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c. Convicted of a crime related to the construction of a dwelling.
d. Adjudged bankrupt on 2 or more occasions.
(b) Notice of denial, suspension or revocation. Except as provided under s. 101.654 (4), Stats., relative to a dwelling contractor certification, and par. (c), a notice of denial, suspension, or revocation shall be sent to the applicant or the license, certification, registration, or enrollment holder. The notice shall include all of the following:
1. The basis for the denial, suspension or revocation, including the facts relied on by the department to make its decision and a citation of applicable statutes and administrative rules establishing the legal basis for the decision; and
2. A statement that the applicant or the license, certification, registration, or enrollment holder may file a request for an administrative hearing.
(c) Summary suspension. Under s. 227.51 (3), Stats., the department may summarily suspend any license, certification, registration, or enrollment if the department finds that immediate action is necessary for public health, safety, or welfare. The summary suspension of a license, certification, registration, or enrollment shall remain in effect until after a final decision is issued following a hearing.
(d) Hearing.
1. The request for an administrative hearing shall be received by the office of legal counsel of the department no later than 30 days following the date of mailing of the notice under par. (b), otherwise, the request for hearing shall be denied by the department.
Note: Requests for an administrative hearing may be mailed to the Department of Safety and Professional Services Legal Counsel, P.O. Box 7190, Madison, WI 53707-7190.
2. Hearings shall comply with the provisions of ch. 227, Stats.
(e) Surrender of license, certification, registration, or enrollment. A person whose license, certification, registration, or enrollment has been suspended or revoked shall surrender the license, certification, registration, or enrollment to the department upon request.
(f) Reinstatement.
1. ‘Suspension.’
a. A person whose license, certification, registration, or enrollment has been suspended may apply to have the license, certification, registration, or enrollment reissued only after the time set for suspension by the department or hearing examiner has passed and by complying with the conditions set forth in the suspension order.
b. The request to the department to have a suspended license, certification, registration, or enrollment reissued shall be made in writing.
c. The department may require a person whose license, certification, registration, or enrollment has been suspended to apply for the license, certification, registration, or enrollment by complying with all of the requirements for a new applicant, including paying the application fees and successfully passing an examination.
d. The department may impose conditions on the reissued license, certification, registration, or enrollment to assure compliance with this chapter.
2. ‘Revocation.’ A person whose license, certification, registration, or enrollment has been revoked may not apply to receive such a license, certification, registration, or enrollment.
(2) Pursuant to s. 145.10, Stats., the department may suspend or revoke the license or registration of any master plumber, journeyman plumber, master plumber-restricted, journeyman plumber-restricted, utility contractor, or cross connection control assembly tester in accordance with this subsection.
(a) General. The department may suspend or revoke a license or registration for any of the following reasons:
1. The practice of fraud or deceit in obtaining a license or registration.
2. Negligence, incompetence or misconduct in the practice or work allowed by the license or registration.
3. Failure to correct an installation for which the license or registration holder is responsible within the time prescribed by the department.
Note: Section 145.10 (1) (b), Stats., indicates that the correction of an installation must take place within 30 days following notification by the department of a violation.
4. Falsified information on an inspection form under s. 145.20 (5), Stats.
(b) Investigations. The department may conduct an investigation of any alleged violations of this chapter or chs. SPS 382 and 383. If it is determined that no further action is warranted, the department shall notify the persons affected. If the department determines that there is probable cause, it shall order a hearing and notify the persons affected.
(c) Summary suspension. Under s. 227.51 (3), Stats., the department may summarily suspend any license or registration if the department finds that immediate action is necessary for public health, safety or welfare. The summary suspension of a license or registration shall remain in effect until after a final decision is issued following a hearing.
(d) Hearings. The hearing for the suspension or revocation of a license or registration shall be conducted as a contested case hearing in accordance with ch. 227, Stats., and s. 145.10, Stats.
(e) Findings. The department may make findings and enter its order on the basis of the facts revealed by its investigation. Any findings as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary.
1. ‘Suspension.’ The period for suspension shall be determined by the hearing examiner or the department. The period for suspension may not exceed one year. A person whose license or registration has been suspended may apply to have the license or registration reinstated by filing a new application and payment of the appropriate fee specified in s. SPS 305.02.
2. ‘Revocation.’ The period for revocation shall be determined by the hearing examiner or the department. The period for revocation shall not exceed one year. A person whose license or registration has been revoked shall be eligible for the license or registration only after the time set for revocation by department order has passed. A person whose license or registration has been revoked may apply to have the license or registration reinstated only after submitting a completed application for license or registration examination, if required, payment of the examination fee, passing of the examination and payment of the license or registration fee specified in s. SPS 305.02.
