Section 159.44. Reasons for enforcement actions.

 

(1)   Reasons for accreditation enforcement actions. The department may take an action under s. DHS 159.45 against a person owning, managing, offering or conducting a training course that is regulated under this chapter, regardless whether the course is accredited, if the person has violated a provision of this chapter. The specific reason for an accreditation enforcement action may include, but is not limited to, any of the following:

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

(b) The person issued a training certificate to an individual who did not successfully complete an accredited course, or otherwise deceptively issued or used a training certificate.

(c) The person misrepresented the accreditation status of a training course or the contents of a training course to the department, EPA, another state, or the student population.

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

(e) The person provided any false or misleading information to the department relating to a regulated activity.

(f) The person failed to establish or maintain records required under this chapter, or to give an authorized representative of the department copies of or access to such records.

(g) The person falsified records required under this chapter, including but not limited to accreditation records, class rosters, or other accreditation-related information or documentation.

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

(i) The person conducted a course using individuals who were not certified when certification was required or individuals who were not approved when approval was required.

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

(k) The person failed to submit a required course notification or revised notification to the department in a timely manner.

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

(m) The person failed to respond to a letter of inquiry, a notice of noncompliance, or written order within the required time.

(n) The person failed to comply with a federal, state, or local government statute, rule, regulation, or ordinance relating to a regulated asbestos activity.

(2)   Reasons for approval enforcement actions. The department may take an action under s. DHS 159.45 against a person required to be an approved principal instructor under this chapter, regardless whether the person is approved, if the person has violated a provision of this chapter. The specific reason for an approval enforcement action may include, but is not limited to, any of the following:

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

(b) The person failed to comply with accreditation standards and requirements under this chapter while instructing or supervising a department-regulated training course.

(c) The person failed to submit a required course notification or revised notification to the department in a timely manner.

(d) The person violated a provision of this chapter, including certification requirements, or a related federal, state, or local statute, rule, regulation, or ordinance.

(e) The person provided false or misleading information, or misrepresented credentials or documentation of qualifications submitted to the department as the basis for approval.

(f) The person provided any false or misleading information relating to a regulated activity to the department.

(g) The person issued a training certificate to an individual who did not successfully complete an accredited course, or otherwise deceptively issued a training certificate.

(h) The person failed to respond to a letter of inquiry, a notification of noncompliance or written orders within the required time.

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

(3)   Reasons for certification enforcement actions. The department may take an action under s. DHS 159.45 against a person required to be certified under this chapter, regardless whether the person is certified, if the person has violated a provision of this chapter. The specific reason for a certification enforcement action may include, but is not limited to, any of the following:

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

(b) The person obtained training documentation by fraudulent means.

(c) The individual used a training certificate, or electronic equivalent, without having successfully completed the course for which the certificate was issued.

(d) The individual 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 individual completed a course that was not in compliance with accreditation standards under this chapter.

(g) The person permitted the use of a training certificate or certification card by an individual to whom the certificate or card was not issued, or permitted duplication of a training certificate or card without labeling the duplicate a "copy."

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

(i) The individual performed regulated work under provisional certification without meeting all conditions for provisional certification.

(j) The person allowed an individual to work without supervision when supervision was required.

(k) The person conducted regulated work requiring certification without being certified by the department.

(L) The individual performed work that required certification without having proof of certification at the job site in violation of s. DHS 159.13 (4) (c) .

(m) The person conducted, advertised, claimed to provide, or offered to conduct or supervise work for which certification was required, without being appropriately certified.

(n) The person conducted work using individuals who were not certified when certification was required or individuals who were not approved when approval was required.

(o) The person failed to establish or maintain records required under this chapter, or to give an authorized representative of the department copies of or access to such records by.

(p) The person failed or refused to permit entry to or inspection of a work site or place of business by an authorized representative of the department.

(q) The person displayed conduct relating to a regulated asbestos activity that in the department's judgment constitutes unreasonable risk to the health or safety of a person or the environment.

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

(s) The person obtained certification when not eligible for certification.

(t) The person failed to comply with a federal, state, or local government statute, rule, regulation, or ordinance relating to a regulated asbestos activity.

(u) The person failed to submit a completed and timely notification under s. DHS 159.19 (2) or 159.20 .

(v) The person failed to respond to a letter of inquiry, a notice of noncompliance or written order within the required time.

(w) The person provided false or misleading information to the department relating to a regulated activity.

(4)   Reasons for denial. In addition to the reasons for enforcement actions under subs. (1) to (3) , the department may deny an application for certification, recertification, accreditation, renewal of accreditation or approval for any of the following reasons:

(a) A person's certification, accreditation, or approval under this chapter was revoked within the previous 5 years.

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

(c) The person submitted false or inaccurate information in the application process.

(d) The person seeks to renew contingent accreditation of a training course that has remained in contingent accreditation status for three years without obtaining full accreditation.

(5)   Reasons for summary suspension. The reasons the department may impose summary suspension under s. DHS 159.45 (7) include, but are not limited to, the following:

(a) A person commits a substantial violation of s. 254.20 or 254.21 , Stats., this chapter, or an order issued under s. DHS 159.45 (3) , involving any of the following:

1. Performing work requiring certification without being appropriately certified.

2. Performing work using individuals who are not certified when certification is required.

3. Failing or refusing to comply with work practice standards under s. DHS 159.13 or under s. DHS 159.21 to ensure that employed or contracted personnel comply with work practice standards.

(b) A person commits any other action, or creates a condition relating to a regulated asbestos activity, that directly threatens the health, safety, or welfare of a person or the environment.

History: CR 08-036 : cr. Register February 2009 No. 638 , eff. 5-1-09.