Feed for /code/admin_code/sps/safety_and_buildings_and_environment/301_319/305 PDF
SPS 305.02 Note Note: Due to SECTIONS 1708e and 1708f of 2013 Wisconsin Act 20, Line 8m. can be disregarded.
SPS 305.02 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; cr. line 11, renum. lines 11 to 63 to be 12 to 64; Register, March, 1998, No. 507, eff. 4-1-98; am. (1) to (3), (5) and Table 5.02, Register, April, 2000, No. 532, eff. 5-1-00; except Table 5.02 line 17 eff. 7-1-00; am. Table 5.02, Register, July, 2000, No. 535, eff. 9-1-00; CR 00-159: renumber Table 5.02 lines 37 to 65 to be lines 38 to 66, cr. line 37; Register September 2001 No. 549 eff. 10-1-01; CR 03-075: am. (1) (a) and Table 5.02 Register June 2004 No. 582, eff. 8-1-04; CR 04-134: cr. lines 11e, 11m and 11s of Table 5.02 Register June 2005 No. 594, eff. 7-1-05; CR 06-031: am. Table 5.02 Register October 2006 No. 610, eff. 11-1-06; CR 06-071: cr. line 11w Register November 2006 No. 611, eff. 12-1-06; CR 07-007: am. lines 9 and 10, cr. line 9m of Table 5.02 Register August 2007 No. 620, eff. 9-1-07; CR 06-127: am. Table 5.02 Line 49, cr. Table 5.02 Lines 54g and 54r, Register September 2007 No. 621, eff. 10-1-07; CR 07-089: am. Table 5.02 line 39, cr. lines 67 to 75 Register June 2008 No. 630, eff. 7-1-08; CR 08-039: am. (5) and Table 5.02 Register November 2008 No. 635, eff. 12-1-08; CR 08-092: cr. lines 50m and 50n of Table 5.02 Register May 2009 No. 641, eff. 6-1-09; EmR0904: emerg. cr. line 8m of Table 5.02, eff. 3-2-09; CR 08-110: cr. line 8m of Table 5.02 Register September 2009 No. 645, eff. 10-1-09; CR 09-046: am. lines 1 to 8, 13 to 15, 18 to 20, 29, 33, 34, 44, 50 and 68 to 70 of Table 5.02 Register March 2010 No. 651, eff. 4-1-10; CR 09-028: am. Table 5.02 lines 22, 24, 25, 26, cr. lines 24m, 25g, 25r, 26e, 26m, and 26s, r. line 23 Register August 2010 No. 656, eff. 9-1-10, except repeal of line 23, eff. 4-1-13; CR 10-039: am. Table 5.02 line 19, r. Table 5.02 line 20 Register November 2010 No. 659, eff. 12-1-10; CR 10-090: cr. Table 5.02 lines 50r to 50t Register January 2011 No. 661, eff. 2-1-11; CR 11-020: cr. Table 305.02 line 32m, Register December 2011 No. 672, eff. 1-1-12; correction in (1) (a), Table footnote a made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 12-007: r. Table 305.02 lines 50r. to 50t Register July 2012 No. 679, eff. 8-1-12; CR 13-014: r. Table 305.02 line 50 Register September 2013 No. 693, eff. 10-1-13.
SPS 305.03 SPS 305.03 Petitions for variance. An individual may submit a petition for variance to any rule in this chapter in accordance with ch. SPS 303.
SPS 305.03 Note Note: Many of the rules relating to credentials reflect specific statutory requirements; in such cases the department is not able to grant a petition for variance if it would supersede a statutory requirement.
SPS 305.03 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 305.04 SPS 305.04 Processing times.
SPS 305.04(1)(1) An application for a license, certification or registration covered under this chapter shall be granted or denied by the department within 21 calendar days after the department receives all of the application materials necessary to obtain the license, certification or registration.
