The department may, upon written application by a camp operator and after inspection by a migrant labor inspector, grant a variance to a provision of this section if it determines that an equivalency is established in the petition for variance which meets the intent of the provision involved.
An equivalency is established for the purposes of par. (a)
when appropriate alternative measures have been taken to protect the health and safety of workers and to assure that the purpose of the provision from which the variance is sought will be observed.
A variance issued under this subsection may be either temporary or permanent. In granting a variance, the department may impose specific conditions to promote the protection of the health, safety and welfare of the workers. Violation of any condition under which a petition is granted constitutes a violation of this chapter for which a compliance order may be issued or a variance may be revoked.
Any person who wishes to contest a determination on a petition for variance may, within 30 days after the date of the determination, file a request for hearing with the secretary. The request shall contain a statement of the specific reasons for contesting the determination. The secretary may deny the request if he or she determines that it sets forth insufficient reasons for a hearing. If the secretary grants the request, he or she may designate a hearing examiner to conduct the hearing and to issue either a recommended decision to the secretary or a final decision.
DWD 301.09 History
Cr. Register, October, 1985, No. 358
, eff. 1-1-86, emerg. cr. (7), eff. 2-10-86; r. (1) (b), renum. (1) (a) to be (1), cr. (7), Register, June, 1986, No. 366
, eff. 7-1-86; renum. from Ind 201.09 and am. (7) (a), Register, February, 1993, No. 446
, eff. 3-1-93; correction in (6) made under s. 13.93 (2m) (b) 1., Stats., Register, December, 1997, No. 504
; CR 07-018
: am. (2) (c) Register December 2007 No. 624
, eff. 1-1-08.
DWD 301.09 Note
DWD 301.11 Compliance dates. History:
Cr. Register, February, 1993, No. 446
, eff. 3-1-93;
correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1997, No. 504
; CR 07-018
: r. Register December 2007 No. 624
, eff. 1-1-08.
This section applies to post-occupancy inspections of migrant labor camps and other situations in which the department determines that a violation of the statutes or the administrative rules has taken place. The intent of this section is to supplement the system of code enforcement based on citations taken to court with a system based on administrative penalty fees. A penalty fee system enables the department to focus on violations that are serious and base the size of the fee on the degree of danger created by the violation.
DWD 301.13 Note
Section 103.965 (1)
, Stats., provides that in most cases there shall be a correction period for migrant code violation: ``(I)f the department determines that any person has violated ss. 103.90 to 103.97 the person shall have a reasonable time, not to exceed 15 days from the day he or she receives notice of the violation, to correct the violation. If the violation is corrected within that period, no penalty may be imposed under s. 103.97."
The violation penalty fees in this section of the code will apply only to violations that are not corrected within the specified correction period.
A penalty fee assessment may be issued by the migrant services bureau director or the director's designee.
Code violations shall be rated on a severity scale of high, medium and low.
A high severity violation may result in a penalty fee assessment of no more than $1,000.00. A medium severity violation may result in a penalty fee assessment of no more than $500.00. A low severity violation may result in a penalty fee assessment of no more than $250.00.
The following violations are examples of the high severity classification:
Violation of code requirements as to fire extinguisher, flammable materials, secure L.P. gas cylinder, safety valve on gas hot water heater, or smoke detector (s. DWD 301.07 (21)
The following violations are examples of the medium severity classification:
Housing not in good repair, cracks to outside, lack of smooth flooring, or violation of space or ceiling height requirements (s. DWD 301.07 (11)
The following violations are examples of the low severity classification:
After the department has assessed a penalty fee, the camp operator, the employer or any affected employee may request an administrative review. All requests for administrative review shall be in writing and must be mailed to the department within 15 days of the notice of penalty assessment. A request for administrative review shall specify the reasons for contesting the penalty assessment.
The administrative review shall be conducted by a designated department employee other than the employee who issued the penalty assessment. The administrative review is not a contested case proceeding. The administrative review shall conclude with a written determination that either affirms, reverses or modifies the initial determination.
DWD 301.13 History
Cr. Register, December, 1997, No. 504
, eff. 1-1-98; correction in (4) (b) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2007 No. 624
DWD 301.14 Posting of migrant worker rights.
A summary of the provisions of this chapter shall be posted in a conspicuous place in all migrant labor camps or where the occupants report for work in a place easily seen by the camp occupants. The posting shall be on a form prescribed by the department and shall be in English and in the language of the camp occupants if other than English.
DWD 301.14 Note
Note: The required posting may be obtained from the Bureau of Migrant, Refugee, and Labor Services, P.O. Box 7972, Madison WI 53707-7972.
DWD 301.14 History
History: CR 07-018
: cr. Register December 2007 No. 624
, eff. 1-1-08.