Section 146.09. Suspension and revocation.

 

(1)   Bases for action. The department may suspend or revoke a license or registration under this chapter for any of the following reasons:

(a) The licensee or registrant made a material misstatement in the application for the license, registration, or any application for renewal of the license or registration.

(b) The licensee or registrant demonstrated incompetency to act in the industry or industries for which the license or registration was issued.

(c) The licensee or registrant willfully violated a second time or more any provision of ch. 280 , Stats. , or any rule, regulation or order prescribed by the department.

(d) The licensee or registrant was found guilty in any civil or criminal proceeding of any action constituting fraud in connection with water well drilling, heat exchange drilling, or pump installing activities or operations.

(2)   Suspension and revocation activities. No individual or person whose license or registration has been suspended or revoked may engage in the business of water [well] drilling, heat exchange drilling, or pump installing during the suspension or revocation period unless all of the following apply:

(a) Water well drilling activities are performed under the direct supervision of a Wisconsin licensed individual water well driller, heat exchange drilling activities are performed under the direct supervision of a Wisconsin licensed individual heat exchange driller, and pump installing activities are performed under the direct supervision of a Wisconsin licensed individual pump installer.

(b) The water well driller whose license or registration was suspended or revoked shall be an employee of the Wisconsin licensed water well driller providing direct supervision of his or her activities or shall be an employee of a Wisconsin registered water well drilling business whose licensed supervisory individual water well driller is providing direct supervision to the water well driller whose license or registration was suspended or revoked. The heat exchange driller whose license or registration was suspended or revoked shall be an employee of the Wisconsin licensed heat exchange driller providing direct supervision of his or her activities or shall be an employee of a Wisconsin registered heat exchange drilling business whose licensed supervisory individual heat exchange driller is providing direct supervision to the heat exchange driller whose license or registration was suspended or revoked. The pump installer whose license or registration was suspended or revoked shall be an employee of the Wisconsin licensed pump installer providing direct supervision of his or her activities or be an employee of a Wisconsin registered pump installing business whose licensed supervisory individual pump installer is providing direct supervision to the pump installer whose license or registration was suspended or revoked. A copy of the employment contract under par. (b) , (c) , or (d) shall be provided to, and approved by the department before any water well drilling, heat exchange drilling, pump installing or well filling and sealing activities are commenced. An employment contract entered into to meet the requirements of this chapter shall include the assignment of responsibility for supervision, submission of reports and the completion of work in compliance with all applicable laws and rules and with any plans, specifications, variances and approvals approved by the department to the Wisconsin licensed individual supervisory water well driller or pump installer.

(c) The individual or person whose license or registration was suspended or revoked shall notify the department of the location of any water well drilling, heat exchange drilling, or pump installation the individual or person whose license or registration was suspended or revoked will be working on at least 48 hours in advance, except that emergency pump installations shall be reported before 8:00 a.m. on the first business day following the work.

(d) The individual or person whose license or registration was suspended or revoked shall notify the department of the location of each water well drilling rig, heat exchange drilling rig, or pump installation truck owned, leased or used by the individual or person whose license or registration was suspended or revoked and of any change in the location of any rig or truck during the suspension or revocation period.

(3)   Reinstatement.

(a) An individual whose license was suspended based on incompetency to act in the industry or industries for which a Wisconsin license was issued shall demonstrate competency to engage in the industry or industries by passing an exam administered by the department before the suspension is ended by the department.

(b) An individual whose license has been revoked may apply for a new license one year or thereafter after the date of revocation. A license application from an individual whose license was revoked is not a renewal. A person whose registration has been revoked may apply for a new registration one year or thereafter after the date of revocation.

(c) An individual whose water well drilling, heat exchange drilling, or pump installing license was revoked for any reason shall demonstrate the individual's [licensee's] knowledge to engage in the industry [business or businesses] by passing an exam administered by the department. An individual whose [who has had] water well drilling, heat exchange drilling, or pump installing license was revoked for incompetency is not eligible to become licensed again until after the individual has demonstrated competency in the activity for which the individual was deemed incompetent. In the alternative, the department may grant a conditional license to the applicant, which restricts the individual from engaging in the activity for which the individual was deemed incompetent. Competency shall be demonstrated by performing the activity while working under the direct supervision of an individual licensed for that activity for at least two years without violations.

(d) An individual whose license was suspended for willful violations and has failed to comply with requirements of the suspension order so that the suspension extends longer than one calendar year, shall take and pass the exam to become licensed, as provided in s. NR 146.07 (2) .

History: Cr. Register, December, 1988, No. 396 , eff. 1-1-89; correction in (1) (c) made under s. 13.92 (4) (b) 7. , Stats., Register March 2011 No. 663 ; CR 13-096 : am. (1), (2), (3) (a), (b), cr. (3) (c), (d), CR 13-099 : am. (1), (2), (3) (a), (b), cr. (3) (c), (d), Register September 2014 No. 705 , eff. 10-1-14; 2015 Wis. Act 197 s. 41 Register April 2016 No. 724 .

Note

The word "well" in brackets was removed by CR 13-099 but the word is necessary to give effect to the treatment by CR 13-096 . Future rulemaking will address any wording inconsistencies. Microsoft Windows NT 6.1.7601 Service Pack 1 The words "licensees," "business or businesses," and "who has had" are added by CR 13-096 but are not reconcilable with the treatment of par. (c) by CR 13-099 . Future rulemaking will address any wording inconsistencies. Microsoft Windows NT 6.1.7601 Service Pack 1