SPS 305.04 Note Note: Pursuant to s. 227.116, Stats., the failure by the department to make a determination on an application results in the department having to prepare and file a report with the permit information center of the department. The failure by the department to make a determination on an application does not relieve a person from the obligation to comply with the requirements or qualifications of the license, certification or registration or to secure the license, certification or registration.
SPS 305.04(2)(a)(a) If the license, certification or registration application information is insufficient, the department shall request additional information within 21 calendar days of receipt of the application.
SPS 305.04(2)(b) (b) If an applicant does not respond to a request by the department for additional information within 3 months after the date of the request, the department shall make a determination on the application based upon the information on hand.
SPS 305.04 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) and (2) (a), Register, April, 2000, No. 532, eff. 5-1-00.
SPS 305.05 SPS 305.05 Mailing.
SPS 305.05(1)(1) Unless otherwise provided by law, all orders, notices and other papers may be served by the department by first class mail at the address on file with the department.
SPS 305.05(2) (2) A license, certification or registration holder shall be responsible for notifying the department of any change in mailing address.
SPS 305.05 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (2), Register, April, 2000, No. 532, eff. 5-1-00.
SPS 305.06 SPS 305.06 Terms.
SPS 305.06(1)(1) A license, certification or registration issued under this chapter shall be valid for a period of time no longer than that specified in Table 305.06.
SPS 305.06(2) (2) A license, certification or registration issued under this chapter shall expire at midnight on the day or date of expiration of the term specified in Table 305.06. - See PDF for table PDF
SPS 305.06 Note * Authority for terms under Table 305.06 lines 46 and 47 was transferred to the Department of Natural Resources (DNR) under 2013 Wis. Act 20, s. 9138 (7) (f). Table 305.06 lines 46 and 47 are subject to future rulemaking by DNR. See also ss. SPS 305.80 and 305.81.
SPS 305.06 Note ** Authority for terms under Table 305.06 lines 42 and 48 to 54r was transferred to the Department of Agriculture, Trade and Consumer Protection (DATCP) under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f). Table 305.06 lines 42 and 48 to 54r are subject to future rulemaking by DATCP. See also ss. SPS 305.68 and 305.82 to 305.89.
SPS 305.06 Note NA means Not Applicable
SPS 305.06 Note Note: Due to SECTIONS 1708e and 1708f of 2013 Wisconsin Act 20, Line 8m. can be disregarded.
SPS 305.06 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. Table, line 36, Register, January, 1998, No. 505, eff. 2-1-98; renum. lines 11 to 63 to 12 to 64 and am. line 21 and 39, cr. line 11, Register, March, 1998, No. 507, eff. 4-1-98; am. Register, April, 2000, No. 532, eff. 5-1-00; except Table 5.06 line 17 eff. 7-1-00; CR 00-159: renum. Table 5.06, lines 37 to 65 to be 38 to 66, cr. line 37, Register September 2001 No. 549 eff. 10-1-01; CR 03-075: am. (2) and Table 5.06 Register June 2004 No. 582, eff. 8-1-04; CR 04-134: cr. lines 11e, 11m and 11s of Table 5.06 Register June 2005 No. 594, eff. 7-1-05; CR 05-025: am. Table 5.06 lines 28 and 29 Register October 2005 No. 598, eff. 11-1-05; CR 06-031: am. Table 5.06 Register October 2006 No. 610, eff. 11-1-06; CR 06-071: cr. line 11w Register November 2006 No. 611, eff. 12-1-06; CR 07-007: am. lines 9. and 10., cr. line 9m. of Table 5.06 Register August 2007 No. 620, eff. 9-1-07; CR 06-127: am. Table 5.06 Lines 42 and 49 to 53, cr. Table 5.06 Lines 54g and 54r, Register September 2007 No. 621, eff. 10-1-07; CR 07-089: cr. lines 67 to 75 of Table 5.06 Register June 2008 No. 630, eff. 7-1-08; CR 08-092: cr. lines 45m and 45n of Table 5.06 Register May 2009 No. 641, eff. 6-1-09; correction to numbering of