Section 114.59. 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 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.

(c) Bypassed sewage from a treatment plant without notifying the department as required by the WPDES permit.

(d) Failed to comply with any other provision requiring department notification in the facility's WPDES permit.

(e) Tampered with or manipulated any samples to misrepresent the actual sample results.

(f) Falsified any monitoring, operating or other records submitted to the department.

(g) By intentional or negligent action, caused or significantly contributed to a violation of any provision of ch. 281 or 283 , Stats. or any administrative codes, permits, or orders adopted or issued under those chapters.

(h) Used deception or any form of dishonesty when writing examinations, or removed 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 13-054 : cr. Register June 2014 No. 702 , eff. 7-1-15.