AB312: Bill Text

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)