Skip navigation Wisconsin State Legislature
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.
(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).
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.
(c) The department may refer unpaid forfeitures to the attorney general.
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.
(6) Forfeiture appeal.
(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:
1. A request for review of an assessment of forfeiture under this subsection shall be on the basis to completely overturn the assessment.
2. A request for review of an assessment of forfeiture shall be made in writing to the administrator of the division of industry services.
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.
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.
(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.
(c)
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.
2. If the administrator determines that insufficient reasons are provided in a request for review, the request may be denied.
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.
4. If the administrator determines that sufficient reasons are provided in a request for review, the request shall be granted.
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.
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.
7. If a review is granted, the division shall provide technical expertise to represent the department’s position.
(7) Administrator review.
(a) The administrator shall issue a written decision within 30 days following a review under sub. (6) (c) 5.
(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.
(8) Secretary review.
(a) A person adversely affected by the decision of the administrator under sub. (7) may request a hearing by the secretary to review an assessment of administrative forfeiture and the grounds for assessment in accordance with all of the following procedures:
1. A request for a hearing shall be made in writing to the secretary.
2. A request for a hearing shall include a statement of the specific reasons why the person believes the forfeiture assessment and the grounds for assessment should be overturned.
3. A request for a hearing shall be denied if the request is received more than 30 days after issuance of the decision by the administrator under sub. (7).
(b) A hearing held by the secretary or designee to review the decision of the administrator on an administrative forfeiture shall be a contested case hearing. The hearing and the decision issued after the hearing shall be governed by the provisions under ch. 227, Stats.
History: CR 10-039: renum. from Comm 5.12 (2) to (8) and am. (1) (a), cr. (3) Register November 2010 No. 659, eff. 12-1-10; corrections in (5) (a), (6) (a) (intro.), (7) (a), (8) (a) (intro.) and 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 10-090: cr. (3m) Register January 2010 No. 661, eff. 2-1-11; correction in (1) (g) (intro.), (h) (intro.), (3) (c) (intro.), (3m) (a), (b) (intro.), (c) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 12-007: r. (3m) Register July 2012 No. 679, eff 8-1-12; correction in (6) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register September 2013 No. 693; CR 14-010: r. (3) (a) 1. Register August 2014 No. 704, eff. 9-1-14; CR 19-118: r. (3) Register May 2020 No. 773, eff. 6-1-20; CR 23-006: am. (1) (h) (intro.) Register September 2023 No. 813, eff. 10-1-23.
Subchapter II — Blasting and Fireworks
SPS 305.20 Blasters.
(1) General.
(a) No person may prepare explosive charges or conduct blasting operations unless the person complies with one of the following conditions:
1. Holds a license issued by the department as a licensed class 1 blaster, licensed class 2 blaster, licensed class 3 blaster, licensed class 4 blaster, licensed class 5 blaster, licensed class 6 blaster or licensed class 7 blaster.
2. Is under the direct supervision of a person who holds a license issued by the department as a licensed blaster in one or more of the categories specified in subd. 1.
(b) The operations and activities associated with a person who holds a license as a licensed class 1 blaster, licensed class 2 blaster, licensed class 3 blaster, licensed class 4 blaster, licensed class 5 blaster, licensed class 6 blaster or licensed class 7 blaster shall be limited to the operations or activities delineated under this paragraph.
1. A person, who either holds a license as a licensed class 1 blaster or is under the direct supervision of a person who holds a license as a licensed class 1 blaster, may conduct blasting operations and activities not closer than 500 feet to an inhabited building for stumps, boulders, ice, frost, concrete, footings, foundations, pole settings, drainage ditches, beaver dams, pot holes, seismic tests, boiler tubes, fertilizer piles, silos, dimension stone, well shooting, metal forms, black powder or coal piles.
2. A person, who either holds a license as a licensed class 2 blaster or is under the direct supervision of a person who holds a license as a licensed class 2 blaster, may conduct blasting operations and activities for stumps, boulders, ice, frost, concrete, footings, foundations, pole settings, drainage ditches, beaver dams, pot holes, seismic tests, boiler tubes, fertilizer piles, silos, dimension stone, well shooting, metal forms, black powder or coal piles.
3. A person, who either holds a license as a licensed class 3 blaster or is under the direct supervision of a person who holds a license as a licensed class 3 blaster, may conduct blasting operations and activities for underground mining, underground construction or tunnels.
