Section 131.11. Audits of inspection facilities.

 

(1)   General. Representatives of the department or its designated agent shall conduct audits of inspection equipment, procedures, personnel and records as follows:

(a) All contractor inspection functions, including those occurring at the inspection stations, other authorized inspection facilities, technical assistance centers or other facility by an inspector designated by the department to perform the functions of a technical assistance center, and vehicles used to conduct remote sensing, shall be audited on an unscheduled basis, at a minimum, according to the frequency established in the federal rule.

(b) Scheduled audits may be performed at any time.

(c) Either the department or its agent may conduct covert audits in order to satisfy the requirements of the federal rule.

(d) Audits shall be performed according to written procedures either established or approved by the department.

(2)   Equipment audits.

(c) Equipment used to perform remote sensing tests shall be audited according to written procedures either established or approved by the department.

(d) Equipment used to perform OBD inspections shall be audited according to written procedures either established or approved by the department.

(e) If equipment fails to operate within contractually specified tolerance during an overt or covert audit, the department's quality assurance auditor shall immediately re-audit the failing equipment. If the equipment fails again, the department's quality assurance auditor shall require the station manager to close the affected lane or other authorized inspection facility or emission inspection operation until such time as the equipment is properly repaired and documentation of corrective actions is available for review by the department.

(3)   Penalties. Equipment failure shall result in the imposition of a penalty. Penalties are established in the penalty schedule section of the contract and may require that the contractor either incur liquidated damages or suspend or revoke inspector licenses, or both.

Cr. Register, June, 1993, No. 450 , eff. 7-1-93; renum. Trans 131.09 to be 131.11 and r. and recr., Register, April, 1996, No. 484 , eff. 5-1-96; renum. (2) (d) to be (2) (e), cr. (2) (d), am. (3) (b), Register, May, 2001, No. 545 , eff. 6-1-01; CR 07-114 : am. (1) (a) and (2) (e), r. (2) (a) and (b) Register June 2008 No. 630 , eff. 7-1-08; CR 10-088 : am. (1) (intro.) and (a) and (2) (e) Register December 2010 No. 660 , eff. 1-1-11; 2013 Wis. Act 363 : renum. (3) (a) to (3), r. (3) (b) Register May 2014 No. 701 , eff. 6-1-14.