History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a) (intro.), r. and recr. (1) (e), (2) (c), cr. (1) (f), Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (intro.), (a), (b) (intro.), 2., (c), (e), (f), (2) (intro.) to (a) 3., (c), (d), (e) 1. and 2., cr. (1) (a) 9. to 11., Register, April, 2000, No. 532, eff. 5-1-00; correction in (2) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; CR 04-058: cr. (1) (a) 12. Register February 2006 No. 602, eff. 5-1-06; correction in (2) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register October 2006 No. 610; CR 07-007: cr. (1) (a) 14., am. (1) (b) (intro.) Register August 2007 No. 620, eff. 9-1-07; CR 06-127: renum. (1) (a) 12. h. to k. to be (1) (a) 13. a. to c. and 12. h., cr. (1) (a) 12. i. and j. and 13. (intro), d. and e., Register September 2007 No. 621, eff. 10-1-07; correction in (1) (a) 12. (intro.), j., 13. (intro.), 14. (intro.), a., b., (2) (b), (e) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (1) (a) 12. j. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 16-093: am. (1) (a) (intro.), 1. to 8., (b) (intro.), 2., (c), (e), (f) Register June 2018 No. 750, eff. 8-1-18; correction in (1) (a) 10., 11. made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750; CR 23-006: am. (1) (intro.), (2) Register September 2023 No. 813, eff. 10-1-23.
SPS 305.11 Responsibilities.
(1) A person who holds a license, certification, registration, or enrollment under this chapter shall carry on his or her person the license, certification, registration, or enrollment issued by the department while performing or conducting the activity or activities permitted under the license, certification, registration, or enrollment.
(2) A person who holds a license, certification, registration, or enrollment under this chapter shall upon request of the department or its representative present the license, certification, registration, or enrollment for identification.
(3) The requirements of this section apply to licenses, certifications, registrations, or enrollment issued to an individual and not to a business.
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; CR 16-093: am. Register June 2018 No. 750, eff. 8-1-18.
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, registration, or enrollment category or activity involved.
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; CR 16-093: am. Register June 2018 No. 750, eff. 8-1-18.
SPS 305.125 Administrative forfeitures.
(1) Plumbing forfeitures.
(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.
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.
(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:
1. First offense — $1,000.
2. Second offense — $1,500.
3. Third and subsequent offense — $2,000.
(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:
1. First offense — $100.
2. Second offense — $500.
3. Third and subsequent offense — $1,000.
(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:
1. First offense — $1,000.
2. Second offense — $1,500.
3. Third and subsequent offense — $2,000.
(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:
1. First violation offense — $500.
2. Second violation offense — $1,000.
3. Third and subsequent violation offense — $2,000.
(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:
1. First violation offense — $1,500.
2. Second violation offense — $1,750.
3. Third and subsequent violation offense — $2,000.
(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:
1. First violation offense — $1,000.
2. Second violation offense — $1,500.
3. Third and subsequent violation offense — $2,000.
(h) The amount of forfeiture assessed against an individual who does not hold a registration as a cross connection control assembly tester under s. SPS 305.99 and who tests cross connection control assemblies to meet the requirements in s. SPS 382.22 (8) shall be one of the following:
1. First violation offense — $500.
2. Second violation offense — $1,000.
3. Third and subsequent violation offense — $2,000.
Note: See section 145.06, Stats., for exemptions to the licensing requirements.
(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.
(2) POWTS forfeitures.
(a) Pursuant to s. 145.12 (5) (a), Stats., the department may assess a forfeiture in the amount listed in par. (b) to a violator of the restriction requirements under s. 145.20 (6) (a), Stats.
(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:
1. First offense — $1,000.
2. Second offense — $1,500.
3. Third and subsequent offense — $2,000.
(4) Forfeiture process.
(a) The department shall assess an administrative forfeiture in writing.
(b) A notice of administrative forfeiture shall include the following:
1. The rule or rules violated.
2. A statement or explanation of how the violation was determined.
3. The amount of forfeiture.
4. A statement or explanation of how the amount of forfeiture was determined.
5. Information about how to contest the notice of administrative forfeiture.
(5) Forfeiture payments.
(a) Except as provided in sub. (6), all forfeitures shall be paid to the department within 30 days after issuance of the notice.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.