lines 45m and 45n made under s. 13.92 (4) (b) 1., Stats., Register May 2009 No. 641; EmR0904: emerg. cr. line 8m of Table 5.06, eff. 3-2-09; CR 08-110: cr. line 8m of Table 5.06 Register September 2009 No. 645, eff. 10-1-09; CR 09-028: am. Table 5.06 line 21, cr. lines 19m, 20g, 20r, 21e, 21m, and 21s, r. line 18 Register August 2010 No. 656, eff. 9-1-10, except repeal of line 18, eff. 4-1-13; CR 10-039: am. Table 5.06 line 14, r. Table 5.06 line 15 Register November 2010 No. 659, ef. 12-1-10; CR 10-064: am. Table 5.06 line 66 Register December 2010 No. 660, eff. 1-1-11; CR 10-090: cr. Table 5.06 lines 45r to 45t Register January 2011 No. 661, eff. 2-1-11; CR 11-020: cr. Table 305.06 line 27m, Register December 2011 No. 672, eff. 1-1-12; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672: CR 12-007: r. Table 305.06 lines 45r. to 45t. Register July 2012 No. 679, eff. 8-1-12; CR 13-014: r. Table 305.06 line 45 Register September 2013 No. 693, eff. 10-1-13.
SPS 305.07 SPS 305.07 Renewal.
SPS 305.07(1)(a) (a) Except under s. SPS 305.96, a notice of renewal shall be mailed by the department to a license, certification or registration holder at least 30 calendar days prior to the expiration of the license, certification or registration.
SPS 305.07(1)(b) (b) Failure to receive a notice for renewal of a license, certification or registration shall not be considered as an excuse or good cause for failure to renew a license, certification or registration prior to the expiration of the license, certification or registration.
SPS 305.07(2)(a)(a) Except as provided in par. (b), upon receipt of the renewal application from the department, a person may apply to renew his or her license, certification or registration provided an application, a license, certification or registration fee and evidence of all renewal obligations, if any, are submitted to the department prior to the expiration date of the license, certification or registration.
SPS 305.07 Note Note: Qualification obligations for renewal are specified under the appropriate license, certification or registration category sections.
SPS 305.07(2)(b)1.1. A person may apply to renew his or her license, certification or registration in accordance with par. (a) no later than one term after expiration of the license, certification or registration as specified in Table 305.06 in accordance with all of the following conditions:
SPS 305.07(2)(b)1.a. a. An application fee as specified in s. SPS 305.02, Table 305.02 shall accompany the renewal application.
SPS 305.07(2)(b)1.b. b. Any continuing education credit obtained after the time frame specified under s. SPS 305.08 (3) (a), but prior to the one-term deadline for renewal as specified in Table 305.06, that is needed to fulfill the renewal obligations shall be documented and filed with the department on a form prescribed by the department.
SPS 305.07 Note Note: The form to document late continuing education credit may be obtained from the Division of Industry Services at P.O. Box 7082, Madison, WI 53707-7082; or at telephone 608/261-8500 or 877/617-1565 or 411 (Telecommunications Relay).
SPS 305.07(2)(b)2. 2. The submission of a form under subd. 1. b. to the department shall include a $25.00 processing fee.
SPS 305.07(2)(b)3.a.a. Subdivisions 1. and 2. and par. (c) do not apply to a license, certification or registration issued under s. SPS 305.68 or ss. SPS 305.82 to 305.88.
SPS 305.07(2)(b)3.b. b. A person who files for renewal after the expiration date of a license, certification or registration issued under s. SPS 305.68 or ss. SPS 305.82 to 305.88 shall comply with this chapter's requirements for initially receiving that license, certification or registration.
SPS 305.07(2)(b)3.c. c. A person who files for renewal of a license, certification or registration issued under s. SPS 305.68, 305.84 or 305.85, and who has not obtained all continuing education credit required for renewal shall comply with this chapter's requirements for initially receiving that license, certification or registration.
