SPS 305.11(2)
(2) A person who holds a license, certification or registration under this chapter shall upon request of the department or its representative present the license, certification or registration for identification.
SPS 305.11(3)
(3) The requirements of this section apply to licenses, certifications or registrations issued to an individual and not to a business.
SPS 305.11 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; cr. (3),
Register, March, 1998, No. 507, eff. 4-1-98; am.
Register, April, 2000, No. 532, eff. 5-1-00.
SPS 305.12
SPS 305.12
Penalties. In addition to the forfeitures provided for in
s. SPS 305.125, penalties for violations of the provisions of this chapter may be assessed in accordance with the respective penalty provisions in the statutes, depending upon the license, certification or registration category or activity involved.
SPS 305.12 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am.,
Register, March, 1998, No. 507, eff. 4-1-98; am.
Register, April, 2000, No. 532, eff. 5-1-00;
CR 07-069: r. and recr.
Register February 2008 No. 626, eff. 3-1-08.; correction in (2) (h) made under s.
13.92 (4) (b) 7., Stats.,
Register May 2009 No. 641;
CR 09-021: am. (1), cr. (2m)
Register November 2009 No. 647, eff. 12-1-09; correction in (2) (h) (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2009 No. 648;
CR 10-039: renum. (1) to be Comm 5.12 and am., renum. (2) to (7) to be Comm 5.125 (1), (2), and (4) to (8) and am. (1) (a)
Register November 2010 No. 659, eff. 12-1-10; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.125(1)(a)(a) Pursuant to s.
145.12 (5), Stats., the department may assess a forfeiture in the amount listed in
pars. (b) to
(i) to a violator of the licensing requirements under s.
145.06, Stats.
SPS 305.125 Note
Note:
A violation of each paragraph is considered separately when assessing a first, second or third violation. For example: violating paragraphs (a), (b) and (c) creates a first violation for each paragraph, not a first, second and third violation.
SPS 305.125(1)(b)
(b) The amount of forfeiture assessed against an individual who does not hold the appropriate type of plumbing license under subch.
IX and who installs plumbing when a master plumber is not in charge of the plumbing installation shall be one of the following:
SPS 305.125(1)(c)
(c) The amount of forfeiture assessed against an individual who does not hold the appropriate type of plumbing license under subch.
IX and who installs plumbing where a master plumber is in charge of the plumbing installation shall be one of the following:
SPS 305.125(1)(d)
(d) The amount of forfeiture assessed against a master plumber who allows the use of his or her master plumber license for the purpose of obtaining a plumbing permit without that master plumber assuming responsibility for the plumbing installation shall be one of the following:
SPS 305.125(1)(e)
(e) The amount of forfeiture assessed against a master plumber who allows another licensed plumber to install plumbing in the master plumber's name when that master plumber is not in charge of the plumbing installation shall be one of the following:
SPS 305.125(1)(f)
(f) The amount of forfeiture assessed against a master plumber who allows an individual who does not hold the appropriate license under subch.
IX to install plumbing when that master plumber is in charge of the plumbing installation shall be one of the following:
SPS 305.125(1)(g)
(g) The amount of forfeiture assessed against an individual who does not hold an appropriate master plumber license under
s. SPS 305.91 and who engages in the business or offers to engage in the business of superintending plumbing installations shall be one of the following:
SPS 305.125(1)(h)
(h) The amount of forfeiture assessed against an individual who does not hold a registration as a cross connection control tester under
s. SPS 305.99 and who tests cross connection control devices to meet the requirements in
s. SPS 382.22 (8) shall be one of the following:
SPS 305.125 Note
Note:
See section
145.06, Stats., for exemptions to the licensing requirements.
SPS 305.125(1)(i)
(i) When a violator creates an imminent health risk the forfeiture amounts under
pars. (b) to
(h) shall be doubled within the maximum statutory limit of $2,000.
SPS 305.125 Note
Note:
See the appendix for a reprint of 145.20 (6) (a), Stats.
SPS 305.125(2)(b)
(b) The amount of forfeiture assessed against an individual who violates the restriction requirements under s.
145.20 (6) (a), Stats., shall be one of the following:
SPS 305.125(3)(a)(a) Pursuant to s.
101.147 (3), Stats., the department may assess a forfeiture in the amount listed in
pars. (b) and
(c) to a violator of the requirements for any of the following licenses, certifications or registrations:
SPS 305.125(3)(b)
(b) The amount of forfeiture assessed against an individual or entity that does not hold the appropriate type of license, certification or registration required under
par. (a) shall be subject to one of the following:
SPS 305.125(3)(c)
(c) The amount of forfeiture assessed against an individual or entity that holds one of the credentials listed in
par. (a) and that contracts with another individual or entity to engage in construction business activities where that other individual or entity is required to hold a credential required under
s. SPS 305.30 (1) (a) but does not shall be subject to one of the following:
SPS 305.125(4)(a)(a) The department shall assess an administrative forfeiture in writing.
SPS 305.125(4)(b)
(b) A notice of administrative forfeiture shall include the following:
SPS 305.125(4)(b)4.
4. A statement or explanation of how the amount of forfeiture was determined.
SPS 305.125(4)(b)5.
5. Information about how to contest the notice of administrative forfeiture.
SPS 305.125(5)(a)(a) Except as provided in
sub. (6), all forfeitures shall be paid to the department within 30 days after issuance of the notice.
SPS 305.125 Note
Note:
Section
145.12 (5) (d), Stats., reads: In the case of any failure in the payment of a forfeiture, the department shall impose an interest penalty of 12% per year from the time when the forfeiture should have been paid.
SPS 305.125(5)(c)
(c) The department may refer unpaid forfeitures to the attorney general.
SPS 305.125 Note
Note:
Section
145.12 (5) (e), Stats., reads: The attorney general may bring an action in the name of the state to collect any forfeiture imposed, or interest accrued, under this subsection if the forfeitures or interest has not been paid after the exhaustion of all administrative and judicial reviews.
SPS 305.125(6)(a)(a) A person assessed an administrative forfeiture may request a review of the assessment of forfeiture issued under
sub. (1) and the grounds for the assessment in accordance with all of the following procedures:
SPS 305.125(6)(a)1.
1. A request for review of an assessment of forfeiture under this subsection shall be on the basis to completely overturn the assessment.
SPS 305.125(6)(a)2.
2. A request for review of an assessment of forfeiture shall be made in writing to the administrator of the Safety and Buildings Division.
SPS 305.125 Note
Note:
Requests for a review by the administrator may be forwarded to Administrator, Safety and Buildings Division, P.O. Box 2599, Madison, WI 53707-2599.
SPS 305.125(6)(a)3.
3. A request for review of an assessment of forfeiture shall include a statement of the specific reasons why the person believes the administrative forfeiture and the grounds for the assessment should be overturned.
SPS 305.125(6)(b)
(b) A request for review of an assessment of an administrative of forfeiture and the grounds for the assessment shall be denied if the request is received more than 30 days after issuance of the forfeiture notice.
SPS 305.125(6)(c)1.1. The administrator shall make a decision on a request for review of an assessment of administrative forfeiture and the grounds for assessment within 15 days of receipt of the request.