4. A person, who either holds a license as a licensed class 4 blaster or is under the direct supervision of a person who holds a license as a licensed class 4 blaster, may conduct blasting operation and activities not closer than 2500 feet to an inhabited building for quarries, open pits, road cuts, trenches, site excavations, basements, underwater demolition or underground excavations.
5. A person, who either holds a license as a licensed class 5 blaster or is under the direct supervision of a person who holds a license as a licensed class 5 blaster, may conduct blasting operations and activities 2500 feet and closer to an inhabited building for quarries, open pits and road cuts.
6. A person, who either holds a license as a licensed class 6 blaster or is under the direct supervision of a person who holds a license as a licensed class 6 blaster, may conduct blasting operations and activities 2500 feet and closer to an inhabited building for trenches, site excavations, basements, underwater demolition, underground excavations or structures 15 feet or less in height.
7. A person, who either holds a license as a licensed class 7 blaster or is under the direct supervision of a person who holds a license as a licensed class 7 blaster, may conduct blasting operations and activities for structures greater than 15 feet in height, bridges, towers or any of the objects or purposes specified under subds. 1. to 6.
(c) A person who holds a valid blaster license which was issued prior to November 1, 1996 shall be deemed to hold the category of blaster license specified in Table 305.20 and may conduct blasting operations and activities under par. (b).
- See PDF for table PDF
(2) Application for examination. A person applying to take a blaster license examination shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
(3) Qualifications for examination.
(a) A person applying to take a blaster license examination shall be at least 21 years old.
(b) A person applying to take a blaster license examination shall have one or more of the following qualifying experience:
1. At least 640 hours of experience working under the direct supervision of a person who holds a class 1 blaster license for a class 1 blaster license examination.
2. At least 640 hours of experience working under the direct supervision of a person who holds a class 2 blaster license for a class 2 blaster license examination.
3. At least 640 hours of experience working under the direct supervision of a person who holds a class 3 blaster license for a class 3 blaster license examination.
4. At least 640 hours of experience working under the direct supervision of a person who holds a class 4, class 5 or class 6 blaster license for a class 4 license examination.
5. At least 640 hours of experience working under the direct supervision of a person who holds a class 5 blaster license for a class 5 blaster license examination.
6. At least 1000 hours of experience working under the direct supervision of a person who holds a class 6 blaster license for a class 6 blaster license examination.
7. At least 2000 hours of experience working under the direct supervision of a person who holds a class 7 blaster license for a class 7 blaster license examination.
(4) Examination. A person seeking to obtain a blaster license shall take and pass an examination in accordance with s. SPS 305.09.
(5) Application for license. Upon notification of the successful passage of the examination for a blaster license, a person may obtain the license by submitting an application and the license fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
(6) Renewal.
(a)
1. A person may renew his or her license as a blaster.
2. A blaster license shall be renewed in accordance with s. SPS 305.07.
(b) The renewal of a blaster license shall be contingent upon the applicant completing and passing a take home examination.
(c) The renewal of a blaster license shall be contingent upon the department’s review of the applicant’s criminal history record from the state department of justice.
Note: The department will obtain the criminal history record directly from the state department of justice.
History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; cr. (2) (c), (6) (c), Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a) 1. and 2., (b) and (5), Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: r. (2) (c), am. (6) (c) Register June 2004 No. 582, eff. 8-1-04; correction in (1) (c), (2) (a), (b), (4), (5), (6) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 305.21 Fireworks manufacturers.
(1) General.
(a) Pursuant to s. 167.10 (6m), Stats., no person may manufacture fireworks or a listed device in this state unless the person holds a license issued by the department as a licensed fireworks manufacturer.
(b) A fireworks manufacturer license shall be obtained and held for each plant where fireworks or listed devices are to be manufactured.
(2) Application for license. A person applying for a fireworks manufacturer license shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and a license fee in accordance with s. SPS 305.02, Table 305.02.
(3) Qualifications for license.
(a) A person applying for a license as a fireworks manufacturer shall hold a federal license issued under 18 USC chapter 40 section 843.
(b) The person applying for a fireworks manufacturer license shall be the owner of the business, a partner in the business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the corporation.
(3m) Responsibilities. A person who holds a fireworks manufacturer license shall post the license at the plant where the fireworks are to be manufactured.
(4) Renewal.
(a)
1. A person may renew his or her license as a fireworks manufacturer.
2. A fireworks manufacturer license shall be renewed in accordance with s. SPS 305.07.
(b) The renewal of a fireworks manufacturer license shall be contingent upon the applicant possessing a federal license issued under 18 USC chapter 40 section 843.
Loading...
Loading...
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.