Chapter SPS 305

SPS 305.10(2)(a)3. 3. Failure to correct an installation for which the license or registration holder is responsible within the time prescribed by the department.

SPS 305.10 Note 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.

SPS 305.10(2)(a)4. 4. Falsified information on an inspection form under s. 145.20 (5), Stats.

SPS 305.10(2)(b) (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.

SPS 305.10(2)(c) (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.

SPS 305.10(2)(d) (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.

SPS 305.10(2)(e) (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.

SPS 305.10(2)(e)1. 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.

SPS 305.10(2)(e)2. 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 A person whose license or registration has been revoked shall be eligible for the license or registration only after the time set for revocation by department order has passed. A person whose license or registration has been revoked may apply to have the license or registration reinstated only after submitting a completed application for license or registration examination, if required,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.

SPS 305.10 History 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 SPS 305.11 Responsibilities.

SPS 305.11(1) (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.

SPS 305.11(2) (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.

SPS 305.11(3) (3) The requirements of this section apply to licenses, certifications, registrations, or enrollment 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; CR 16-093: am. Register June 2018 No. 750, eff. 8-1-18.

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, registration, or enrollment 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; CR 16-093: am. Register June 2018 No. 750, eff. 8-1-18.

SPS 305.125 SPS 305.125 Administrative forfeitures.

SPS 305.125(1) (1) Plumbing forfeitures.

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)(b)1. 1. First offense — $1,000.

SPS 305.125(1)(b)2. 2. Second offense — $1,500.

SPS 305.125(1)(b)3. 3. Third and subsequent offense — $2,000.

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)(c)1. 1. First offense — $100.

SPS 305.125(1)(c)2. 2. Second offense — $500.

SPS 305.125(1)(c)3. 3. Third and subsequent offense — $1,000.

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)(d)1. 1. First offense — $1,000.

SPS 305.125(1)(d)2. 2. Second offense — $1,500.

SPS 305.125(1)(d)3. 3. Third and subsequent offense — $2,000.

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)(e)1. 1. First violation offense — $500.

SPS 305.125(1)(e)2. 2. Second violation offense — $1,000.

SPS 305.125(1)(e)3. 3. Third and subsequent violation offense — $2,000.

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)(f)1. 1. First violation offense — $1,500.

SPS 305.125(1)(f)2. 2. Second violation offense — $1,750.

SPS 305.125(1)(f)3. 3. Third and subsequent violation offense — $2,000.

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)(g)1. 1. First violation offense — $1,000.

SPS 305.125(1)(g)2. 2. Second violation offense — $1,500.

SPS 305.125(1)(g)3. 3. Third and subsequent violation offense — $2,000.

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 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:

SPS 305.125(1)(h)1. 1. First violation offense — $500.

SPS 305.125(1)(h)2. 2. Second violation offense — $1,000.

SPS 305.125(1)(h)3. 3. Third and subsequent violation offense — $2,000.

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(2) (2) POWTS forfeitures.

SPS 305.125(2)(a) (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.

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(2)(b)1. 1. First offense — $1,000.

SPS 305.125(2)(b)2. 2. Second offense — $1,500.

SPS 305.125(2)(b)3. 3. Third and subsequent offense — $2,000.

SPS 305.125(4) (4) Forfeiture process.

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)1. 1. The rule or rules violated.

SPS 305.125(4)(b)2. 2. A statement or explanation of how the violation was determined.

SPS 305.125(4)(b)3. 3. The amount of forfeiture.

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) (5) Forfeiture payments.

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(5)(b) (b) An interest penalty shall be imposed in accordance with s. 145.12 (5) (d), Stats., for a forfeiture not paid in accordance with par. (a).

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) (6) Forfeiture appeal.

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 division of industry services.

SPS 305.125 Note Note: Requests for a review by the administrator may be sent to Administrator, Division of Industry Services, P.O. Box 2658, Madison, WI 53701-2658.

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) (c)

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.

SPS 305.125(6)(c)2. 2. If the administrator determines that insufficient reasons are provided in a request for review, the request may be denied.

SPS 305.125(6)(c)3. 3. A denial of a request for review shall be in writing and shall state the reasons for denial and information about the right to appeal the denial.

SPS 305.125(6)(c)4. 4. If the administrator determines that sufficient reasons are provided in a request for review, the request shall be granted.

SPS 305.125(6)(c)5. 5. If the administrator grants a request for review, the administrator shall notify the person making the request in writing of the date, time and location where the review will take place and who will conduct the review. The review shall be scheduled within 10 days after the request for review is granted, unless the person requesting the review asks for and is granted an extension.

SPS 305.125(6)(c)6. 6. If a review is granted, the person requesting the review shall be provided an opportunity to meet with the administrator or designee to present statements and documents regarding the contested notice of administrative forfeiture and the grounds for the assessment.

SPS 305.125(6)(c)7. 7. If a review is granted, the division shall provide technical expertise to represent the department’s position.

SPS 305.125(7) (7) Administrator review.

SPS 305.125(7)(a) (a) The administrator shall issue a written decision within 30 days following a review under sub. (6) (c) 5.

SPS 305.125(7)(b) (b) The written decision from the administrator shall include information about appeal rights and procedures if the decision is to deny overturning the assessment of administrative forfeiture and the grounds for assessment.