98.245(6)(a)3.
3. The meter reading showing the volume of liquefied petroleum gas delivered.
98.245(6)(b)
(b) If there is a malfunction with the delivery ticket printer, the seller shall, at the time of delivery, either provide the purchaser or leave at the place of delivery the information required under
par. (a) in written form.
98.245(7m)(a)(a) No person may operate a meter to determine the amount of liquefied petroleum gas sold or delivered under
sub. (4) (a) unless the person holds an annual license from the department under this subsection. An annual license expires on November 30. A separate license is required for each liquefied petroleum gas meter. A license is not transferable between persons or meters.
98.245(7m)(b)
(b) To obtain a license under
par. (a), a person shall submit an application on a form provided by the department. The application shall include all of the following:
98.245(7m)(b)1.
1. The applicant's correct legal name and business address, and any trade name under which the applicant proposes to operate the liquefied petroleum gas meter.
98.245(7m)(b)2.
2. A description of the liquefied petroleum gas meter, including the serial number or other identifying marks that appear on the meter, and if applicable, the vehicle on which the meter is mounted.
98.245(7m)(b)4.
4. Other relevant information reasonably required by the department for licensing purposes.
98.245(7m)(c)
(c) An application under
par. (b) shall include the following fees and surcharges:
98.245(7m)(c)2.
2. A surcharge established by department rule, if the department determines that, within one year prior to submitting the application, the applicant operated the liquefied petroleum gas meter without a license required under
par. (a). The department may not issue a license under this subsection to an operator if the operator has failed to pay a surcharge under this subdivision assessed against the operator.
98.245(7m)(c)3.
3. A surcharge established by the department by rule if the department determines that, within one year prior to submitting the application, the applicant failed to comply with a test reporting requirement under
sub. (8). The department may not issue a license under this subsection to an operator if the operator has failed to pay a surcharge under this subdivision assessed against the operator.
98.245(7m)(d)
(d) Payment of a surcharge under
par. (c) 2. or
3. does not relieve the applicant of any other civil or criminal liability for a law violation, but is not evidence of a violation of this section.
98.245(7m)(e)
(e) Paragraph (a) does not apply to an individual who operates a liquefied petroleum gas meter only as an employee of a person who is required to hold a license under
par. (a) to operate that meter.
98.245(8)
(8) Testing and reporting. A person that is required to hold a license under
sub. (7m) to operate a liquefied petroleum gas meter shall have the meter tested for accuracy, at least annually, by a person who is licensed under
s. 98.18 (1) to perform the test. The meter operator, or the tester on behalf of the meter operator, shall report the results of each test to the department within 30 days after the testing is completed. The operator shall retain a record of each test for at least 3 years.
98.245(9)(a)(a) The department shall promulgate rules that establish all of the following:
98.245(9)(a)2.
2. Standards for the testing, reporting, and record keeping required under
sub. (8).
98.245(9)(b)
(b) The department may promulgate rules that establish standards for the construction, operation, and maintenance of liquefied petroleum gas meters.
98.246
98.246
Petroleum product sales. 98.246(2)
(2) Petroleum products may not be sold from a terminal or storage facility in this state on any basis other than gross volume without correction for temperature.
98.246 History
History: 1983 a. 251;
2013 a. 20.
98.255
98.255
Reinspection; fee. 98.255(1)(1) If the department reinspects a weight or measure because the department has found a violation of this chapter or a rule promulgated under this chapter, the department may charge the operator of the weight or measure a reinspection fee.
98.255(2)
(2) The department shall establish the amount of the reinspection fee under
sub. (1) by rule and may establish different reinspection fees for different types of weights and measures. The amount of a reinspection fee for a weight or measure may not exceed the department's average cost to reinspect that type of weight or measure.
98.255(3)
(3) A reinspection fee under
sub. (1) is payable after the reinspection is completed and is due upon written demand from the department. The department may issue a demand for payment when it issues an annual license application form to the operator of the weighing or measuring device.
98.255 History
History: 2009 a. 28.
98.26
98.26
Prohibited acts; penalty; injunction. 98.26(1)
(1) A person who does any of the following acts shall forfeit not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $1,000 for a subsequent offense. A person who intentionally does any of the following acts shall be fined not more than $10,000 or imprisoned not more than 9 months or both:
98.26(1)(a)
(a) Hinders, obstructs or impersonates a sealer or inspector.
98.26(1)(b)
(b) Uses or has in possession for use in buying or selling any commodity or service, or sells, any incorrect weight or measure or causes a weight or measure to be incorrect.
98.26(1)(c)
(c) Represents in any manner a false quantity or price in connection with the purchase or sale, or any advertising thereof, of any commodity, thing or service.
98.26(1)(d)
(d) Uses or disposes of any rejected weight or measure, or commodity, or removes therefrom any official tag, seal, stamp or mark, without written authority from a sealer or inspector.
98.26(1)(f)
(f) Violates any other provision of this chapter or any rules promulgated under this chapter for which no specific penalty is prescribed.
98.26(2)
(2) Upon application of the department or a municipality, a circuit court may grant a temporary or permanent injunction restraining any person from violating any provision of this chapter.
98.26 Cross-reference
Cross-reference: See also chs.
ATCP 91 and
92, Wis. adm. code.
