Section 114.14. Sanctions.

 

(1)  The department may, on its own motion, make investigations and conduct hearings and may, on its own motion or on a signed and verified written complaint, revoke, suspend or refuse to renew as provided in this section any operator's certificate, or reprimand the operator if the department finds that the holder of the certificate has done any of the following:

(a) Made a material misstatement in the application for certification or any application for a renewal of certification.

(b) Demonstrated incompetence to operate the type of facility or subclass for which the certificate was issued.

(e) Failed to notify the department of a violation of a maximum contaminant level as required in ch. NR 809 and the construction requirements of ch. NR 811 by the operator-in-charge of a waterworks operation.

(f) Failed to provide public notification of a violation of ch. NR 809 .

(g) Falsified any monitoring, operating or other records submitted to the department, or provided by the department.

(h) By intentional or negligent action, caused or significantly contributed to a violation of any provision of ch. 281 , Stats. , or any administrative codes, permits or orders adopted or issued under those chapters.

(i) Used deception or any form of dishonesty when writing examinations, or removing examination materials from the examination site.

(2)  Notice of revocation of, suspension of or refusal to renew a certificate shall be served on the certified operator and shall state the reasons for revocation, suspension or refusal to renew.

(3)  Revocation of, suspension of or refusal to renew a certificate shall take effect on the 10th day after the notice is served, unless the certified operator files a written answer with the department prior to the 10th day. If an answer is filed, the revocation, suspension of or refusal to renew is stayed and the department shall conduct a hearing on the matter within 30 days after receipt of the answer. At least 10 days prior to the date of the hearing, the department shall send a written notice to the operator indicating the date, time and location of the hearing. The final determination of the department, including the basis for the decision, shall be provided in writing to the operator. A suspended operator may not be the operator-in-charge of a facility for the duration of the suspension.

(4)  Application may be made for taking the necessary examinations for a new certificate one year after the date of revocation or refusal to renew.

(5)  Any order revoking or suspending a certificate is subject to judicial review as provided in ch. 227 , Stats.

History: Cr. Register, September, 1995, No. 477 , eff. 10-1-95; corrections in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540 ; am. (1) (h), Register, December, 2000, No. 540 , eff. 1-1-01; CR 13-054 : r. (1) (c), (d), am. (1) (h) Register June 2014 No. 702 , eff. 7-1-15.