SPS 305.07(2)(b)3.d. d. For a license, certification or registration issued under s. SPS 305.68, 305.84 or 305.85, the time period for obtaining continuing education credits shall extend from the beginning date to the expiration date of that license, certification or registration.
SPS 305.07(2)(c) (c) A person who files for renewal more than one term after expiration of his or her license, certification or registration may be reinstated by filing with the department an administrative fee of $200.00, an application, and the application fee and the license, certification or registration fee specified in s. SPS 305.02, Table 305.02. The department may also require demonstration of competence by various methods including, but not limited to, written or oral examination, documentation of relevant work experience in other jurisdictions, or documentation of education or experience in the field. Any education or examination required by the department may not be more extensive than the requirements in effect at the time of the request for reinstatement.
SPS 305.07 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. Register, April, 2000, No. 532, eff. 5-1-00; am. (2), Register, May, 2001, No. 545, eff. 6-1-01; CR 03-075: r. and recr. (2) (c) Register June 2004 No. 582, eff. 8-1-04; CR 06-127: cr. (2) (b) 3., Register September 2007 No. 621, eff. 10-1-07; correction in (1) (a), (2) (b) 1. (intro.), a., b., 3. a., b., c., d., (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 305.08 SPS 305.08 Continuing education.
SPS 305.08(1) (1) Program specifications.
SPS 305.08(1)(a)(a) Only courses, programs and seminars approved in writing by the department shall be used for credit to fulfill continuing education requirements.
SPS 305.08(1)(b)1.1. Requests for a course, program or seminar to be recognized for approval shall be submitted in writing to the department.
SPS 305.08(1)(b)2. 2. Requests for approval shall include sufficient information to determine if the course, program or seminar complies with this subsection.
SPS 305.08(1)(b)3. 3. The department shall review and make a determination on a request for approval within 21 calendar days of receipt of the request and information necessary to complete the review.
SPS 305.08(1)(c)1.1. Thirty minutes of attendance in an approved course, program or seminar shall be deemed equal to 0.5 hours of acceptable continuing education.
SPS 305.08(1)(c)2. 2. Continuing education credit for attendance in approved continuing education courses, programs or seminars in other than 30 minute increments shall be rounded down to the next half hour.
SPS 305.08(1)(d) (d) Courses, programs and seminars to be considered for approval towards continuing education credit shall relate to the skills and knowledge of one or more license, certification or registration categories.
SPS 305.08(1)(e)1.1. The department may impose specific conditions in approving a course, program or seminar for continuing education credit, including limiting credit to specific license, certification or registration categories.
SPS 305.08(1)(e)2.a.a. Except as provided in subd. 2. c., the approval of a course, program or seminar for continuing education credit shall expire 5 years after the date of approval.
SPS 305.08(1)(e)2.b. b. Approval of courses, programs or seminars for continuing education credit may be renewed. Renewal shall be in accordance with par. (b).
SPS 305.08(1)(e)2.c. c. An approval of a course, program or seminar for continuing education credit under s. SPS 305.68 or subch. VIII shall expire either 3 years after the date of approval, or as otherwise specified in the approval.
SPS 305.08(1)(e)3. 3. The department may revoke the approval of a course, program or seminar for continuing education credit for any false statements, misrepresentation of facts or violation of the conditions on which the approval was based. The department may not revoke the approval of a course, program or seminar less than 30 calendar days prior to the course, program or seminar being held.
SPS 305.08(1)(f)1.1. The individual or organization which had obtained the course, program or seminar approval shall maintain an attendance record of those individuals who have attended and completed the course, program or seminar for at least 5 years from the date of the course, program or seminar.
SPS 305.08(1)(f)2. 2. The attendance record shall include all of the following:
SPS 305.08(1)(f)2.a. a. The course name.
SPS 305.08(1)(f)2.b. b. The course identification number assigned by the department.
SPS 305.08(1)(f)2.c. c. The date or dates the course was held or completed.
SPS 305.08(1)(f)2.d. d. The name of each attendee.
