Section 163.31. Reasons for enforcement actions.

 

(1)   Execution of a consent agreement. In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action may constitute, for purposes of this section, conclusive evidence of a failure to comply with relevant statutes or rules.

(2)   Reasons for accreditation enforcement actions. The department may take an action under s. DHS 163.32 against a person offering or conducting a training course that is required to be accredited under this chapter if the person has violated any provision of this chapter. Reasons for accreditation enforcement actions may include any of the following violations:

(a) The person owes the department payment of fees.

(b) The person deceptively issued or used training certificates.

(c) The person misrepresented a training course or the contents of a training course to the department, EPA, another EPA-authorized state, an EPA-authorized tribe or the student population.

(d) The person made false or misleading statements to the department in its application for accreditation or reaccreditation.

(e) The person falsified accreditation records, instructor qualifications or other accreditation-related information or documentation.

(f) The person offered or conducted a course that failed to meet a requirement of this chapter.

(g) The person failed to comply with the accreditation standards and requirements under this chapter.

(h) The person falsified records or failed or refused to establish, maintain, provide, copy or permit access by an authorized representative of the department to records or reports.

(i) The person failed to submit required information or notifications to the department in a timely manner.

(j) The person failed to comply with any other federal, state or local lead-based paint statute, ordinance, rule or regulation.

(k) The person failed or refused to permit a department representative entry to a training course without charge or hindrance to attend, evaluate or monitor the course.

(L) The person used an instructor to teach a course accredited under this chapter who was not qualified to teach at the time the course was offered.

(3)   Reasons for approval enforcement actions. The department may take an action under s. DHS 163.32 against a person required to be approved as a training manager, principal instructor or guest instructor under this chapter if the person has violated any provision of this chapter. The reason for an approval enforcement action may include any of the following violations:

(a) The training manager, principal instructor or guest instructor has violated a provision of this chapter or any related state, federal or local statute, ordinance, rule or regulation.

(b) The training manager, principal instructor or guest instructor has misrepresented his or her credentials or documentation of qualifications submitted to the department as the basis for approval.

(c) The principal instructor failed to maintain the instructor approval or certification upon which the approval was granted, before teaching a course accredited under subch. III .

(4)   Reasons for certification enforcement actions. The department may take an action under s. DHS 163.32 against a person required to be certified under this chapter, whether an individual or a company, if the person has violated any provision of this chapter. Reasons for certification enforcement actions may include any of the following violations:

(a) The person owes the department payment of fees.

(b) The person used a training certificate that was issued by a training manager without attending an appropriate course or an entire course or without passing an approved course test.

(c) The person obtained training documentation through fraudulent means.

(d) The person gained admission to and completed an accredited training program through misrepresentation of admission requirements.

(e) The person misrepresented facts or made false or misleading statements in applying for certification.

(f) The person obtained certification through misrepresentation of certification requirements or related documents dealing with education, training, professional registration or experience.

(g) The person permitted the duplication, without labeling the duplicate a "copy," when labeling is required or permitted the use of one person's training certificate, certification card or other certification document by another.

(h) The person withheld or confiscated an employee's valid training certificate or valid certification card.

(i) The person performed work requiring certification at a job site without having proof onsite of certification.

(j) The person performed, advertised, claimed to provide or offered to perform or supervise work for which certification is required but for which appropriate certification had not been received.

(k) The person performed work using individuals who were not certified when certification was required.

(L) The person falsified records or failed or refused to establish, maintain, provide, copy or permit access to records or reports by an authorized representative of the department.

(m) The person failed or refused to permit entry or inspection by an authorized representative of the department.

(n) The person failed or refused to comply with, or to ensure that employed or contracted persons comply with, the work practice standards and protocols under this chapter.

(o) The person displayed conduct relating to a regulated activity that in the department's judgment constitutes unreasonable risk to the health of any person.

(p) The person displayed a pattern of conduct that in the department's judgment constitutes unreasonable risk to the health and safety of persons or the environment.

(q) The person failed the mandatory certification examination 3 times in any 6-month period.

(r) The person is not eligible for certification.

(s) The person failed to comply with any federal, state or local government lead-based paint statute, ordinance, rule or regulation.

(5)   Reasons for denial. In addition to reasons for enforcement actions under subs. (1) to (4) , the department may deny an application for certification, recertification, accreditation, renewal of accreditation or approval under this chapter to any of the following persons:

(a) A person who has had a certification, recertification, accreditation, renewal of accreditation or approval under this chapter revoked within the previous 5 years.

(b) A person whom the department determines is not fit or qualified. In determining whether a person is fit or qualified, the department shall consider the person's qualifications and any history of civil or criminal violation of statutes, regulations or ordinances of the United States, this state, any other state or any tribal or local government substantially related to regulated activities or other environmental remediation.

(6)   Reasons for summary suspension. A finding of a requirement for summary suspension under s. DHS 163.32 (5) may be based on, but is not limited to, any the following:

(a) A person has committed a substantial violation of this chapter or an order under this section, as determined by the department. A substantial violation may include one of the following:

1. Performance of work for which certification is required but for which appropriate certification was not received.

2. Performance of work using individuals who were not certified when certification was required.

3. Failure or refusal to comply with the work practice standards under s. DHS 163.14 , or to ensure that employed or contracted persons comply with those work practice standards.

(b) A person has committed an action or has created a condition relating to a regulated activity that directly threatens the health, safety or welfare of any person.

CR 00-172 : cr. Register February 2002 No. 554 , eff. 3-1-02; EmR0928 : emerg. am. (1), (2) (d), (h), (4) (intro.), (L), (n), (5) (b), and (6) (a) 3., cr. (2) (L) and (3) (c), eff. 10-16-09; CR 09-085 : am. (1), (2) (d), (h), (4) (intro.), (L), (n), (5) (b), and (6) (a) 3., cr. (2) (L) and (3) (c) Register March 2010 No. 651 , eff. 4-1-10.