s.
252.25, Stats., any person who willfully violates or obstructs a departmental order relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.
DHS 173.06 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.07
DHS 173.07
Suspension or revocation of license. The department may, after a hearing under
s. DHS 173.08, suspend or revoke a license for violation of s.
252.23 or
252.24, 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. DHS 173.08 (1).
DHS 173.07 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09; correction made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 173.08
DHS 173.08
Appeals of actions by the department. DHS 173.08(1)(a)
(a) Except as specified under
sub. (2) or
(3), a request for a hearing to contest denial of a license, a voided license, suspension, revocation, forfeiture, or order given under
s. DHS 173.06 (1) (b) 4. or
(2), shall be submitted in writing to the department of administration's division of hearings and appeals within 15 days after receipt of the notice of the department's action.
DHS 173.08(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.
DHS 173.08(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.
DHS 173.08(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.
DHS 173.08 Note
Note: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
DHS 173.08(2)
(2) As a condition for requesting a hearing to appeal the voiding of a license, a license applicant or operator, or practitioner, as applicable, shall comply with
sub. (4). In an appeal concerning voiding a license, the burden is on the applicant or owner to show that the entire applicable fees and processing charges have been paid.
DHS 173.08(3)
(3) A request for hearing on a temporary order given by the department under
s. DHS 173.06 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the appellant agree to a later date, the immediate danger to health is removed, the order is not contested or the appellant and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s.
227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
DHS 173.08(3)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 173.08 Note
Note: A request for a hearing under sub. (3) may be submitted by mail or hand-delivered to the Department of Health Services, at 1 W. Wilson St., Room 650, P.O. Box 7850, Madison, WI, 53707-7850, or faxed to the Department at (608) 266-7882. The hearing may be conducted by the department secretary, the secretary's designee, or a hearing examiner under s.
227.43 (1) (bu), Stats.
DHS 173.08(4)
(4) If the department voids a license under
s. DHS 173.04 (5), for failure to pay fees, the licensee shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
DHS 173.08 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.09
DHS 173.09
Appeals of actions by agent health departments. If an agent issues licenses directly under s.
252.245, Stats., the agent shall create enforcement and appeal procedures in accordance with s.
66.0417, Stats., which shall supersede enforcement and appeal procedures under
s. DHS 173.08 (2) and
(4).
DHS 173.09 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.10(1)(a)(a) Consent. A tattooist or body piercer may not tattoo or body pierce a patron without first obtaining the signed, informed consent of the person on a form approved by the department.
DHS 173.10 Note
Note: To obtain a copy of an approved consent form, which may be reproduced, write: Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.
DHS 173.10(1)(b)2.
2. No person age 16 or 17 may be body pierced unless an informed consent form has been signed by his or her parent or legal guardian in the presence of the operator.
DHS 173.10(1)(b)3.
3. No person under 18 years of age may be tattooed except by a physician in the course of the physician's professional practice, as permitted under s.
948.70 (3), Stats.
DHS 173.10(1)(b)4.
4. A body-piercing establishment shall post a notice in a conspicuous place in the establishment stating that it is illegal to body pierce a person under the age of 18 without the signed, informed consent of that person's parent or legal guardian.
DHS 173.10(1)(b)5.
5. A tattoo establishment shall post a sign in a conspicuous place in the establishment stating that no person under the age of 18 may be tattooed.
DHS 173.10(1)(c)
(c) Barriers to procedure. A tattooist or body piercer may not tattoo or body pierce any of the following:
DHS 173.10(1)(c)1.
1. A person who appears to be under the influence of alcohol or a mind-altering drug.
DHS 173.10(1)(c)2.
2. A person who has evident skin lesions or skin infections in the area of the procedure.
DHS 173.10(2)
(2) Record. Every tattooist and body piercer shall keep a record of each patron. A patron's record shall include the patron's name, address, age and consent form, the name of the practitioner doing the procedure and any adverse effects arising from the procedure. A patron's record shall be retained for a minimum of 2 years following completion of the procedure.
DHS 173.10 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.05
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.11
DHS 173.11
Physical facilities and environment. DHS 173.11(1)(1)
Floors. Floors in the area where tattoo or body-piercing procedures are performed shall be constructed of smooth, durable and non-porous material and shall be maintained in a clean condition and in good repair. Carpeting is prohibited.
DHS 173.11(2)
(2) Walls and ceilings. Walls and ceilings in the area where tattoo and body-piercing procedures are performed shall be light-colored, smooth and easily cleanable.
DHS 173.11(3)
(3) Lighting. Tattoo and body-piercing application areas shall maintain a minimum illumination of 50 footcandles.
DHS 173.11(4)
(4) Premises. The premises and all facilities used in connection with the premises shall be maintained in a clean, sanitary and vermin-free condition.
DHS 173.11(5)
(5) Living areas. Tattoo and body-piercing areas shall be completely separated from any living quarters by floor-to-ceiling partitioning and solid doors which are kept closed during business hours. A direct outside entrance to the tattoo or body-piercing establishment shall be provided.