SPS 305.08(1)(f)2.e. e. The name of each license, certification or registration held by the attendee for which the course applies.
SPS 305.08(1)(f)2.f. f. The license, certification or registration number assigned by the department of each attendee.
SPS 305.08(1)(f)3. 3. A copy of the attendance record shall be forwarded by the person or organization which had obtained the course, program or seminar approval to the department within 14 calendar days after completion of the course or program.
SPS 305.08(1)(g) (g) Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under s. SPS 305.68 or subch. VIII shall notify the department of any material changes to the information submitted for that approval.
SPS 305.08(1)(h) (h) Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under s. SPS 305.68 or subch. VIII shall notify the department if the course, program, or seminar is discontinued before the end of its approval period.
SPS 305.08(2) (2)Evidence of compliance. Each license, certification or registration holder shall retain evidence of compliance with continuing education requirements throughout the license, certification or registration period for which continuing education credit was required for renewal of the license, certification or registration.
SPS 305.08(2)(a) (a) The department shall accept as evidence of compliance original or copies of documents, certified by the individual or organization providing the course, program or seminar, indicating attendance and completion of the continuing education credit.
SPS 305.08(2)(b) (b) The department may require a license, certification or registration holder to submit evidence of compliance for the continuing education credit which was required to renew the license, certification or registration.
SPS 305.08(3) (3)Continuing educational cycle.
SPS 305.08(3)(a)(a) Except as provided under s. SPS 305.07 (2) (b), for those license, certification or registration categories which require continuing educational credit for renewal, the license, certification or registration holder shall obtain the necessary amount of continuing educational credit at least 3 months prior to the expiration date of the license, certification or registration as specified in Table 305.06.
SPS 305.08(3)(b) (b) Except as provided under s. SPS 305.07 (2) (b), the time period during which a license, certification or registration holder may obtain continuing education credit to fulfill the renewal obligations shall commence 3 months prior to the expiration date of the previous license, certification or registration term.
SPS 305.08(3)(c) (c) The attendance of a continuing education course, program or seminar in order to fulfill late renewal obligations under s. SPS 305.07 (2) (b) may not be credited toward more than one renewal cycle for a specific license, certification or registration.
SPS 305.08 Note Note: The provisions under par. (c) do not limit an individual in attending or completing courses, programs or seminars multiple times on separate occasions for continuing education credit.
SPS 305.08 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (3) (a), Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (d), (e) 1., (f) 2. e., f., (2) (intro.), (b) and (3), Register, April, 2000, No. 532, eff. 5-1-00; am. (3), Register, May, 2001, No. 545, eff. 6-1-01; CR 03-075: r. (1) (b) 2., renum. (1) (b) 3. and 4. to be (1) (b) 2. and 3., r. and recr. (1) (e) 2. b. Register June 2004 No. 582, eff. 8-1-04; CR 06-127: am. (1) (e) 2. a., cr. (1) (e) 2. c., (g) and (h), Register September 2007 No. 621, eff. 10-1-07; CR 09-046: am. (1) (f) 1. Register March 2010 No. 651, eff. 4-1-10; correction in (1) (e) 2. c., (g), (h), (3) (a), (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 305.09 SPS 305.09 Examinations.
SPS 305.09(1)(1) For those license, certification or registration categories which require examination, the department shall conduct at least 4 license, certification or registration examinations annually for each license, certification or registration category at times and locations specified by the department.
SPS 305.09(2) (2) An application and fee for a license, certification or registration that requires an examination shall be received by the department at least 30 calendar days prior to the day of the examination. The department may postpone the applicant's appearance to another examination date if any of the following occur:
SPS 305.09(2)(a) (a) The applicant fails to have the application on file with the department within the required time.
SPS 305.09(2)(b) (b) The application information or required qualifications are incomplete.
SPS 305.09(2)(c) (c) The examination center is filled to capacity.
Loading...
Loading...
The Wisconsin Administrative Code on this web site is updated on the 1st day of each month, current as of that date. See also Are the Codes on this Website Official?